Ontario Court of Appeal Recognizes Reasonable Expectation of Privacy in Energy Consumption Data Ontario Court of Appeal Recognizes Reasonable Expectation of Privacy in Energy Consumption Data

Privacy
August 23, 2017August 23, 20172017-08-29
In R v Orlandis-Hansburgo (2017 ONCA 649), the Ontario Court of Appeal (ONCA) held that a reasonable expectation of privacy existed in energy consumption data capable of sup
Deeth Williams Wall http://www.dww.com/articles/ontario-court-of-appeal-recognizes-reasonable-expectation-of-privacy-energy-consumption

European Patent Office Disallows Patents for Plants and Animals Obtained from Essentially Biological Processes European Patent Office Disallows Patents for Plants and Animals Obtained from Essentially Biological Proc...

Patent
August 23, 2017August 23, 20172017-08-29
Starting on July 1, 2017, plants and animals obtained from essentially biological processes will no longer be patentable before the European Patent Office (EPO).
Deeth Williams Wall http://www.dww.com/articles/european-patent-office-disallows-patents-for-plants-and-animals-obtained-from-essentially

Federal Court Refuses to Set Aside Default Judgment for Copyright and Trademark Infringement Federal Court Refuses to Set Aside Default Judgment for Copyright and Trademark Infringement

Trademark and Copyright Litigation
August 23, 2017August 23, 20172017-08-28
On July 25, 2017, the Federal Court of Canada issued its decision in Benchmuel v Gags N Giggles (2017 FC 734), refusing to set aside a default judgment for copyright and tr
Deeth Williams Wall http://www.dww.com/articles/federal-court-refuses-to-set-aside-default-judgment-for-copyright-and-trademark

Update: Google Challenges Enforcement of Canada's Worldwide Injunction in a US District Court Update: Google Challenges Enforcement of Canada's Worldwide Injunction in a US District Court

Information Technology
August 9, 2017August 9, 20172017-08-09
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 Wall http://www.dww.com/articles/update-google-challenges-enforcement-of-canadas-worldwide-injunction-a-us-district-court

Proposed Patent Rules Amendments Announced Proposed Patent Rules Amendments Announced

Patent
August 9, 2017August 9, 20172017-08-09
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 Wall http://www.dww.com/articles/proposed-patent-rules-amendments-announced

Federal Court of Appeal Affirms Invalidity of Idenix’s Hepatitis C Drug Patent Federal Court of Appeal Affirms Invalidity of Idenix’s Hepatitis C Drug Patent

Pharmaceutical Patent Litigation
August 9, 2017August 9, 20172017-08-09
On July 24, 2017, in Idenix Pharmaceuticals, Inc v Gilead Pharmasset LLC (
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-affirms-invalidity-of-idenix%E2%80%99s-hepatitis-c-drug-patent

Health Canada Releases Therapeutic Products Directorate Statistical Report 2016/2017 Health Canada Releases Therapeutic Products Directorate Statistical Report 2016/2017

Pharmaceutical Patent Litigation
August 9, 2017August 9, 20172017-08-09
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 Wall http://www.dww.com/articles/health-canada-releases-therapeutic-products-directorate-statistical-report-20162017

Trademarks Opposition Board Rejects Opposition to Drip Man Design Registration Trademarks Opposition Board Rejects Opposition to Drip Man Design Registration

Trademark
August 9, 2017August 9, 20172017-08-09
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 Wall http://www.dww.com/articles/trademarks-opposition-board-rejects-opposition-to-drip-man-design-registration

US Federal Circuit Affirms Patent Unenforceability due to Inequitable Conduct US Federal Circuit Affirms Patent Unenforceability due to Inequitable Conduct

Patent Litigation
August 9, 2017August 9, 20172017-08-09
On July 27, 2017, in Regeneron Pharmaceuticals, Inc v Merus NV, the United States Court of Appeals for the Federal Cir
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-affirms-patent-unenforceability-due-to-inequitable-conduct

Unfavourable CDRP Decision Not Determinative of Future Attempts to Obtain Transfers of Canadian Domain Names Unfavourable CDRP Decision Not Determinative of Future Attempts to Obtain Transfers of Canadian Domain Na...

Domain Names
August 9, 2017August 9, 20172017-08-09
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 Wall http://www.dww.com/articles/unfavourable-cdrp-decision-not-determinative-of-future-attempts-to-obtain-transfer-of

Federal Court Releases Major Decision on Mandatory Tariffs and Fair Dealing Under the Copyright Act Federal Court Releases Major Decision on Mandatory Tariffs and Fair Dealing Under the Copyright Act

Trademark and Copyright Litigation
July 26, 2017July 26, 20172017-07-26
On July 12, 2017, the Federal Court released its decision in The Canadian Copyright Licensing Agency (“Access Copyright”) v York University, 2017 FC 669.
Deeth Williams Wall http://www.dww.com/articles/federal-court-releases-major-decision-on-mandatory-tariffs-and-fair-dealing-under

Federal Court Rules that Complaint Website Infringes Trademarks and Copyright Federal Court Rules that Complaint Website Infringes Trademarks and Copyright

Trademark and Copyright Litigation
July 26, 2017July 26, 20172017-07-26
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 Wall http://www.dww.com/articles/federal-court-rules-complaint-website-infringes-trademarks-and-copyright

Mandatory Reporting of Privacy Breaches to Ontario’s Information and Privacy Commissioner to Take Effect Under the Personal Health Information Protection Act Mandatory Reporting of Privacy Breaches to Ontario’s Information and Privacy Commissioner to Take Effect ...

Privacy
July 26, 2017July 26, 20172017-07-26
In June 2017, the Ontario government published its amended Regulations to the Personal Health Information Protection Act
Deeth Williams Wall http://www.dww.com/articles/mandatory-reporting-of-privacy-breaches-to-ontario%E2%80%99s-information-and-privacy-commissioner

UK Supreme Court Adopts Doctrine of Equivalents for Patent Infringement UK Supreme Court Adopts Doctrine of Equivalents for Patent Infringement

Patent Litigation
July 26, 2017July 26, 20172017-07-26
On July 12, 2017, in Actavis UK Limited v Eli Lilly ([2017] UKSC 48) the UK Supreme Court adopted the doctrine of equivalents for patent infringement.
Deeth Williams Wall http://www.dww.com/articles/uk-supreme-court-adopts-doctrine-of-equivalents-for-patent-infringement

UK Steps Toward Unitary Patent (UP) and Unified Patent Court (UPC) UK Steps Toward Unitary Patent (UP) and Unified Patent Court (UPC)

Patent
July 26, 2017July 26, 20172017-07-26
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 Wall http://www.dww.com/articles/uk-steps-toward-unitary-patent-up-and-unified-patent-court-upc

Canadian Food Inspection Agency Proposes Changes to the Beer Standard Canadian Food Inspection Agency Proposes Changes to the Beer Standard

Regulatory Law
July 26, 2017July 26, 20172017-07-26
On June 17, 2017, the Canadian Food Inspection Agency (CFIA) published a Notice of Intent to amend the Food and Drug Regulations to update the b
Deeth Williams Wall http://www.dww.com/articles/canadian-food-inspection-agency-proposes-changes-to-beer-standard

Ten “Must-Knows” about Proposed Amendments to Canada’s Pharmaceutical Patent Linkage Regulations Ten “Must-Knows” about Proposed Amendments to Canada’s Pharmaceutical Patent Linkage Regulations

Pharmaceutical Patent Litigation
July 24, 2017July 24, 20172017-07-24
Ten “Must-Knows” about Proposed Amendments to Canada’s Pharmaceutical Patent Linkage Regulations
Deeth Williams Wall http://www.dww.com/articles/ten-%E2%80%9Cmustknows%E2%80%9D-about-proposed-amendments-to-canada%E2%80%99s-pharmaceutical-patent-linkage

Supreme Court of Canada Rejects “Promise Doctrine” When Determining Patent Utility Supreme Court of Canada Rejects “Promise Doctrine” When Determining Patent Utility

Patent
July 12, 2017July 12, 20172017-07-13
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 Wall http://www.dww.com/articles/supreme-court-of-canada-rejects-%E2%80%9Cpromise-doctrine%E2%80%9D-when-determining-patent-utility

The Internet Has No Borders: Supreme Court of Canada Upholds Worldwide Interlocutory Injunction Against Google The Internet Has No Borders: Supreme Court of Canada Upholds Worldwide Interlocutory Injunction Against G...

Information Technology
July 12, 2017July 12, 20172017-07-12
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 Wall http://www.dww.com/articles/internet-has-no-borders-supreme-court-of-canada-upholds-worldwide-interlocutory-injunction