Provisional Application of CETA Set for September 21, 2017 Provisional Application of CETA Set for September 21, 2017

Pharmaceutical Patent Litigation
July 12, 2017July 12, 20172017-07-12
On July 8, 2017, the Prime Minister of Canada and the President of the European Commission issued a joint statement setting September 21, 2017 as the new provisional application date for the Comprehensive Economic and Trade Agreement
Deeth Williams Wall http://www.dww.com/articles/provisional-application-of-ceta-set-for-september-21-2017

Canadian Intellectual Property Office Publishes Draft Trademark and Industrial Design Regulations Canadian Intellectual Property Office Publishes Draft Trademark and Industrial Design Regulations

Trademark
June 28, 2017June 28, 20172017-06-28
On June 19, 2017, the Canadian Intellectual Property Office (the Office) published draft regulations under the Trade-marks Act and the Industrial Design Act for consultation with the public. The draft regulations implement various legislative amendments passed in 2014 and 2015. The amendments constitute significant changes to Canadian practice, including the implementation of the international requests for trademark and industrial design protection under the Madrid Protocol and the Hague Agreement.
Deeth Williams Wall http://www.dww.com/articles/canadian-intellectual-property-office-publishes-draft-trademark-and-industrial-design

Government of Canada Announces Consultations for the Renegotiation of the North American Free Trade Agreement Government of Canada Announces Consultations for the Renegotiation of the North American Free Trade Agree...

Intellectual Property
June 28, 2017June 28, 20172017-06-28
On June 3, 2017, the Government of Canada announced the commencement of consultations for the renegotiation and modernization of the North American Free Trade Agreement (NAFTA), and invited concerned parties to make written submissions by July 18, 2017.
Deeth Williams Wall http://www.dww.com/articles/government-of-canada-announces-consultations-for-renegotiation-of-north-american-free

Supreme Court of the United States Finds Prohibition on Registration of Offensive Names Unconstitutional Supreme Court of the United States Finds Prohibition on Registration of Offensive Names Unconstitutional

Trademark
June 28, 2017June 28, 20172017-06-28
In Matal v Tam, the Supreme Court of the United States (the Court) unanimously found that section 2(a) of the Lanham Act was unconstitutional for violating a person’s First Amendment rights under the US Constitution. 
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-united-states-finds-prohibition-on-registration-of-offensive-names

Captain Morgan Sails Away with the Treasure in Trademark Infringement Case Captain Morgan Sails Away with the Treasure in Trademark Infringement Case

Trademark
June 28, 2017June 28, 20172017-06-28
On June 12, 2017, the Federal Court (the Court) issued its judgment in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571, a passing off and trademark infringement action. In this case, the Court awarded Diageo Canada Inc. (Diageo) costs, damages and a permanent injunction restraining Heaven Hill Distilleries Inc. et al (Heaven Hill) from using the Admiral Nelson’s character and labels in Canada, an example of which is shown below. 
Deeth Williams Wall http://www.dww.com/articles/captain-morgan-sails-away-treasure-trademark-infringement-case

US District Court Dismisses Copyright Infringement Suit Against Drake Based on Finding of Fair Use US District Court Dismisses Copyright Infringement Suit Against Drake Based on Finding of Fair Use

Copyright
June 28, 2017June 28, 20172017-06-28
On May 30th, 2017, the United States District Court for the Southern District of New York (the Court) granted the defendant’s motion for summary judgment in Estate of James Oscar Smith v Cash Money Records, Inc. In its decision, the Court found that the song "Pound Cake/Paris Morton Music 2", released in 2013 by Aubrey Drake Graham (Drake), fairly sampled the 1982 spoken-word recording of jazz musician James Oscar Smith (Jimmy Smith), entitled "Jimmy Smith Ra
Deeth Williams Wall http://www.dww.com/articles/us-district-court-dismisses-copyright-infringement-suit-against-drake-based-on-finding-of

Federal Court Dismisses Patent Infringement Action Due to Speculative Statement of Claim Federal Court Dismisses Patent Infringement Action Due to Speculative Statement of Claim

Patent Litigation
June 28, 2017June 28, 20172017-06-28
On June 12, 2017, the Federal Court (the Court) ordered that the plaintiff’s amended statement of claim be struck, and that the patent infringement action be dismissed, on the basis that the claim disclosed no reasonable cause of action and was an abuse of process (Mostar Directional Technologies Inc v Drill-Tek Corporation, 2017 FC 575).
Deeth Williams Wall http://www.dww.com/articles/federal-court-dismisses-patent-infringement-action-due-to-speculative-statement-of-claim

US Supreme Court Holds Patent Exhaustion Applies to Both Domestic and International Sales US Supreme Court Holds Patent Exhaustion Applies to Both Domestic and International Sales

Patent
June 14, 2017June 14, 20172017-06-14
On May 30, 2017, in Impression Products, Inc v Lexmark International, Inc, the United States Supreme Court held that “a patentee’s decision to sell a product exhausts all of its patent rights in th
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-holds-patent-exhaustion-applies-to-both-domestic-and-international-sales

Federal Court Reaffirms Venlafaxine Section 8 Damages on Remand Federal Court Reaffirms Venlafaxine Section 8 Damages on Remand

Patent
June 14, 2017June 14, 20172017-06-14
On May 26, 2017, the Federal Court held that Teva was entitled to section 8 damages, in a redetermination of its previous trial decision (Teva Canada Limited v Pfizer Canada Inc, 2017 FC 526).
Deeth Williams Wall http://www.dww.com/articles/federal-court-reaffirms-venlafaxine-section-8-damages-on-remand

Ontario Court of Appeal Dismissed Appeal from Non-Infringement Finding of a US Patent Ontario Court of Appeal Dismissed Appeal from Non-Infringement Finding of a US Patent

Patent
June 14, 2017June 14, 20172017-06-14
On May 24, 2017, in OrthoArm Incorporated v GAC International LLC, 2017 ONCA 418, the Ontario Court of Appeal dismissed an appeal of the trial judge’s finding of non-infringement of a US patent
Deeth Williams Wall http://www.dww.com/articles/ontario-court-of-appeal-dismissed-appeal-from-noninfringement-finding-of-a-us-patent

International Organization for Standardization Holds First Meeting for the Blockchain Technical Committee International Organization for Standardization Holds First Meeting for the Blockchain Technical Committee...

Information Technology
June 14, 2017June 14, 20172017-06-14
The International Organization for Standardization (ISO) recently reported on its first meeting for the newly created technical committee for standardization of blockchain and distributed ledger t
Deeth Williams Wall http://www.dww.com/articles/international-organization-for-standardization-holds-first-meeting-for-blockchain

Update: Commencement of European Unified Patent Court Delayed Update: Commencement of European Unified Patent Court Delayed

Patent
June 14, 2017June 14, 20172017-06-14
The December 2017 target date for the entry into operation of the European Unified Patent Court (UPC) has been delayed, according to an update recently published on the UPC’s website.
Deeth Williams Wall http://www.dww.com/articles/update-commencement-of-european-unified-patent-court-delayed

Ontario Proposes Changes to Employment Standards Act Ontario Proposes Changes to Employment Standards Act

Technology Contracting
June 14, 2017June 14, 20172017-06-14
On June 1, 2017, the Government of Ontario tabled Bill 148, entitled “An Act to amend the Employment Standards Act, 2000 and the Labour Relations Act, 1995 and to make related amendments to othe
Deeth Williams Wall http://www.dww.com/articles/ontario-proposes-changes-to-employment-standards-act

Internet Service Providers Cannot Charge Copyright Owners Fees for Discharging Their Legislative Obligations under the Notice and Notice Regime Internet Service Providers Cannot Charge Copyright Owners Fees for Discharging Their Legislative Obligati...

Information Technology
May 31, 2017May 31, 20172017-05-31
On May 9, 2017, in Voltage Pictures, LLC v John Doe, 2017 FCA 97, the Canadian Federal Court of Appeal (FCA) granted an appeal from the Federal Court’s decision (
Deeth Williams Wall http://www.dww.com/articles/internet-service-providers-cannot-charge-copyright-owners-fees-for-discharging-their

Health Canada Issues Three Key Notices to Drug Sponsors Health Canada Issues Three Key Notices to Drug Sponsors

Food and Drug
May 31, 2017May 31, 20172017-05-31
Health Canada has recently issued three notices for drug sponsors that relate to the Intellectual Property (“IP”) Hold letters, mandatory filing of some regulatory activities in Electronic Common Technical Document (eCTD) format and updates to the Guidance Document on data protection of “innovative drugs”, respectively. A summary of each of these notices are provided below:
Deeth Williams Wall http://www.dww.com/articles/health-canada-issues-three-key-notices-to-drug-sponsors

US Supreme Court Rejects Federal Circuit’s Broader Interpretation of Venue in Patent Infringement Cases against Domestic Corporations US Supreme Court Rejects Federal Circuit’s Broader Interpretation of Venue in Patent Infringement Cases a...

Patent
May 31, 2017May 31, 20172017-05-31
On May 22, 2017, the U.S. Supreme Court rejected the Federal Circuit’s broader interpretation of 28 U.S.C.
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-rejects-federal-circuit%E2%80%99s-broader-interpretation-of-venue-patent

FCA Overturns Mandamus Order against Health Canada FCA Overturns Mandamus Order against Health Canada

Natural Health Products
May 31, 2017May 31, 20172017-05-31
On May 15, 2017, the Federal Court of Appeal (FCA) overturned a mandamus order requiring Health Canada (HC) to issue a Natural Health Product (NHP) Licence.
Deeth Williams Wall http://www.dww.com/articles/fca-overturns-mandamus-order-against-health-canada

Canada’s Trademark Opposition Board Finds Trademarks Consisting of the Product Appearance for Asthma Inhalers Lack Distinctiveness Canada’s Trademark Opposition Board Finds Trademarks Consisting of the Product Appearance for Asthma Inha...

Trademark
May 31, 2017May 31, 20172017-05-31
On April 28, 2017, Canada’s Trademark Opposition Board (Board) refused Boehringer Ingelheim’s (BI) trade-mark applications for the product appearance or “get-up” of its asthma medications inhaler after concluding that the appearance of the inhaler was not distinctive (Canadian Generic Pharmaceutical Association v Boehringer Ingelheim Pharma GmbH & Co.
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-trademark-opposition-board-finds-trademarks-consisting-of-product-appearance-for

New UK Law Sets Guidelines for Unjustified Threats Regarding Intellectual Property Right New UK Law Sets Guidelines for Unjustified Threats Regarding Intellectual Property Right

Intellectual Property
May 31, 2017May 31, 20172017-05-31
On April 27, 2017, the Intellectual Property (Unjustified Threats) Bill received Royal Assent in the UK. It is expected to come into law in October 2017. The new Act amends the current law relating to unjustified threats regarding proceedings for infringement of patents, registered trademarks, registered designed, design rights and Community designs.
Deeth Williams Wall http://www.dww.com/articles/new-uk-law-sets-guidelines-for-unjustified-threats-regarding-intellectual-property-right

Contract Formed in Ontario Where Email Communicating Acceptance Received in Ontario Contract Formed in Ontario Where Email Communicating Acceptance Received in Ontario

Information Technology
May 17, 2017May 17, 20172017-05-17
In TFS RT Inc v Kenneth Dyck, 2017 ONSC 2780 (TFS), the Ontario Supe
Deeth Williams Wall http://www.dww.com/articles/contract-formed-ontario-where-email-communicating-acceptance-received-ontario