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
Patent
October 4, 2017October 4, 20172017-10-04
Due to the coming into force of the majority of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (“CETA Implementation”) on September 21, 2017, the Canadian Government and the Federal Court have released various guidance documen
Deeth Williams Wall http://www.dww.com/articles/ceta-implementation-guidance-documents-and-notices-released-to-address-amendments-to-pmnoc

Canadian Border Services Agency Introduces Reporting Mechanism for Dangerous Counterfeit Goods Canadian Border Services Agency Introduces Reporting Mechanism for Dangerous Counterfeit Goods

Trademark
October 4, 2017October 4, 20172017-10-04
On September 13, 2017, the Canada Border Services Agency (CBSA) published Customs Notice 17-27 on reporting shipments of dangerous counterfeit or pirated goods.
Deeth Williams Wall http://www.dww.com/articles/canadian-border-services-agency-introduces-reporting-mechanism-for-dangerous-counterfeit

Quebec Court Refuses to Reject Action based on Unauthorized Use of HALLOUMI with Cheese Quebec Court Refuses to Reject Action based on Unauthorized Use of HALLOUMI with Cheese

Trademark and Copyright Litigation
September 20, 2017September 20, 20172017-09-20
In Ministry of Energy and Tourism of the Republic of Cyprus v 3878422 Canada Inc. (2017 QCCS 3803), the Superior Court of Quebec (the Court) refused to dismiss an action based on the unauthorized use of HALLOUMI and HALOMI with cheese.
Deeth Williams Wall http://www.dww.com/articles/quebec-court-refuses-to-reject-action-based-on-unauthorized-use-of-halloumi-cheese

CETA Implementation Act Comes Into Force on September 21, 2017 CETA Implementation Act Comes Into Force on September 21, 2017

Pharmaceutical Patent Litigation
September 20, 2017September 20, 20172017-09-20
On August 31, 2017, by Orders in Council, the Government of Canada announced that the majority of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act will come into force on September 21, 2017. The provisions that will come into force include:
Deeth Williams Wall http://www.dww.com/articles/ceta-implementation-act-comes-into-force-on-september-21-2017

Federal Court Rejects Apotex’s Non-Infringing Alternatives in Omeprazole Profits Reference Federal Court Rejects Apotex’s Non-Infringing Alternatives in Omeprazole Profits Reference

Pharmaceutical Patent Litigation
September 20, 2017September 20, 20172017-09-20
The Federal Court (FC) recently issued its Public Judgment and Reasons regarding the financial compensation to be paid by Apotex as a result of Apotex’s infringement of AstraZeneca’s Canadian omeprazole formulation patent in AstraZeneca v Apotex Inc, 2017 FC 726.
Deeth Williams Wall http://www.dww.com/articles/federal-court-rejects-apotex%E2%80%99s-noninfringing-alternatives-omeprazole-profits-reference

Proposed Breach of Security Safeguards Regulations Released Proposed Breach of Security Safeguards Regulations Released

Information Technology
September 20, 2017September 20, 20172017-09-20
On June 18, 2015, the Digital Privacy Act (Bill S-4) amended Canada’s private sector privacy law, the Personal Information Protection and Electronic Doc
Deeth Williams Wall http://www.dww.com/articles/proposed-breach-of-security-safeguards-regulations-released

Federal Court of Appeal Denies CarGurus’ Appeal from Competition Tribunal Federal Court of Appeal Denies CarGurus’ Appeal from Competition Tribunal

Copyright
September 20, 2017September 20, 20172017-09-20
On May 24, 2017, the Federal Court of Appeal (FCA) issued its decision in Cargurus Inc v Trader Corporation (2017 FCA 181).
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-denies-cargurus%E2%80%99-appeal-from-competition-tribunal

Privacy Commissioner of Canada Responds to Equifax Data Breach Privacy Commissioner of Canada Responds to Equifax Data Breach

Information Technology
September 20, 2017September 20, 20172017-09-20
On September 7, 2017, Equifax, a provider of consumer credit reports, reported that it had experienced a data breach affecting the personal information for as many as 143 million people located in or having dealings with the US.
Deeth Williams Wall http://www.dww.com/articles/privacy-commissioner-of-canada-responds-to-equifax-data-breach

Ontario Superior Court of Justice Enjoins Software Licensor From Shutting Down Website Ontario Superior Court of Justice Enjoins Software Licensor From Shutting Down Website

Information Technology
September 6, 2017September 6, 20172017-09-06
On August 11, 2017, the Ontario Superior Court of Justice (Court) issued its decision in Propurchaser.com v Wifidelity Inc (2017 ONSC 4905) enjoining the defendants, Wifidelity
Deeth Williams Wall http://www.dww.com/articles/ontario-superior-court-of-justice-enjoins-software-licensor-from-shutting-down-website

Copyright Board Releases Decision on Scope of Making Available Right under the Copyright Act Copyright Board Releases Decision on Scope of Making Available Right under the Copyright Act

Copyright
September 6, 2017September 6, 20172017-09-06
On August 25, 2017, the Canadian Copyright Board released its decision on the scope of subsection 2.4(1.1) of the Copyright Act, which includes mak
Deeth Williams Wall http://www.dww.com/articles/copyright-board-releases-decision-on-scope-of-making-available-right-under-copyright-act

Federal Court Refuses to Strike Otsuka’s Aripiprazole Patent Infringement Action as Being Quia Timet Federal Court Refuses to Strike Otsuka’s Aripiprazole Patent Infringement Action as Being Quia Timet

Patent Litigation
September 6, 2017September 6, 20172017-09-06
By an Order dated June 15, 2017, the Federal Court (FC) dismissed Apotex’s motion seeking to strike a patent infringement action brought by Otsu
Deeth Williams Wall http://www.dww.com/articles/federal-court-refuses-to-strike-otsuka%E2%80%99s-aripiprazole-patent-infringement-action-as-being

Canadian Securities Administrators Release Staff Notice on Cryptocurrency Offerings Canadian Securities Administrators Release Staff Notice on Cryptocurrency Offerings

Regulatory Law
September 6, 2017September 6, 20172017-09-06
On August 24, 2017, the Canadian Securities Administrators (CSA) released a staff notice on cryptocurrency offerings that sets out the CSA’s view on initial coin and token offerings, cryptocurrency exchanges (online exchanges that allow individuals to buy and sell cryptocurrencies using fiat currency or other cryptocurrencies), and cryptocurrency investment funds (investment funds set up to invest in
Deeth Williams Wall http://www.dww.com/articles/canadian-securities-administrators-release-staff-notice-on-cryptocurrency-offerings

US Federal Circuit Considers Boundaries of Eligible Patent Subject Matter in Cache Memory Patent Case US Federal Circuit Considers Boundaries of Eligible Patent Subject Matter in Cache Memory Patent Case

Patent Litigation
September 6, 2017September 6, 20172017-09-06
On August 15, 2017, the US Court of Appeals for the Federal Circuit (CAFC) released its decision in
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-considers-boundaries-of-eligible-patent-subject-matter-cache-memory

Critical Commentary Video Found to be Fair Use Critical Commentary Video Found to be Fair Use

Copyright
September 6, 2017September 6, 20172017-09-06
In Matt Hosseinzadeh v. Ethan Klein and Hila Klein, the US District Court of the Southern District of New York (Court) found that a video of critical commentary of a creative video posted on YouTube constituted fair dealing.
Deeth Williams Wall http://www.dww.com/articles/critical-commentary-video-found-to-be-fair-use

Federal Court Finds that Use of AT&T Services by Customers Roaming in Canada Constitutes “Use” Under the Trademarks Act Federal Court Finds that Use of AT&T Services by Customers Roaming in Canada Constitutes “Use” Under the ...

Trademark
August 23, 2017August 23, 20172017-08-28
In AT&T Intellectual Property II, LP v LeCourts, Hébert Avocats Inc (2017 FC 734), the Federal Court of Canada (FC) allowed AT&T’s appeal from a decision of the Registrar which expunged i
Deeth Williams Wall http://www.dww.com/articles/federal-court-finds-use-of-att-services-by-customers-roaming-canada-constitutes-%E2%80%9Cuse%E2%80%9D

Federal Court of Appeal Affirms TMOB’s Refusal to Register U-Haul’s Marks Federal Court of Appeal Affirms TMOB’s Refusal to Register U-Haul’s Marks

Trademark
August 23, 2017August 23, 20172017-08-29
On August 15, 2017, in U-Haul International Inc.
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-affirms-tmob%E2%80%99s-refusal-to-register-uhaul%E2%80%99s-marks

Canada’s Federal Court Awards Costs of Almost $4.4 Million for Remedies Phase of Patent Infringement Action Canada’s Federal Court Awards Costs of Almost $4.4 Million for Remedies Phase of Patent Infringement Acti...

Patent Litigation
August 23, 2017August 23, 20172017-08-29
On August 8, 2017, the Federal Court of Canada (FC) awarded costs totalling almost $4.4 million to Dow Chemical Company (Dow) for the remedies phase of a patent infringement action in Dow Chemical Company v Nova Chemicals Corporation (2017 FC 759
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-federal-court-awards-costs-of-almost-44-million-for-remedies-phase-of-patent