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

Unanimous Appellate Decision Upholds Balance of Regulatory Regime as a Full Defence against Copyright Infringement Unanimous Appellate Decision Upholds Balance of Regulatory Regime as a Full Defence against Copyright Inf...

Copyright
May 17, 2017May 17, 20172017-05-17
In Geophysical Service Incorporated v EnCana Corporation, 2017 ABCA 125, the Alberta Court of Appeal chose to maintain the balance struck by the regulatory regime between the public’s interest in accessing of
Deeth Williams Wall http://www.dww.com/articles/unanimous-appellate-decision-upholds-balance-of-regulatory-regime-as-a-full-defence

The Senate Passed Bill C-30 – CETA Implementation Act The Senate Passed Bill C-30 – CETA Implementation Act

Patent
May 17, 2017May 17, 20172017-05-17
On May 16, 2017, Bill C-30, the proposed federal legislation to implement Canada’s rights and commitments under the Canada-EU Comprehensive Economic and Trade Agreement (CETA), received Royal Assent by the Governor General. Prior to receiving Royal Assent, the Senate of Canada completed the Third Reading of Bill C-30 and passed the bill on May 11, 2017 without any amendments.
Deeth Williams Wall http://www.dww.com/articles/senate-passed-bill-c30-%E2%80%93-ceta-implementation-act

US Federal Circuit Considers On-Sale Bar under the America Invents Act US Federal Circuit Considers On-Sale Bar under the America Invents Act

Patent
May 17, 2017May 17, 20172017-05-17
On May 1, 2017, the US Federal Circuit issued an important decision interpreting the on-sale bar provision under the America Invents Act (AIA) in Helsinn Healthcare SA v Teva Pharmaceuticals USA
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-considers-onsale-bar-under-america-invents-act

CRTC Directs Videotron to Comply with Telecommunications Act CRTC Directs Videotron to Comply with Telecommunications Act

Telecommunications
May 17, 2017May 17, 20172017-05-17
In a decision released April 20, 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) concluded that Quebecor Media Inc, Videotron Ltd, and Videotron GP (collectively, Videotron) gave an undue preference to subscribers who accessed the Unlimited Music
Deeth Williams Wall http://www.dww.com/articles/crtc-directs-videotron-to-comply-telecommunications-act

US Federal Circuit Suggests All Four eBay Factors Must be Satisfied for Injunctive Relief US Federal Circuit Suggests All Four eBay Factors Must be Satisfied for Injunctive Relief

Patent
May 17, 2017May 17, 20172017-05-17
The US Federal Circuit in Nichia Corp v Everlight Americas Inc, No. 16-1585 (Fed Cir 2017) suggests that all four “eBay factors” are necessary to grant permanent injunctive relief.
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-suggests-all-four-ebay-factors-must-be-satisfied-for-injunctive-relief

Federal Court Outlines How to Calculate Section 8 Damages, Clarifies Evidentiary Issues and Rejects Pipefill Claim Federal Court Outlines How to Calculate Section 8 Damages, Clarifies Evidentiary Issues and Rejects Pipef...

Patent
May 17, 2017May 17, 20172017-05-17
The Federal Court in Eli Lilly Canada Inc v Teva Canada Ltd, 2017 FC 88 established how to calculate the section 8 damages Teva was entitled to as a result of being prevented from entering the olanzapine market in 2006-2007.
Deeth Williams Wall http://www.dww.com/articles/federal-court-outlines-how-to-calculate-section-8-damages-clarifies-evidentiary-issues-and

Canada’s Federal Court Awards “Springboard” Profits in Patent Infringement Case Canada’s Federal Court Awards “Springboard” Profits in Patent Infringement Case

Patent Litigation
May 3, 2017May 3, 20172017-05-16
On April 19, 2017, Canada’s Federal Court (FC) issued a decision regarding how to calculate the financial remedy payable by the defendant, Nova Chemicals Corporation (Nova), to the plaintiffs (collectively Dow) as a result of Nova’s infringement of Dow’s Canadian Patent No 2,160,705 (The Dow Chemical Company v Nova Chemicals Corporation, 2017 FC 350).  Previously, the FC found that Dow’s paten
Deeth Williams Wall http://www.dww.com/articles/canada%E2%80%99s-federal-court-awards-%E2%80%9Cspringboard%E2%80%9D-profits-patent-infringement-case

Louis Vuitton Takes Aim at Flea Market Landlords in Counterfeit Goods Action Louis Vuitton Takes Aim at Flea Market Landlords in Counterfeit Goods Action

Litigation
May 3, 2017May 3, 20172017-05-04
The issue of landlord liability in tenant counterfeit is novel to Canadian Courts, although the US and China have found liability in similar situations.  Recently, a Canadian Court has opened a door to such claims.
Deeth Williams Wall http://www.dww.com/articles/louis-vuitton-takes-aim-at-flea-market-landlords-counterfeit-goods-action