The US Appeals Court Rules for Mississippi Attorney General Over Subpoena of Google’s Search Practices The US Appeals Court Rules for Mississippi Attorney General Over Subpoena of Google’s Search Practices

Information Technology
April 20, 2016April 20, 20162016-04-20
On April 8, 2016, in Google Inc v James M Hood, III, Attorney General of the State of Mississippi, No 15-60205, the United States Court of Appeals of the Fifth Circuit vacated the District Court’s preliminary injunction which was granted in favour of Google.  The injunction had prevented the Mississippi Attorney General (AG) from enforcing a subpoena over Google’s search practices.
Deeth Williams Wall http://www.dww.com/articles/us-appeals-court-rules-for-mississippi-attorney-general-over-subpoena-of-google’s-search

New US Anti-Encryption Bill Released New US Anti-Encryption Bill Released

Information Technology
April 20, 2016April 20, 20162016-04-20
On April 13, 2016, Senators Richard Burr and Dianne Feinstein, both leading members of the U.S. Senate Intelligence Committee, introduced a Bill entitled “Compliance with Court Orders Act of 2016”.
Deeth Williams Wall http://www.dww.com/articles/new-us-antiencryption-bill-released

Canada’s Competition Bureau Releases Updated IP Enforcement Guidelines Canada’s Competition Bureau Releases Updated IP Enforcement Guidelines

Regulatory Law
April 20, 2016April 20, 20162016-04-20
On March 31, 2016, the Competition Bureau (Bureau) released further updated Intellectual Property Enforcement Guidelines (IPEGs) (Announcement) following an extensive public consultation process held in 2015.  The updated IPEGs provide clarification on the Bureau’s approach to conducting investigations of alleged anti-competitive activities that relate to intellectual property.
Deeth Williams Wall http://www.dww.com/articles/canada’s-competition-bureau-releases-updated-ip-enforcement-guidelines

Federal Court Prefers Blinded Expert Witness’s Testimony in Allergan v Apotex Inc Federal Court Prefers Blinded Expert Witness’s Testimony in Allergan v Apotex Inc

Pharmaceutical Patent Litigation
April 20, 2016April 20, 20162016-04-20
On April 1, 2014, in Allergan Inc v Apotex Inc, 2016 FC 344, the Federal Court dismissed Allergan’s application for a prohibition order brought under the Patented Medicines (Notice of Compliance) Regulations, on the basis that Allergan failed to demonstrate utility of its Canadian Patent Number 2,307,632 (the ‘632 Patent).
Deeth Williams Wall http://www.dww.com/articles/federal-court-prefers-blinded-expert-witness’s-testimony-allergan-v-apotex-inc

Supreme Court of Canada Updates Supreme Court of Canada Updates

Pharmaceutical Patent Litigation
April 20, 2016April 20, 20162016-04-20
Apotex Inc v Merck & Co
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-canada-updates-0

Court of Appeal Upholds Federal Court’s Order for Transfer of Domain Name Court of Appeal Upholds Federal Court’s Order for Transfer of Domain Name

Trademark
April 6, 2016April 6, 20162016-04-06
On March 15, 2016, Canada’s Federal Court of Appeal (FCA) released its decision Michaels v Michaels Stores Procurement Company, Inc, 2016 FCA 88  (Michaels), which dismissed multiple grounds of appeal from a default judgment that, among other things, found the plaintiffs’ trade-mark had been infringed and ordered delivery up of a domain name.
Deeth Williams Wall http://www.dww.com/articles/court-of-appeal-upholds-federal-court’s-order-for-transfer-of-domain-name

The United States Supreme Court Agrees to Hear Apple-Samsung Design Patent Related Damages Issue The United States Supreme Court Agrees to Hear Apple-Samsung Design Patent Related Damages Issue

Patent
April 6, 2016April 6, 20162016-04-06
On March 21, 2016, the Unites States Supreme Court (USSC) granted a petition by Samsung Electronics Co. (Samsung) to hear an appeal from a particular aspect of the damages awarded against Samsung in the widely reported patent infringement finding against Samsung and in favour of Apple Inc (Apple).  The USSC will hear argument on the following question:  where a design patent relating to only a component of a product is infringed, should an award of infringer profits be limited to those profits attributable to that particular component?
Deeth Williams Wall http://www.dww.com/articles/united-states-supreme-court-agrees-to-hear-applesamsung-design-patent-related-damages

The Government of Canada Seeks Consultation on Data Breach Notification Regulations The Government of Canada Seeks Consultation on Data Breach Notification Regulations

Privacy
April 6, 2016April 6, 20162016-04-06
The Digital Privacy Act (DPA), which received Royal Assent on June 18, 2015, amended the Personal Information Protection and Electronic Documents Act (PIPEDA) in a number of ways.  Among the changes is the establishment of federal data breach notification requirements.  Organizations that experience a data breach that would create a reasonable belief of a real risk of significant harm to an individual will be required to:
Deeth Williams Wall http://www.dww.com/articles/government-of-canada-seeks-consultation-on-data-breach-notification-regulations

Quebec Opening Patent Box: Tax Relief for Intellectual Property Investment Quebec Opening Patent Box: Tax Relief for Intellectual Property Investment

Patent
April 6, 2016April 6, 20162016-04-06
Advocates for tax relief for investment in intellectual property have won a major victory as Québec became the first province to announce implementation of a “patent box” incentive.  A “patent box” is a fiscal incentive that allows a company to identify revenue that comes from its patents on its corporate tax return (by checking the "patent box").  This income is then taxed at a lower rate.
Deeth Williams Wall http://www.dww.com/articles/quebec-opening-patent-box-tax-relief-for-intellectual-property-investment

Federal Court Holds Improper Priority Claim Not a Material Misrepresentation Federal Court Holds Improper Priority Claim Not a Material Misrepresentation

Patent
April 6, 2016April 6, 20162016-04-06
On March 16, 2016, Manson J of the Federal Court of Canada issued his decision in Uponor AB v Heatlink Group Inc et al, 2016 FC 320, holding that a majority of the claims in CA Patent No. 2,232,376 (376 Patent), owned by the plaintiff, are invalid for inutility in fact, insufficiency, overbreadth, anticipation, and obviousness, but that Heatlink Group Inc and Pexcor Manufacturing Company Inc (Pexcor) infringed the remaining claims.
Deeth Williams Wall http://www.dww.com/articles/federal-court-holds-improper-priority-claim-not-a-material-misrepresentation

Point Zero Denim and President Liable for Trademark Infringement and Passing-off Point Zero Denim and President Liable for Trademark Infringement and Passing-off

Trademark
April 6, 2016April 6, 20162016-04-06
On March 14, 2016, the Superior Court of Québec (Court) released its decision in Diesel s.p.a c Benisti Import-Export inc, 2016 QCCS 1085, ruling (among other things) that Benisti Import-Export Inc. (operating under the name “Point Zero”) and its president Maurice Benisti (Benisti) had infringed the trade-mark rights of Diesel s.p.a. (Diesel) to a label design used by Diesel on the pocket of its brand of jeans.
Deeth Williams Wall http://www.dww.com/articles/point-zero-denim-and-president-liable-for-trademark-infringement-and-passingoff

Federal Court Considers the Effects of Technological Change on Trade-mark Registration for Computer Software Federal Court Considers the Effects of Technological Change on Trade-mark Registration for Computer Softw...

Trademark
March 23, 2016March 23, 20162016-03-23
On February 18, 2016, the Canadian Federal Court allowed an appeal from a decision of the Registrar of Trade-marks in Specialty Software Inc v Bewatec Kommunikationstechnik GmbH, 2016 FC 223. The registration at issue was owned by Specialty Software Inc (SSI). SSI’s trade-mark was registered for the goods “software computer programs.” The evidence showed that SSI’s assignee now offered the software computer programs through a website, which the requester argued was use as a “service.”
Deeth Williams Wall http://www.dww.com/articles/federal-court-considers-effects-of-technological-change-on-trademark-registration-for

US Federal Circuit Finds That a New Card Game is not Patent-Eligible Subject Matter US Federal Circuit Finds That a New Card Game is not Patent-Eligible Subject Matter

Patent
March 23, 2016March 23, 20162016-03-23
On March 10, 2016, in In re: Ray Smith, Amanda Tears Smith, 2015-1664, the US Court of Appeals for the Federal Circuit (CAFC) affirmed the United States Patent Trial and Appeal Board’s decision that a method of conducting a wagering game is a non-patentable “abstract idea.”
Deeth Williams Wall http://www.dww.com/articles/us-federal-circuit-finds-a-new-card-game-not-patenteligible-subject-matter

Canadian Federal Court Finds Copyright Subsists in the CSA Code Canadian Federal Court Finds Copyright Subsists in the CSA Code

Copyright
March 23, 2016March 23, 20162016-03-23
On March 8, 2016, Manson J of the Federal Court granted an application by the Canadian Standards Association (CSA) seeking relief relating to an alleged copyright infringement by the Respondents in Canada Standard Association v P S Knight Co Ltd, 2016 FC 294.  The Respondents did not deny that their Knight Code is a substantial copy of the 2015 CSA Code.  However, they asserted that no copyright subsisted in the 2015 CSA Code and raised the defence of a licence and fair dealing.  Manson J rejected a
Deeth Williams Wall http://www.dww.com/articles/canadian-federal-court-finds-copyright-subsists-csa-code

SCC Grants Leave to Consider the Patent “Promise Doctrine” SCC Grants Leave to Consider the Patent “Promise Doctrine”

Patent
March 23, 2016March 23, 20162016-03-23
On March 10, 2016, the Supreme Court of Canada (SCC) allowed AstraZeneca’s application to appeal from the Federal Court of Appeal (FCA) decision in AstraZeneca Canada Inc v Apotex Inc, 2015 FCA 158 (SCC Case No. 36654).
Deeth Williams Wall http://www.dww.com/articles/scc-grants-leave-to-consider-patent-“promise-doctrine”

Privacy Commissioner Recommends Amendments to the Privacy Act Privacy Commissioner Recommends Amendments to the Privacy Act

Privacy
March 23, 2016March 23, 20162016-03-23
In a statement to the House of Commons Standing Committee on Access to Information, Privacy and Ethics (the Committee), the Privacy Commissioner of Canada, Daniel Therrien, recommended sweeping changes to the Privacy Act.
Deeth Williams Wall http://www.dww.com/articles/privacy-commissioner-recommends-amendments-to-privacy-act

New Halal Claims Requirements Coming Into Force April 4, 2016 New Halal Claims Requirements Coming Into Force April 4, 2016

Regulatory Law
March 23, 2016March 23, 20162016-03-23
On April 4, 2016, the Canadian Food Inspection Agency (CFIA) will begin its full enforcement of the new halal labelling and advertising certification requirements, following a two-year transition period of the amended Food and Drug Regulations. The Regulation came after halal food consumers had expressed concerns about the difficulty of making informed purchase decisions.
Deeth Williams Wall http://www.dww.com/articles/new-halal-claims-requirements-coming-into-force-april-4-2016

Health Canada Releases Draft Guidance Document on Disclosure of Confidential Business Information Under Vanessa’s Law Health Canada Releases Draft Guidance Document on Disclosure of Confidential Business Information Under V...

Regulatory Law
March 23, 2016March 23, 20162016-03-23
On March 10, 2016, Health Canada released a Draft Guidance Document – Disclosure of Confidential Business Information under Paragraph 21.1(3)(c) of the Food and Drugs Act for consultation.
Deeth Williams Wall http://www.dww.com/articles/health-canada-releases-draft-guidance-document-on-disclosure-of-confidential-business

US Judicial Redress Act signed into law US Judicial Redress Act signed into law

Privacy
March 9, 2016March 9, 20162016-03-09
On February 24, 2016, the US Judicial Redress Act (JR Act) was signed into law.
Deeth Williams Wall http://www.dww.com/articles/us-judicial-redress-act-signed-into-law

Buyer Beware: Royalties Payable for Patent Licence Acquired in Bankruptcy Sale Buyer Beware: Royalties Payable for Patent Licence Acquired in Bankruptcy Sale

Patent
March 9, 2016March 9, 20162016-03-09
On February 18, 2016, the Québec Court of Appeal released its decision in 7158548 Canada Inc c Desbiens, 2016 QCCA 306, affirming a lower court decision requiring the appellant to pay royalties on the sale of certain products.  The appellant had bought all assets of a bankrupt company “free and clear” during a bankruptcy sale, which assets included a patent licence (Licence).  The Québec Court of Appeal concluded that if the appellant took on the benefits of the Licence, then it must also pay the r
Deeth Williams Wall http://www.dww.com/articles/buyer-beware-royalties-payable-for-patent-licence-acquired-bankruptcy-sale