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

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