Supreme Court of Canada Considers Forum and Jurisdiction in Cyber Libel Case Supreme Court of Canada Considers Forum and Jurisdiction in Cyber Libel Case

Telecommunications
June 13, 2018June 13, 20182018-06-13
On June 6 2018, the Supreme Court of Canada (SCC) released its judgement in Haaretz v Goldhar, 2018 SCC 28, a significant decision considering conflict of laws rules in the context of an Internet defa
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-canada-considers-forum-and-jurisdiction-cyber-libel-case

Lack of Utility Strikes Patent in Safe Gaming System v Atlantic Lottery Corporation Lack of Utility Strikes Patent in Safe Gaming System v Atlantic Lottery Corporation

Patent
June 13, 2018June 13, 20182018-06-13
On May 25, 2018, in Safe Gaming System v Atlantic Lottery Corporation, 2018 FC 542, Justice McVeigh for the Federal Court of Canada found tha
Deeth Williams Wall http://www.dww.com/articles/lack-of-utility-strikes-patent-safe-gaming-system-v-atlantic-lottery-corporation

Public Consultations for Industrial Design Office Practice Manual Now Open Public Consultations for Industrial Design Office Practice Manual Now Open

Industrial Design
June 13, 2018June 13, 20182018-06-13
On May 30, 2018, the Canadian Intellectual Property Office (CIPO) began its public consultations on a new Industrial Design Office Practice Manual (IDOP). The IDOP is the primary public source for information on how to file and prosecute an application for industrial design registration in Canada. Public consultations on the proposed IDOP will run for 30 days until June 29, 2018.
Deeth Williams Wall http://www.dww.com/articles/public-consultations-for-industrial-design-office-practice-manual-now-open

Application for Summary Judgement Dismissed in Maple Leaf Image Copyright Dispute Application for Summary Judgement Dismissed in Maple Leaf Image Copyright Dispute

Copyright
June 13, 2018June 13, 20182018-06-13
On April 23, 2017, the Supreme Court of British Columbia (“Court”) issued its decision in Hunter v British Columbia Lottery Corporation, 2018 BCSC 816, dismissing an application for summ
Deeth Williams Wall http://www.dww.com/articles/application-for-summary-judgement-dismissed-maple-leaf-image-copyright-dispute

Courts Continue to Struggle with Concept of Keyword Metatags Courts Continue to Struggle with Concept of Keyword Metatags

Trademark
May 30, 2018May 30, 20182018-05-30
In Adidas America, Inc v Skechers USA, Inc (9th Circuit May 10, 2018), the United States Court of Appeals for the Ninth Circuit affirmed, in part, an injunction granted against Skechers which enjoined it from selling shoes that allegedly infringe an
Deeth Williams Wall http://www.dww.com/articles/courts-continue-to-struggle-concept-of-keyword-metatags

UK Supreme Court Enforces “No Oral Modification” Clause in a Licence Agreement UK Supreme Court Enforces “No Oral Modification” Clause in a Licence Agreement

Information Technology
May 30, 2018May 30, 20182018-05-30
In Rock Advertising Ltd v MWB Business Exchange Centres Ltd, [2018] UKSC 24, the UK Supreme Court has found a clause in a commercial agreement that prohibited oral modification of the agreement to be enforceable, thereby restoring the finding of the county court, which had been rever
Deeth Williams Wall http://www.dww.com/articles/uk-supreme-court-enforces-%E2%80%9Cno-oral-modification%E2%80%9D-clause-a-licence-agreement

Privacy Commissioner of Canada Presents Views on Financial Technology Organizations and Privacy to Parliament Privacy Commissioner of Canada Presents Views on Financial Technology Organizations and Privacy to Parlia...

Privacy
May 30, 2018May 30, 20182018-05-30
On May 9, 2018, the Privacy Commissioner of Canada appeared before the Standing Senate Committee on Banking, Trade and Commerce to present his views in relation to Division 16 of Bill C-74, the Budget Implementation Act.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-presents-views-on-financial-technology-organizations-and

Buyer Beware on VRBO: US Court of Appeals Finds no Fraud in Bogus Listing Buyer Beware on VRBO: US Court of Appeals Finds no Fraud in Bogus Listing

Information Technology
May 30, 2018May 30, 20182018-05-30
In Hiam v Homeaway.com (1st Circuit, April 12, 2018), Peter Hiam sued HomeAway.com Inc for fraud in connection with a vacation rental posted on VRBO
Deeth Williams Wall https://www.dww.com/articles/buyer-beware-on-vrbo-us-court-of-appeals-finds-no-fraud-bogus-listing

Video on Demand Patent Found Not to be Patent-Eligible Subject Matter Video on Demand Patent Found Not to be Patent-Eligible Subject Matter

Patent
May 30, 2018May 30, 20182018-05-30
On March 5, 2018, the Canadian Patent Appeal Board, in decision number 1448 regarding an application entitled “Video content navigation with revenue maximization”, recommended that the application be refused on the basis that the claims in the application did not define statutory subject matter, contrary to section 2 of the Pa
Deeth Williams Wall https://www.dww.com/articles/video-on-demand-patent-found-not-to-be-patenteligible-subject-matter

Dr. Dre Not Likely to be Confused with a Gynecologist, USPTO Finds Dr. Dre Not Likely to be Confused with a Gynecologist, USPTO Finds

Trademark
May 16, 2018May 16, 20182018-05-16
On May 3, 2018, Dr. Dre lost a long running battle at the US Patent and Trademark Office (USPTO) over the mark “Dr. Drai”.
Deeth Williams Wall https://www.dww.com/articles/dr-dre-not-likely-to-be-confused-a-gynecologist-uspto-finds

Supreme Court of Canada Denies Idenix’s Leave Application Regarding Sofosbuvir Patent Supreme Court of Canada Denies Idenix’s Leave Application Regarding Sofosbuvir Patent

Pharmaceutical Patent Litigation
May 16, 2018May 16, 20182018-05-16
On April 26, 2018, the Supreme Court of Canada (SCC) denied Idenix Pharmaceuticals, Inc (Idenix)’s leave application from a Federal Court of Appeal (FCA) decision dismissing Idenix’s appeal from a Federal Court (FC) decision (SCC Docket No. 37781).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-denies-idenix%E2%80%99s-leave-application-regarding-sofosbuvir-patent

Privacy Commissioner of Canada Presents Views on Privacy Implications of Autonomous and Connected Vehicles to Parliament Privacy Commissioner of Canada Presents Views on Privacy Implications of Autonomous and Connected Vehicle...

Privacy
May 16, 2018May 16, 20182018-05-16
On May 9, 2018, the Privacy Commissioner of Canada (Commissioner) appeared before the Standing Committee on Transport, Infrastructure and Communities in response to a January 2018 study on the regulatory and technical issues r
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-presents-views-on-privacy-implications-of-autonomous-and

CIPO Revises Chapters 1-3, 13, 17 and 23 of MOPOP CIPO Revises Chapters 1-3, 13, 17 and 23 of MOPOP

Patent
May 16, 2018May 16, 20182018-05-16
The Canadian Intellectual Property Office (CIPO) has revised chapters 1-3, 13, 17 and 23 of the Manual of Patent Office Practice (MOPOP).
Deeth Williams Wall https://www.dww.com/articles/cipo-revises-chapters-13-13-17-and-23-of-mopop

Oracle v Google: Fair Use of a Copyrighted API Oracle v Google: Fair Use of a Copyrighted API

Copyright
May 2, 2018May 2, 20182018-05-02
On March 27, 2018, in Oracle America, Inc v Google LLC, the United States Court of Appeals for the Northern District of California (Court) found that Google’s use of the Java Application Programming Interface (API) in its
Deeth Williams Wall https://www.dww.com/articles/oracle-v-google-fair-use-of-a-copyrighted-api

Federal Court Concludes Apotex Would Not Use Non-Infringing Alternative Federal Court Concludes Apotex Would Not Use Non-Infringing Alternative

Patent
May 2, 2018May 2, 20182018-05-02
On March 28, 2018, in Adir v Apotex, 2018 FC 346 the Federal Court provided its decision for the accounting of profits portion of a bifurcated trial.
Deeth Williams Wall https://www.dww.com/articles/federal-court-concludes-apotex-would-not-use-noninfringing-alternative

Federal Court Rejects Summary of Surveys Contained in Affidavit of Fact Witness Federal Court Rejects Summary of Surveys Contained in Affidavit of Fact Witness

Trademark
May 2, 2018May 2, 20182018-05-02
On April 16, 2018, the Federal Court released its decision in Clorox Company of Canada, Ltd v Chloretec sec, 2018 FC 408.
Deeth Williams Wall https://www.dww.com/articles/federal-court-rejects-summary-of-surveys-contained-affidavit-of-fact-witness

The US Supreme Court Holds Inter Partes Review Proceedings as Constitutional The US Supreme Court Holds Inter Partes Review Proceedings as Constitutional

Patent
May 2, 2018May 2, 20182018-05-02
In Oil States Energy Services, LLC v Greene's Energy Group, LLC, the US Supreme Court held that Inter Partes Review (IPR) proceedings before the US Patent Trial and Appeal Board (PTAB) do not violate Article III or the Seventh Amendment of the US Constitution.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-holds-inter-partes-review-proceedings-as-constitutional

Canadian Patent Appeal Board Rejects Business Intelligence System as Unpatentable Subject Matter Canadian Patent Appeal Board Rejects Business Intelligence System as Unpatentable Subject Matter

Patent
May 2, 2018May 2, 20182018-05-02
On March 5, 2018, the Canadian Patent Appeal Board in decision number 1443 regarding an application entitled “Systems and Methods for Providing Business Intelligence Based on Shipping Information” recommended that the application be refused on the basis that the claims are directed to non-statutory subject matter.
Deeth Williams Wall https://www.dww.com/articles/canadian-patent-appeal-board-rejects-business-intelligence-system-as-unpatentable-subject

US Cloud Act Enables Streamlined Process for Law Enforcement to Access Data Stored Outside US Borders US Cloud Act Enables Streamlined Process for Law Enforcement to Access Data Stored Outside US Borders

Information Technology
May 2, 2018May 2, 20182018-05-02
On March 23, 2018, President Trump passed the Clarifying Lawful Overseas Use of Data Act, better known as the “Cloud Act”. The Act provides a streamlined framework for law enforcement to seek assistance from data hosting providers while pursuing criminal investigations.
Deeth Williams Wall https://www.dww.com/articles/us-cloud-act-enables-streamlined-process-for-law-enforcement-to-access-data-stored-outside