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 Wallhttp://www.dww.com/articles/internet-has-borders-california-court-blocks-worldwide-interlocutory-injunction-affirmed
On November 1, in Actavis v ICOS,  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 Wallhttp://www.dww.com/articles/uk-court-of-appeal-finds-eli-lilly%E2%80%99s-tadalafil-patent-obvious-to-try
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 Wallhttp://www.dww.com/articles/ontario-superior-court-of-justice-dissolves-injunction-restraining-release-of-documentary
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 Wallhttp://www.dww.com/articles/ontario-superior-court-of-justice-dismisses-copyright-infringement-case-against-toronto
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 Wallhttp://www.dww.com/articles/patented-medicine-prices-review-board-issues-excessive-pricing-order-against-alexion-for
In Smart Sys Innovations, LLC v Chicago Transit Authority, the US Federal Circuit (Court) affirmed the decision of the US District Court for the Northern District of Illinois (District Court) finding that US Patent Numbers 7,566,003, 7,568,617,
Deeth Williams Wallhttp://www.dww.com/articles/us-federal-circuit-affirms-decision-holding-patents-directed-toward-openpayment-fare
In Apotex Inc v Shire LLC, 2017 FC 831, Apotex Inc. sought leave to amend its statement of claim. Apotex had brought an action against Shire LLC for a declaration of non-infringement and invalidity of a Canadian patent.
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-considers-amendment-of-pleadings-made-subsequent-to-scc%E2%80%99s-promise-doctrine
On October 13, 2017, Health Canada released a consultation document on proposed changes to fees associated with government activities related to drug (including veterinary drug) submission reviews, medical device submission reviews, Establishment Licences, and annual right-to-sell fees for the same. Recent governmental policy changes on fee setting make this possible for the regulator.
Deeth Williams Wallhttp://www.dww.com/articles/health-canada-consulting-on-drug-and-device-fee-increases
On October 2, 2017, the Office of the Privacy Commissioner of Canada (OPCC) sent a letter to the Department of Innovation, Science and Economic Development regarding the proposed Breach of Security Safeguards Regulations that
Deeth Williams Wallhttp://www.dww.com/articles/privacy-commissioner-provides-comment-regarding-proposed-breach-of-security-safeguards
On September 19, 2017, in an unpublished memorandum, the United States Court of Appeals for the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazo
Deeth Williams Wallhttp://www.dww.com/articles/us-court-of-appeals-affirms-enforceability-of-amazon%E2%80%99s-terms-of-service
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 Wallhttp://www.dww.com/articles/canada%E2%80%99s-trademarks-act-amended-to-expand-protection-for-geographical-indications