Canada’s Federal Court Quashes Health Canada’s 2015 Import Ban Against Apotex’s Indian Facilities Canada’s Federal Court Quashes Health Canada’s 2015 Import Ban Against Apotex’s Indian Facilities

Regulatory Law
September 7, 2016September 7, 20162016-09-07
On June 15, 2016, in Apotex Inc v Canada (Health), 2016 FC 673, Manson J of the Federal Court quashed the Minister of Health’s (Minister) 2015 Decision varying the establishment licenses for Apotex Inc’s (Apotex) Indian drug manufacturing facilities.  The 2015 Decision arose from Health Canada’s inspection of the Indian facilities to assess whether Apotex had successfully addressed its data integrity violations following Health Canada’s 2014 Import Ban against these facili
Deeth Williams Wall http://www.dww.com/articles/canada’s-federal-court-quashes-health-canada’s-2015-import-ban-against-apotex’s-indian

Ontario Court Struck Apotex’s Section 8 Claim While Maintaining Other Claims Ontario Court Struck Apotex’s Section 8 Claim While Maintaining Other Claims

Pharmaceutical Patent Litigation
September 7, 2016September 7, 20162016-09-08
On August 8, 2016, in Apotex Inc v Pfizer Ireland Pharmaceuticals, 2016 ONSC 4966, the Ontario Superior Court of Justice (ONSC) struck Apotex’s Section 8 claim while dismissing Pfizer’s motion to strike Apotex’s other damages claims.
Deeth Williams Wall http://www.dww.com/articles/ontario-court-struck-apotex’s-section-8-claim-while-maintaining-other-claims

Snapchat Inc Sued in Canada for Alleged Patent Infringement Snapchat Inc Sued in Canada for Alleged Patent Infringement

Patent Litigation
September 7, 2016September 7, 20162016-09-07
On August 22, 2016, Investel Capital Corporation (Investel), a Vancouver-based investment company commenced an action before Canada’s Federal Court (court file number T-1406-16) against Snapchat Inc (Snapchat) for allegedly infringing its Canadian Patent No 2,887,596 (the 596 Patent) entitled “User Content Sharing System and Method with Automated External Content Integration”.
Deeth Williams Wall http://www.dww.com/articles/snapchat-inc-sued-canada-for-alleged-patent-infringement

US Federal Circuit Construes “Consisting Of” in Markush Group as Being Limited to Recited Elements Only US Federal Circuit Construes “Consisting Of” in Markush Group as Being Limited to Recited Elements Only

Patent
August 24, 2016August 24, 20162016-08-24
On August 4, 2016, in Multilayer Stretch Cling Film Holdings v Berry Plastics Corporation, 2015-1420, the United States Court of Appeals for the Federal Circuit (the Court), Taranto J dissenting in part, construed the Markush claim language, “being selected from the group consisting of”, as being limited to only the recited elements in the claim.
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-construes-“consisting-of”-markush-group-as-being-limited-to-recited

Some Tasty Trouble Brewing in the Fast Food Wars Some Tasty Trouble Brewing in the Fast Food Wars

Trademark
August 24, 2016August 24, 20162016-08-24
Tasty Burger, a US restaurant chain operating in Boston and Washington, D.C., has demanded that Chipotle Mexican Grill (Chipotle) change the name and logo of its new burger franchise, Tasty Made, which is set to open this fall in Lancaster, Ohio.
Deeth Williams Wall http://www.dww.com/articles/some-tasty-trouble-brewing-fast-food-wars

The US Department of Justice and the Federal Trade Commission Propose Updates to the IP Licensing Guidelines The US Department of Justice and the Federal Trade Commission Propose Updates to the IP Licensing Guideli...

Intellectual Property
August 24, 2016August 24, 20162016-08-24
On August 12, 2016, the Antitrust Division of the United States Department of Justice and the Federal Trade Commission (collectively the Agencies) jointly proposed updates to the 1995 Antitrust Guidelines for the Licensing of Intellectual Property (the IP Guidelines), which provides the Agencies enforcement policy for the licensing of intellectual property protected by patent, copyright, trade secret, and k
Deeth Williams Wall http://www.dww.com/articles/us-department-of-justice-and-federal-trade-commission-propose-updates-to-ip-licensing

Government of Canada Engages in Public Consultation on Cyber Security Government of Canada Engages in Public Consultation on Cyber Security

Security
August 24, 2016August 24, 20162016-08-24
On August 16, 2016, the Government of Canada’s Ministry of Public Safety and Emergency Preparedness launched a public consultation on cyber security. The purpose of the consultation is to engage the public in order to assess opportunities arising from rapidly changing digital technology, and to assess Canada’s current cyber security environment.
Deeth Williams Wall http://www.dww.com/articles/government-of-canada-engages-public-consultation-on-cyber-security

Amgen Sought Leave to Appeal Filgrastim Decision to the Supreme Court of Canada Amgen Sought Leave to Appeal Filgrastim Decision to the Supreme Court of Canada

Pharmaceutical Patent Litigation
August 24, 2016August 24, 20162016-08-24
On August 9, 2016, Amgen Canada Inc (Amgen) filed an application for leave to appeal to the Supreme Court of Canada from the Federal Court of Appeal (FCA) decision in Amgen Canada Inc v Apotex Inc, 2016 FCA 196 (SCC Case No.
Deeth Williams Wall http://www.dww.com/articles/amgen-sought-leave-to-appeal-filgrastim-decision-to-supreme-court-of-canada

Health Canada Issues Notice on Use of FDA Guidance Material to Support Canadian Medical Devices License Applications Health Canada Issues Notice on Use of FDA Guidance Material to Support Canadian Medical Devices License A...

Regulatory Law
August 24, 2016August 24, 20162016-08-24
On August 4, 2016, Health Canada issued a notice entitled “Use of United States Food and Drug Administration (FDA) Guidance Materials to support Canadian Medical Devices License Applications” (the Notice).
Deeth Williams Wall http://www.dww.com/articles/health-canada-issues-notice-on-use-of-fda-guidance-material-to-support-canadian-medical

Alberta Court Finds Jurisdiction over Copyright Dispute Involving Seismic Data Alberta Court Finds Jurisdiction over Copyright Dispute Involving Seismic Data

Copyright
August 10, 2016August 10, 20162016-08-10
In Geophysical Service Incorporated v Jebco Seismic UK Limited, 2016 ABQB 402, the Alberta Court of Queen’s Bench dismissed applications to dismiss or stay the plaintiff’s action. The defendants had argued that the Alberta Court had no jurisdiction over the defendants in relation to the subject matter at issue in the action.
Deeth Williams Wall http://www.dww.com/articles/alberta-court-finds-jurisdiction-over-copyright-dispute-involving-seismic-data

Canada’s Federal Court Questions No File Wrapper Estoppel on Claim Construction Canada’s Federal Court Questions No File Wrapper Estoppel on Claim Construction

Patent
August 10, 2016August 10, 20162016-08-10
The Supreme Court of Canada in Free World Trust v Électro Santé Inc, 2000 SCC 66 rejected the use of extrinsic documents such as file wrappers (patent prosecution histories) for claim construction, saying that allowing such evidence would undermine the public notice function of the claims and increase uncertainty.  Hence, there is no equivalent of US file wrapper estoppel in Canada.
Deeth Williams Wall http://www.dww.com/articles/canada’s-federal-court-questions-no-file-wrapper-estoppel-on-claim-construction

US Court of Appeals for the Federal Circuit Affirms Claim Indefiniteness of Coined Terms US Court of Appeals for the Federal Circuit Affirms Claim Indefiniteness of Coined Terms

Patent
August 10, 2016August 10, 20162016-08-10
On July 28, 2016, in AGIS v Life360, the US Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s finding of indefiniteness using a strict means-plus-function approach to claim construction, thus finding AGIS’s claims to be invalid.
Deeth Williams Wall http://www.dww.com/articles/us-court-of-appeals-for-federal-circuit-affirms-claim-indefiniteness-of-coined-terms

isoHunt Founder Settles Last Outstanding Case for $66 Million isoHunt Founder Settles Last Outstanding Case for $66 Million

Copyright
August 10, 2016August 10, 20162017-02-07
Gary Fung, Canadian founder of isoHunt Web Technologies (isoHunt), has settled his last remaining legal dispute after a decade of litigation with media and movie industries over the now defunct isoHunt search engine. Music Canada, formerly the Canadian Recording Industry Association (CRIA), had launched the action in 2006 after Fung refused to take down the engine that delivered indexes of torrent files that could be used in conjunction with peer-to-peer software to download music, movies and other files from other users’ computers.
Deeth Williams Wall http://www.dww.com/articles/isohunt-founder-settles-last-outstanding-case-for-66-million

BASCOM v AT&T: Filtering Internet Content Found Patent-Eligible BASCOM v AT&T: Filtering Internet Content Found Patent-Eligible

Patent
August 10, 2016August 10, 20162016-08-10
In BASCOM Global Internet Services, Inc v AT&T Mobility LLC, (Fed Cir June 27, 2016), the US Court of Appeals for the Federal Circuit (CAFC) released its latest opinion rejecting a patent-eligibility challenge. 
Deeth Williams Wall http://www.dww.com/articles/bascom-v-att-filtering-internet-content-found-patenteligible

Consultation on a Governance Framework for Intellectual Property Agents Extended Consultation on a Governance Framework for Intellectual Property Agents Extended

Intellectual Property
August 10, 2016August 10, 20162016-08-10
Innovation, Science and Economic Development Canada, in conjunction with the Canadian Intellectual Property Office (CIPO), have extended the consultation on a proposed governance framework for the IP profession until August 31, 2016. The consultation builds on CIPO’s Modernizing the IP Community report, which resulted in the development of a new statutory protection for confidential communications between IP agents and their clients.
Deeth Williams Wall http://www.dww.com/articles/consultation-on-a-governance-framework-for-intellectual-property-agents-extended

Canada’s Federal Court Finds Generic’s Non-Infringement Allegation Justified but Grants Prohibition Order Due to Defective Notice of Allegation Canada’s Federal Court Finds Generic’s Non-Infringement Allegation Justified but Grants Prohibition Order...

Pharmaceutical Patent Litigation
July 27, 2016July 27, 20162016-07-27
On July 5, 2016, Brown J of Canada’s Federal Court allowed a prohibition application by Bayer Inc (Bayer) against Fresenius Kabi Canada Ltd (Fresenius) concerning Fresenius’ generic moxifloxacin hydrochloride (HCl) injection (Bayer’s AVELOX I.V.®) and Bayer’s Canadian Patent No.
Deeth Williams Wall http://www.dww.com/articles/canada’s-federal-court-finds-generic’s-noninfringement-allegation-justified-but-grants

Ontario Superior Court Quashes Domain Name, Passing Off, Copyright, and Trademark Infringement Claims in Boaden Catering v. Real Food for Real Kids Ontario Superior Court Quashes Domain Name, Passing Off, Copyright, and Trademark Infringement Claims in ...

Trademark and Copyright Litigation
July 27, 2016July 27, 20162016-07-27
On June 30, 2016, in Boaden Catering Limited v Real Food For Real Kids Inc (2016 ONSC 4098), the Ontario Superior Court (ONSC) quashed all claims brought by the plaintiff, Boaden Catering Limited (Boaden), in a summary judgment motion. 
Deeth Williams Wall http://www.dww.com/articles/ontario-superior-court-quashes-domain-name-passing-off-copyright-and-trademark

Nova Scotia Supreme Court Dismisses Claim for Copyright Infringement in Architectural Drawings Nova Scotia Supreme Court Dismisses Claim for Copyright Infringement in Architectural Drawings

Copyright
July 27, 2016July 27, 20162016-10-13
In MacNutt v Acadia University (2016 NSSC 160), the Supreme Court of Nova Scotia (the Court) dismissed an application claiming infringement of copyright in the applicant’s architectural concept drawings prepared for Acadia University. The Court found that the applicant’s concept drawings were “distinctly different” from the plans used by the University.
Deeth Williams Wall http://www.dww.com/articles/nova-scotia-supreme-court-dismisses-claim-for-copyright-infringement-architectural

Canada’s Federal Court Dismissed Alexion’s Challenge to the Jurisdiction of Patented Medicine Prices Review Board Canada’s Federal Court Dismissed Alexion’s Challenge to the Jurisdiction of Patented Medicine Prices Revi...

Pharmaceutical Patent Litigation
July 27, 2016July 27, 20162016-07-27
On June 23, 2016, in Alexion Pharmaceuticals Inc v Attorney General of Canada, 2016 FC 716, the Federal Court (FC) struck Alexion’s application seeking a declaratory relief that sections 80 to 86 and the words “in any proceeding under section 83” of section 87(1) of the Patent Act, (the impugned provisions) are unconstitutional and ultra vires.
Deeth Williams Wall http://www.dww.com/articles/canada’s-federal-court-dismissed-alexion’s-challenge-to-jurisdiction-of-patented-medicine

USPTO News: Launch of New Pilot Programs and Patent Eligibility Guidance USPTO News: Launch of New Pilot Programs and Patent Eligibility Guidance

Patent
July 27, 2016July 27, 20162016-07-27
1. Cancer Immunotherapy Pilot Program On June 29, 2016, the USPTO launched a Cancer Immunotherapy Pilot Program to accelerate applications pertaining to cancer immunotherapy.  The objective of the Pilot Program is to complete the examination of cancer immunotherapy applications within twelve months of special status being granted at no additional fee.  The Pilot Program will run for twelve months and is open to both US and international applicants. 
Deeth Williams Wall http://www.dww.com/articles/uspto-news-launch-of-new-pilot-programs-and-patent-eligibility-guidance