Canada Publishes Proposed Amendments to Regulations on Prices of Patented Medicines Canada Publishes Proposed Amendments to Regulations on Prices of Patented Medicines

Pharmaceutical Patent Litigation
December 14, 2017December 14, 20172017-12-13
On December 2, 2017, the Government of Canada published Regulations Amending the Patented Medicines Regulations (Proposed Amendments) to include new price regulatory factors that will help enable the Patented Medicine Prices Review Board (PMPRB) to protect Canadian consumers from excessive prices.
Deeth Williams Wall http://www.dww.com/articles/canada-publishes-proposed-amendments-to-regulations-on-prices-of-patented-medicines

Update: Keatley Surveying Seeks Leave to Appeal to Supreme Court of Canada Update: Keatley Surveying Seeks Leave to Appeal to Supreme Court of Canada

Trademark and Copyright Litigation
December 14, 2017December 14, 20172017-12-13
On November 27, 2017, Keatley Surveying Ltd (Keatley) sought leave to appeal the decision in Keatley Surveying Ltd v Teranet Inc, 2017 ONCA 748 to the Supreme Court of Canada (SCC).
Deeth Williams Wall http://www.dww.com/articles/update-keatley-surveying-files-for-leave-to-appeal-to-supreme-court-of-canada

FCC to Vote on Repeal of Net Neutrality Rules FCC to Vote on Repeal of Net Neutrality Rules

Information Technology
December 14, 2017December 14, 20172017-12-14
UPDATE: On Thursday, December 14, 2017, the FCC voted to dismantle the Net Neutrality regulations that have been in place since 2015. Under the new regime, the FCC will no longer regulate high-speed internet delivery as a Title II designation under the Communication Act. 
Deeth Williams Wall http://www.dww.com/articles/fcc-to-vote-on-repeal-of-net-neutrality-rules

R v Marakah: SCC Defends Reasonable Expectation of Privacy in Text Messages R v Marakah: SCC Defends Reasonable Expectation of Privacy in Text Messages

Privacy
December 14, 2017December 14, 20172017-12-13
On December 8, 2017, the Supreme Court of Canada (SCC) found that text messages that have been sent and received can, in some cases, attract a reasonable expectation of privacy according to s.
Deeth Williams Wall http://www.dww.com/articles/r-v-marakah-scc-defends-reasonable-expectation-of-privacy-text-messages

CASL Indemnity Ordered in Addition to Order to Disclose Customer Data CASL Indemnity Ordered in Addition to Order to Disclose Customer Data

Information Technology
December 14, 2017December 14, 20172017-12-13
On November 15, 2017, the Nova Scotia Utility and Review Board (the Board) ordered EfficiencyOne (E1) to provide Nova Scotia Power Inc.
Deeth Williams Wall http://www.dww.com/articles/casl-indemnity-ordered-addition-to-order-to-disclose-customer-data

Privacy Commissioner of Canada Submits Views on the Regulatory and Technical Issues Related to Connected and Automated Vehicles Privacy Commissioner of Canada Submits Views on the Regulatory and Technical Issues Related to Connected ...

Information Technology
December 14, 2017December 14, 20172017-12-13
On November 22, 2017, the Privacy Commissioner of Canada (the Commissioner) made submissions to the Senate Committee on Transport and Communications (the Committee) relating to the regulatory and technical issues associated with the deployment of connected and automated vehicles.
Deeth Williams Wall http://www.dww.com/articles/privacy-commissioner-of-canada-submits-views-on-regulatory-and-technical-issues-related-to

British Columbia Court of Appeal Overturns Interlocutory Injunction against Aquarium Documentary British Columbia Court of Appeal Overturns Interlocutory Injunction against Aquarium Documentary

Copyright
November 29, 2017November 29, 20172017-11-29
On November 15, 2017, the British Columbia Court of Appeal (BCCA) overturned an interlocutory injunction granted by a lower court involving a documentary film called “Vancouver Aquarium Uncovered” (Vancouver Aquarium Marine Science Centre v Charbonneau, 2017 BCA 395).
Deeth Williams Wall http://www.dww.com/articles/british-columbia-court-of-appeal-overturns-interlocutory-injunction-against-aquarium

Canadian Patent Appeal Board Rejects Cost Calculating Tool as Unpatentable Subject Matter Canadian Patent Appeal Board Rejects Cost Calculating Tool as Unpatentable Subject Matter

Patent
November 29, 2017November 29, 20172017-11-29
On November 2, 2017, the Canadian Patent Appeal Board (PAB), in decision number 1431 regarding Canadian patent application number 2,440,173
Deeth Williams Wall http://www.dww.com/articles/canadian-patent-appeal-board-rejects-cost-calculating-tool-as-unpatentable-subject-matter

Austria’s Supreme Court Tells The Pirate Bay to Walk the Plank Austria’s Supreme Court Tells The Pirate Bay to Walk the Plank

Copyright
November 29, 2017November 29, 20172017-11-29
Austria’s Supreme Court has
Deeth Williams Wall http://www.dww.com/articles/austria%E2%80%99s-supreme-court-tells-pirate-bay-to-walk-plank

Federal Court of Appeal Allows Appeal in Trademark Infringement Application by Swiss Army Knife Company Federal Court of Appeal Allows Appeal in Trademark Infringement Application by Swiss Army Knife Company

Trademark
November 29, 2017November 29, 20172017-11-29
In Group II International Ltd v Travelway Group International Ltd (2017 FCA 215), the Canadian Federal Court of Appeal (FCA) allowed an appeal from the Federal Court, finding that the defendant’s marks were likely to be confused with th
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-allows-appeal-trademark-infringement-application-by-swiss-army

Federal Court Finds No Confusion Between Inherently Non-Distinctive Trademarks Federal Court Finds No Confusion Between Inherently Non-Distinctive Trademarks

Trademark
November 29, 2017November 29, 20172017-11-29
On October 10, 2017, the Federal Court of Canada (FC), in EAB Tool Company Inc v Norske Tools Ltd, 2017 FC 898, dismissed an application brought by EAB against Norske for infringement of EAB’s trademark registrations for EXCHANGE-A-BLADE, passing-off
Deeth Williams Wall http://www.dww.com/articles/federal-court-finds-no-confusion-between-inherently-nondistinctive-trademarks

Google Moves to Permanently Prohibit Enforcement of SCC Order Google Moves to Permanently Prohibit Enforcement of SCC Order

Information Technology
November 29, 2017November 29, 20172017-11-29
In June 2017, the Supreme Court of Canada (SCC) released its landmark decision in Google Inc v Equustek Solutions Inc, (2017 SCC 34). The decision upheld the lower cou
Deeth Williams Wall http://www.dww.com/articles/google-moves-to-permanently-prohibit-enforcement-of-scc-order

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