On March 27, 2017, in Boaden Catering Limited v Real Food for Real Kids Inc, 2017 ONCA 248, the Ontario Court of Appeal dismissed the plaintiff, Boaden Catering Limited’s (Boaden’s) appeal in its entirety, affirming the decision of the lower court (previously reported in E-TIPS® her
Deeth Williams Wallhttp://www.dww.com/articles/ontario-court-of-appeal-dismisses-appeal-from-summary-judgment-copyright-and-trademark
On March 16, 2017, a three-member panel of arbitrators (the Tribunal) unanimously dismissed Eli Lilly & Company’s (Eli Lilly’s) claim that the invalidation of its patents fails to satisfy Canada’s obligations under Chapter 11 of the North American Free Trade Agreement.
Deeth Williams Wallhttp://www.dww.com/articles/nafta-arbitration-tribunal-dismisses-claim-by-eli-lilly-favour-of-canada
In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court of the United States (the Court) vacated the Court of Appeals’ decision and held that the equitable defence of laches cannot be invoked against claims for patent infringement occurring during the six-year statutory limitations period, as defined by 35 U.S.C.
Deeth Williams Wallhttp://www.dww.com/articles/us-supreme-court-rejects-equitable-defense-of-laches-a-patent-infringement-case
Neiman Marcus, a luxury department store, has agreed to settle a class action claim against it relating to stolen customer credit card information for $1.6-million USD. Between the dates of July 16, 2013 and October 30, 2013, malicious software collected the payment data of approximately 350,000 customers. Of those compromised accounts, 9,200 were used for fraudulent transactions.
Deeth Williams Wallhttp://www.dww.com/articles/neiman-marcus-agrees-to-settle-privacy-breach-for-16million
On March 17, 2017, the Office of the Privacy Commissioner of Canada (OPC) published guidance for the application of Sections 7(3)(d.1)-(d.2) (the Provisions) of the Personal Information Protection and Electronic Documents Act (PIPEDA).
Deeth Williams Wallhttps://www.dww.com/articles/opc-provides-guidance-on-disclosure-provisions
In March 2017, the Office of the Privacy Commissioner of Canada published a letter sent to the Ministers of Justice, Public Safety and Defence, calling on Canadian officials to strengthen privacy protections available in the US to Canadians by adding Canada to the list of countries designated under the Judicial Redress Act.
Deeth Williams Wallhttps://www.dww.com/articles/privacy-commissioner-focuses-on-obtaining-greater-privacy-protection-for-canadians-us
On March 13, 2017, in The Football Association Premier League Limited v British Telecommunications PLC,  EWHC 480 (Ch), the High Court of Justice Chancery Division granted an injunction brought by the top league of British soccer (Premier League) against 5 domestic, retail internet service providers (collectively, the ISPs).
Deeth Williams Wallhttps://www.dww.com/articles/high-court-ups-ante-on-pirated-football-matches
In Ankenman Associates Architects Inc v 0981478 BC Ltd, 2017 BCSC 333, the Supreme Court of British Columbia (the Court) awarded the petitioner, Ankenman Associates Architects Inc (AAAI), damages of $52,527.07 for the respondent’s copyright infringement where a licence conditional on payment of fees did not pass to the respondent through foreclosure proceedings.
Deeth Williams Wallhttps://www.dww.com/articles/supreme-court-of-british-columbia-awards-damages-of-5252707-for-copyright-infringement
In R v Evans ( EWCA Crim 139), the English and Wales Court of Appeal affirmed a 12-month immediate prison sentence for an individual convicted of distributing infringing copies of musical works under the UK Copyright, Designs, Patents Act, 1988.
Deeth Williams Wallhttps://www.dww.com/articles/english-court-of-appeal-affirms-12month-sentence-for-distribution-of-infringing-musical
On March 2, 2017, the Federal Court of Canada issued public judgment and reasons for an award totaling $1.5 million comprised of $500,000 in compensatory damages and $1 million in punitive damages for the plaintiff in Airbus Helicopters SAS v Bell Helicopter Texteron Canada Limitée, 2017 FC 170. Pursuant to an October 2, 2009 order, the quantification of damages in the proceeding was bifurcated from the liability issues. Under the liability phase, Bell Helicopter was found to have infringed Canadian Patent No.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-awards-1-million-punitive-damages-patent-case-0
On February 24, 2017, in Bombardier Recreational Products Inc v Arctic Cat Inc, 2017 FC 207, the Federal Court found that no valid claims were infringed, and dismissed the infringement action against Arctic Cat Inc with costs. Three of the four patents at issue would have been infringed but were invalid.
Deeth Williams Wallhttps://www.dww.com/articles/inadequate-disclosure-stops-snowmobile-patent-its-tracks-bombardier-recreational-products
On March 1, 2017, the Federal Court of Canada (FC) awarded Nintendo $12.7 million in damages in Nintendo of America Inc v King et al, 2017 FC 246. This ruling marks the first occasion for the FC to consider the issue of circumvention of Technical Protection Measures (TPMs) under the Copyright Act.
Deeth Williams Wallhttps://www.dww.com/articles/game-over-federal-court-of-canada-puts-an-end-to-video-game-hacking-novel-case-0
Interlocutory injunctions are rarely granted in trademark infringement cases (counterfeit cases aside) in Canada. This is largely due to the difficulty of establishing irreparable harm, the second element of a three-part test for granting an interlocutory injunction. The three-part test requires that: (1) a serious issue has been raised; (2) irreparable harm will result if the injunction is not granted; and (3) the balance of convenience favours the requesting party. The courts have repeatedly held that the determination of irreparable harm is a factual assessment which must be establis
Deeth Williams Wallhttps://www.dww.com/articles/interlocutory-injunction-canada%E2%80%99s-trademark-infringement-cases-%E2%80%93-success-details-0
In Bayer Cropscience LP v. Canada (Attorney General), 2017 FC 178, the Federal Court (FC) agreed with the Commissioner of Patents (“Commissioner”) and dismissed Bayer Cropscience LP’s (Bayer) request to change the priority date for its Canadian Patent Application No 2,907,271 (the 271 Application) from April 19, 2012 to April 3, 2012.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-canada-refuses-bayer%E2%80%99s-request-to-change-priority-date-of-its-patent-0
On February 21, 2017, the Federal Court of Appeal (FCA) upheld awards for $250,000, $64,000, and $66,000, for punitive and exemplary damages, compensatory damages, and costs, respectively, in relation to a trademark infringement case regarding various counterfeit goods of the “CHANEL” fashion label (Lam v. Chanel S.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-appeal-upholds-250000-punitive-and-exemplary-damage-award-trademark-0
On February 22, 2017, in Life Technologies Corporation v Promega Corporation, the Supreme Court of the United States held that the supply of a single component in a multicomponent patented invention for manufacture overseas does not constitute patent infringement.
Deeth Williams Wallhttps://www.dww.com/articles/us-supreme-court-not-patent-infringement-to-supply-single-component-for-manufacture-0
On February 17, 2017, in Bennett v Lenovo, 2017 ONSC 1082, the Ontario Superior Court of Justice dismissed the majority of Lenovo (Canada) Inc (Lenovo) and Superfish Inc’s motion to strike claims related to pre-loaded software present on a Lenovo laptop.
Deeth Williams Wallhttps://www.dww.com/articles/bloatware-beware-lenovo-cannot-%E2%80%9Cuninstall%E2%80%9D-class-action-motion-to-strike-0
On February 2, 2017, the Federal Court of Appeal issued its decision in Apotex Inc, et al v ADIR and Servier Canada Inc, 2017 FCA 23. The case was an appeal of the Federal Court decision determining the amount of Apotex’s profits attributable to the infringement of Canadian Patent 1,341,196 for the drug perindopril after Servier Canada Inc (Servier) had elected to recover profits.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-appeal-remits-issue-of-noninfringing-alternative