On July 24, 2017, Google Inc. filed a suit in the US District Court for the Northern District of California, seeking to block enforcement in the US of the worldwide interlocutory injunction (the “Canadian Order”) that was recently upheld by the Supreme Court of Canada. The Internet giant, asserting its role as an “innocent bystander”, claims in its suit that the Canadian Order limits the information an American company (i.e.
Deeth Williams Wallhttp://www.dww.com/articles/update-google-challenges-enforcement-of-canadas-worldwide-injunction-a-us-district-court
The Government of Canada has published substantive amendments to the Patent Rules for public consultation. The public consultation will be available until September 8, 2017. Publication in the Canada Gazette, Part I is expected to take place in early 2018, with publication in Part II in late 2018. If this schedule is adhered to, the amended Rules could come into force as early as 2019.
Proposed changes include:
Deeth Williams Wallhttp://www.dww.com/articles/proposed-patent-rules-amendments-announced
On July 14, 2017, Health Canada released the Therapeutic Products Directorate Statistical Report 2016/2017 for the Patented Medicines (Notice of Compliance) Regulations and Data Protection (the Report). The Report provides a statistical overview of Health Canada’s administration of the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) R
Deeth Williams Wallhttp://www.dww.com/articles/health-canada-releases-therapeutic-products-directorate-statistical-report-20162017
On June 15, 2017, the Trademarks Opposition Board (the Board) issued its decision in Western Water Farms & Gardens Inc v 378715 BC Ltd, 2017 TMOB 71, an opposition to the registration of the trademark NUTRILIFE and Design (the Mark). The main issue in this proceeding was the ownership of the Drip Man Design, which was included as a portion of the Mark.
Deeth Williams Wallhttp://www.dww.com/articles/trademarks-opposition-board-rejects-opposition-to-drip-man-design-registration
Two recent decisions under the Canadian Internet Registration Authority (CIRA) Domain Name Dispute Resolution Policy (CDRP) demonstrated that a claimant is not prevented from obtaining the transfer of a Canadian domain name by virtue of receiving an initial unfavourable decision in respect of the domain name.
Deeth Williams Wallhttp://www.dww.com/articles/unfavourable-cdrp-decision-not-determinative-of-future-attempts-to-obtain-transfer-of
On June 23, 2017, the Federal Court held that the defendant, Dr Jeremy Cooperstock, had infringed United Airlines’ trademarks and copyright on his complaint website, Untied.com, which published consumer complaints against the plaintiff, United Airlines (Reasons for Judgment: 2017 FC 616
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-rules-complaint-website-infringes-trademarks-and-copyright
On July 6, 2017 the UK became the ninth Country to agree to the Protocol on Provisional Application (PPA), which is an essential step towards formation of the UPC. The PPA allows for a provisional application phase prior to the UPC Agreement itself coming fully into force.
Deeth Williams Wallhttp://www.dww.com/articles/uk-steps-toward-unitary-patent-up-and-unified-patent-court-upc
On June 30, 2017, in AstraZeneca Canada Inc v Apotex Inc (AstraZeneca, 2017 SCC 36), the Supreme Court of Canada (SCC) rejected the Promise Doctrine as the correct approach to determine patent utility.
Deeth Williams Wallhttp://www.dww.com/articles/supreme-court-of-canada-rejects-%E2%80%9Cpromise-doctrine%E2%80%9D-when-determining-patent-utility
On June 28, 2017, in Google In. v Equustek Solutions Inc (2017 SCC 34), the Supreme Court of Canada (SCC) upheld a worldwide interlocutory injunction ordering Google to de-index its search engine results of several websites used to sell infringing products that violated Equustek’s intellectual property rights.
Deeth Williams Wallhttp://www.dww.com/articles/internet-has-no-borders-supreme-court-of-canada-upholds-worldwide-interlocutory-injunction
On June 23, 2017, the Supreme Court of Canada (SCC) released its decision in Douez v Facebook, Inc, 2017 SCC 33, refusing to enforce the forum selection clause contained in Facebook Inc’s (Facebook) terms of service. As pr
Deeth Williams Wallhttp://www.dww.com/articles/supreme-court-of-canada-considers-enforceability-of-forum-selection-clause-douez-v
On July 5, 2017, the Federal Court of Canada (FC) issued a Supplemental Judgement and Reasons (2017 FC 637) to decide issues concerning the quantum of damages and profits payable Nova Chemicals Corporation (Nova) to Dow Chemical Company (Dow) in respect of an earlier patent infringement finding.
Deeth Williams Wallhttp://www.dww.com/articles/dow-chemical-awarded-cad645m-patent-infringement-case-against-nova-chemical