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 http://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 http://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 http://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 http://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 http://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 http://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 http://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 http://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 http://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 http://www.dww.com/articles/us-cloud-act-enables-streamlined-process-for-law-enforcement-to-access-data-stored-outside

Federal Court Finds New Use Infliximab Patent Valid and Infringed by Hospira Federal Court Finds New Use Infliximab Patent Valid and Infringed by Hospira

Pharmaceutical Patent Litigation
April 18, 2018April 18, 20182018-04-18
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 Wall http://www.dww.com/articles/federal-court-finds-new-use-infliximab-patent-valid-and-infringed-by-hospira

First Certificates of Supplementary Protection Granted First Certificates of Supplementary Protection Granted

Regulatory Law
April 18, 2018April 18, 20182018-04-18
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 Wall http://www.dww.com/articles/first-certificates-of-supplementary-protection-granted

Google Fails in Bid to Vary or Set Aside Injunction in Google Equustek Row Google Fails in Bid to Vary or Set Aside Injunction in Google Equustek Row

Information Technology
April 18, 2018April 18, 20182018-04-18
On April 16, 2018, the Supreme Court of British Columbia (BCSC)  in 2018 BCSC 610 dismissed Google’s applicati
Deeth Williams Wall http://www.dww.com/articles/google-fails-bid-to-vary-or-set-aside-injunction-google-equustek-row

Federal Court Considers Motion Under Recently Amended PM(NOC) Regulations Federal Court Considers Motion Under Recently Amended PM(NOC) Regulations

Patent
April 18, 2018April 18, 20182018-04-18
On March 15, 2018, in Genentech Inc v Amgen Canada Inc, 2018 FC 303, the Federal Court  of Can
Deeth Williams Wall http://www.dww.com/articles/federal-court-considers-motion-under-recently-amended-pmnoc-regulations

PIPEDA’s Breach Notification Safeguards Come into Force November 1, 2018 PIPEDA’s Breach Notification Safeguards Come into Force November 1, 2018

Information Technology
April 18, 2018April 18, 20182018-04-19
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 Wall http://www.dww.com/articles/pipeda%E2%80%99s-breach-of-notification-safeguards-come-into-force-november-1-2018

U.S. STRONGER Patents Act Bill Introduced to Boost U.S. Patent Protection U.S. STRONGER Patents Act Bill Introduced to Boost U.S. Patent Protection

Patent
April 3, 2018April 3, 20182018-04-04
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 Wall http://www.dww.com/articles/us-stronger-patents-act-bill-introduced-to-boost-us-patent-protection

Federal Court Sets Aside Transfer of Trademark Requested in the Course of an Undisclosed Contractual Dispute Federal Court Sets Aside Transfer of Trademark Requested in the Course of an Undisclosed Contractual Disp...

Trademark
April 3, 2018April 3, 20182018-04-04
On March 20, 2018, the Federal Court of Canada (the Court) set aside the Registrar of Trademarks’ transfer of Registration No.
Deeth Williams Wall http://www.dww.com/articles/federal-court-sets-aside-transfer-of-trademark-requested-course-of-an-undisclosed

Privacy Commissioner of Canada to Investigate Facebook in Wake of Cambridge Analytica Allegations Privacy Commissioner of Canada to Investigate Facebook in Wake of Cambridge Analytica Allegations

Privacy
April 3, 2018April 3, 20182018-04-04
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 Wall http://www.dww.com/articles/privacy-commissioner-of-canada-to-investigate-facebook-wake-of-cambridge-analytica

Access Copyright’s Application for Judicial Review Dismissed Access Copyright’s Application for Judicial Review Dismissed

Copyright
April 3, 2018April 3, 20182018-04-04
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 Wall http://www.dww.com/articles/access-copyright%E2%80%99s-application-for-judicial-review-dismissed