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 Wallhttp://www.dww.com/articles/privacy-commissioner-of-canada-submits-views-on-regulatory-and-technical-issues-related-to
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 Wallhttp://www.dww.com/articles/british-columbia-court-of-appeal-overturns-interlocutory-injunction-against-aquarium
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 Wallhttp://www.dww.com/articles/federal-court-of-appeal-allows-appeal-trademark-infringement-application-by-swiss-army
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 Wallhttp://www.dww.com/articles/federal-court-finds-no-confusion-between-inherently-nondistinctive-trademarks
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