The Internet Has Borders: California Court Blocks Worldwide Interlocutory Injunction Affirmed by the Supreme Court of Canada The Internet Has Borders: California Court Blocks Worldwide Interlocutory Injunction Affirmed by the Supr...

Information Technology
November 15, 2017November 15, 20172017-11-15
On November 3, 2017, the District Court for Northern California granted Google’s motion for preliminary injunctive relief, blocking the enforcement of the worldwide interlocutory injunction recently upheld by the Supreme Court of Canada.
Deeth Williams Wall http://www.dww.com/articles/internet-has-borders-california-court-blocks-worldwide-interlocutory-injunction-affirmed

UK Court of Appeal Finds Eli Lilly’s Tadalafil Patent Obvious to Try UK Court of Appeal Finds Eli Lilly’s Tadalafil Patent Obvious to Try

Patent
November 15, 2017November 15, 20172017-11-15
On November 1, in Actavis v ICOS, [2017] EWCA Civ 1671, the UK Court of Appeal held that Lilly’s EP (UK) 1,173,181 (the “Patent”) was invalid for obviousness. The Patent claims a dosage form comprising tadalafil (Lilly’s CIALIS®) at a maximum daily dose of 5 mg
Deeth Williams Wall http://www.dww.com/articles/uk-court-of-appeal-finds-eli-lilly%E2%80%99s-tadalafil-patent-obvious-to-try

UK Court of Appeal Affirms Decision that London Black Cabs Lack Distinctive Character UK Court of Appeal Affirms Decision that London Black Cabs Lack Distinctive Character

Trademark
November 15, 2017November 15, 20172017-11-15
In London Taxi Corporation Limited v Frazer-Nash Research Limited et al, [2017] EWCA Civ 1729, the UK Court of Appeal affirmed a decision of the High Court
Deeth Williams Wall http://www.dww.com/articles/uk-court-of-appeal-affirms-decision-london-black-cabs-lack-distinctive-character

Ontario Superior Court of Justice Dissolves Injunction Restraining Release of Documentary Film Ontario Superior Court of Justice Dissolves Injunction Restraining Release of Documentary Film

Copyright
November 15, 2017November 15, 20172017-11-15
On August 11, 2017, the Ontario Superior Court of Justice issued its decision in Wiseau Studio et al v Richard Harper (2017 ONSC 6535) dissolving an interim injunction against the defendant for lacking disclosure and failing to pe
Deeth Williams Wall http://www.dww.com/articles/ontario-superior-court-of-justice-dissolves-injunction-restraining-release-of-documentary

Ontario Superior Court of Justice Dismisses Copyright Infringement Case Against Toronto Radio Station Ontario Superior Court of Justice Dismisses Copyright Infringement Case Against Toronto Radio Station

Copyright
November 15, 2017November 15, 20172017-11-15
On October 10, 2017, the Ontario Superior Court of Justice (Court) issued its decision in John v Richards (2017 ONSC 6307) summarily dismissing an action for copyright infringement against the defendants.
Deeth Williams Wall http://www.dww.com/articles/ontario-superior-court-of-justice-dismisses-copyright-infringement-case-against-toronto

Patented Medicine Prices Review Board Issues Excessive Pricing Order Against Alexion for SOLIRIS (eculizumab) Patented Medicine Prices Review Board Issues Excessive Pricing Order Against Alexion for SOLIRIS (eculizu...

Regulatory Law
November 15, 2017November 15, 20172017-11-15
On September 20, 2017, a two-member panel (Panel) of the Patented Medicine Prices Review Board (PMPRB) held that Alexion Pharmaceuticals Inc.’s (Alexion) pricing of its drug SOLIRIS (eculizumab) in Canada was excessive in accordance with Sections 83 and 85 of the Patent Act.
Deeth Williams Wall http://www.dww.com/articles/patented-medicine-prices-review-board-issues-excessive-pricing-order-against-alexion-for

Canada’s Information and Privacy Commissioners Announce Joint Resolution Canada’s Information and Privacy Commissioners Announce Joint Resolution

Information Technology
November 1, 2017November 1, 20172017-11-07
On October 19, 2017, the Office of the Privacy Commissioner of Canada announced a joint resolution put forth by the Information and Privacy Commissioners of Canada (IPCs).
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-information-and-privacy-commissioners-announce-joint-resolution

Domain Squatters Beware: Canadian Domain Names Registered in Bad Faith are Subject to Transfer Domain Squatters Beware: Canadian Domain Names Registered in Bad Faith are Subject to Transfer

Domain Names
November 1, 2017November 1, 20172017-11-01
On October 3, 2017, the Canadian Internet Registration Authority (CIRA) Dispute Resolution Panel (the Panel) affirmed that bad faith registrations will not be upheld against brand owners.
Deeth Williams Wall http://www.dww.com/articles/domain-squatters-beware-canadian-domain-names-registered-bad-faith-are-subject-to-transfer

Health Canada Advises of Changes in the Interpretation of “Identical Medicinal Ingredient” Health Canada Advises of Changes in the Interpretation of “Identical Medicinal Ingredient”

Food and Drug
November 1, 2017November 1, 20172017-11-01
On October 5, 2017, Health Canada published an Updated Notice entitled, “Up
Deeth Williams Wall http://www.dww.com/articles/health-canada-advises-of-changes-interpretation-of-%E2%80%9Cidentical-medicinal-ingredient%E2%80%9D

US Federal Circuit Affirms Decision Holding Patents Directed Toward Open-Payment Fare System as Patent-Ineligible Subject Matter US Federal Circuit Affirms Decision Holding Patents Directed Toward Open-Payment Fare System as Patent-In...

Patent
November 1, 2017November 1, 20172017-11-07
In Smart Sys Innovations, LLC v Chicago Transit Authority, the US Federal Circuit (Court) affirmed the decision of the US District Court for the Northern District of Illinois (District Court) finding that US Patent Numbers 7,566,003, 7,568,617,
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-affirms-decision-holding-patents-directed-toward-openpayment-fare

Federal Court Considers Amendment of Pleadings Made Subsequent to SCC’s Promise Doctrine Decision Federal Court Considers Amendment of Pleadings Made Subsequent to SCC’s Promise Doctrine Decision

Pharmaceutical Patent Litigation
November 1, 2017November 1, 20172017-11-01
In Apotex Inc v Shire LLC, 2017 FC 831, Apotex Inc. sought leave to amend its statement of claim. Apotex had brought an action against Shire LLC for a declaration of non-infringement and invalidity of a Canadian patent.
Deeth Williams Wall http://www.dww.com/articles/federal-court-considers-amendment-of-pleadings-made-subsequent-to-scc%E2%80%99s-promise-doctrine

Ontario Court of Appeal Dismisses Appeal Against Teranet Ontario Court of Appeal Dismisses Appeal Against Teranet

Copyright
October 18, 2017October 18, 20172017-11-07
On September 28, 2017, the Ontario Court of Appeal (Court) released its decision in Keatley Surveying Ltd v Teranet Inc, 2017 ONCA 748,
Deeth Williams Wall http://www.dww.com/articles/ontario-court-of-appeal-dismisses-appeal-against-teranet

Health Canada Consulting on Drug and Device Fee Increases Health Canada Consulting on Drug and Device Fee Increases

Food and Drug
October 18, 2017October 18, 20172017-10-18
On October 13, 2017, Health Canada released a consultation document on proposed changes to fees associated with government activities related to drug (including veterinary drug) submission reviews, medical device submission reviews, Establishment Licences, and annual right-to-sell fees for the same. Recent governmental policy changes on fee setting make this possible for the regulator.
Deeth Williams Wall http://www.dww.com/articles/health-canada-consulting-on-drug-and-device-fee-increases

Privacy Commissioner Provides Comment Regarding Proposed Breach of Security Safeguards Regulations Privacy Commissioner Provides Comment Regarding Proposed Breach of Security Safeguards Regulations

Privacy
October 18, 2017October 18, 20172017-10-18
On October 2, 2017, the Office of the Privacy Commissioner of Canada (OPCC) sent a letter to the Department of Innovation, Science and Economic Development regarding the proposed Breach of Security Safeguards Regulations that
Deeth Williams Wall http://www.dww.com/articles/privacy-commissioner-provides-comment-regarding-proposed-breach-of-security-safeguards

US Court of Appeals Affirms Enforceability of Amazon’s Terms of Service US Court of Appeals Affirms Enforceability of Amazon’s Terms of Service

Technology Contracting
October 18, 2017October 18, 20172017-10-18
On September 19, 2017, in an unpublished memorandum, the United States Court of Appeals for the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazo
Deeth Williams Wall http://www.dww.com/articles/us-court-of-appeals-affirms-enforceability-of-amazon%E2%80%99s-terms-of-service

Australian Court Upholds Exclusive Jurisdiction Clause in Online Agreement Australian Court Upholds Exclusive Jurisdiction Clause in Online Agreement

Technology Contracting
October 18, 2017October 18, 20172017-10-18
On August 28, 2017, the Supreme Court of New South Wales (Court) issued its decision in Gonzalez v Agoda Company Pte Ltd (2017 NSWSC 1133) upholdin
Deeth Williams Wall http://www.dww.com/articles/australian-court-upholds-exclusive-jurisdiction-clause-online-agreement

Australian Appeal Court Finds Google Liable for Publication of Defamatory Content Australian Appeal Court Finds Google Liable for Publication of Defamatory Content

Information Technology
October 18, 2017October 18, 20172017-10-18
On October 4, 2017, the Supreme Court of South Australia (Court), in Google Inc v Duffy, [2017] SASCFC 130, affirmed that Google is liable for the public
Deeth Williams Wall http://www.dww.com/articles/australian-appeal-court-finds-google-liable-for-publication-of-defamatory-content

Canada’s Federal Court of Appeal Applies Supreme Court’s Utility Test for the First Time to Uphold Validity of BMS’ Dasatinib Patent Canada’s Federal Court of Appeal Applies Supreme Court’s Utility Test for the First Time to Uphold Validi...

Patent Litigation
October 4, 2017October 4, 20172017-10-04
On September 18, 2017, Canada’s Federal Court of Appeal (FCA) released its decision in BMS v Apotex Inc, 2017 FCA 190, reversing the Federal Court’s (FC) decision (
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-federal-court-of-appeal-applies-supreme-court%E2%80%99s-utility-test-for-first-time-to

Federal Court Clarifies When Use Must Commence for “Use in Canada” Filing Basis Federal Court Clarifies When Use Must Commence for “Use in Canada” Filing Basis

Trademark
October 4, 2017October 4, 20172017-10-04
In its decision in Les Marques Metro / Metro Brands SENC v 1161396 Ontario Inc. (2017 FC 806), the Federal Court (FC) confirmed that an applied-for trade-mark must have been used in association w
Deeth Williams Wall http://www.dww.com/articles/federal-court-clarifies-when-use-must-commence-for-%E2%80%9Cuse-canada%E2%80%9D-filing-basis

Canada’s Trade-marks Act Amended to Expand Protection for Geographical Indications Canada’s Trade-marks Act Amended to Expand Protection for Geographical Indications

Trademark
October 4, 2017October 4, 20172017-10-04
On September 21, 2017, Canada’s Trade-marks Act (Act) was amended as a result of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act (CETA), expanding the definition of geographical indication (GI) to include agricultural products and foods.
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-trademarks-act-amended-to-expand-protection-for-geographical-indications