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 Wallhttp://www.dww.com/articles/supreme-court-of-canada-denies-idenix%E2%80%99s-leave-application-regarding-sofosbuvir-patent
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 Wallhttp://www.dww.com/articles/privacy-commissioner-of-canada-presents-views-on-privacy-implications-of-autonomous-and
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 Wallhttp://www.dww.com/articles/oracle-v-google-fair-use-of-a-copyrighted-api
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 Wallhttp://www.dww.com/articles/us-supreme-court-holds-inter-partes-review-proceedings-as-constitutional
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 Wallhttp://www.dww.com/articles/canadian-patent-appeal-board-rejects-business-intelligence-system-as-unpatentable-subject
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 Wallhttp://www.dww.com/articles/us-cloud-act-enables-streamlined-process-for-law-enforcement-to-access-data-stored-outside
On March 7 2018, the Federal Court of Canada (FC) held that Kennedy Trust’s Canadian Patent No 2,261,630 (630 Patent) is valid and infringed by Hospira’s (Hospira) biosimilar infliximab which is marketed as INFLECTRA (Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research,
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-finds-new-use-infliximab-patent-valid-and-infringed-by-hospira
On September 21, 2017, the Certificate of Supplementary Protection Regulations (CSP Regulations) came into force in Canada. The CSP Regulations established a mechanism for drug manufacturers to obtain patent term extensions to account for marketing delays arising from the regulatory review time of a drug, up to a maximum of 2 years.
Deeth Williams Wallhttp://www.dww.com/articles/first-certificates-of-supplementary-protection-granted
Starting November 1 2018, companies governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), will be required to report data breaches to affected customers, third parties and the federal Privacy Commissioner. These companies in all provinces except Alberta, British Columbia and Québec, as well as federally-regulated businesses such as banks and telecommunications companies, will be covered by the upcoming data breach notification obligations.
Deeth Williams Wallhttp://www.dww.com/articles/pipeda%E2%80%99s-breach-of-notification-safeguards-come-into-force-november-1-2018
On March 22, 2018, the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act was introduced into the U.S. House of Representatives. The STRONGER Patents Act seeks to strengthen the United States’ patent system, and also to stem abusive demand letters sent in bad faith.
Deeth Williams Wallhttp://www.dww.com/articles/us-stronger-patents-act-bill-introduced-to-boost-us-patent-protection
On March 26, 2018, Daniel Therrien, Privacy Commissioner of Canada (the Commissioner), announced that his office has launched a formal investigation into allegations of data sharing by Facebook in a scandal that has shaken the trust of many of Facebook’s users.
Deeth Williams Wallhttp://www.dww.com/articles/privacy-commissioner-of-canada-to-investigate-facebook-wake-of-cambridge-analytica
On March 22, 2018, the Federal Court of Appeal (Court) published its decision in The Canadian Copyright Licensing Agency, Operating as Access Copyright v Canada, 2018 FCA 58, dismissing Access Copyright’s application for judicial review of a decision by th
Deeth Williams Wallhttp://www.dww.com/articles/access-copyright%E2%80%99s-application-for-judicial-review-dismissed