On December 18, 2015, the Federal Court of Appeal (FCA) delivered its judgment in Red Label Vacations Inc (Redtag.ca) v 411 Travel Buys Limited (2015 FCA 290), in which the FCA panel dismissed the appeal of a decision in which Redtag.ca had unsuccessfully alleged copyright and trademark infringement based on a competitor’s unauthorized use of the metatags contai
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-of-appeal-leaves-door-open-for-copyright-and-trademark-infringement-by
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2016! In this year’s first issue of E-TIPS® newsletter, we will recap our most noteworthy reports from 2015 covering developments in IP and IT law. We’ll start with a selection of our “Top Stories” and follow with a summary of the “Legislative and Treaty Developments” we have tracked over the last year.
Deeth Williams Wallhttp://www.dww.com/articles/etips®-newsletter’s-“2015-year-review”
On December 3, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) announced its first execution of a warrant issued under Canada’s Anti-Spam Legislation (CASL). The warrant was executed in the takedown of a Toronto-based command-and-control server responsible for the widely distributed Win32/Dorkbot malware family. The takedown was a coordinated effort from the Royal Canadian Mounted Police, the US
Deeth Williams Wallhttp://www.dww.com/articles/crtc-executes-warrant-under-canada’s-antispam-law-botnet-takedown
On July 1, 2015, Ontario enacted the Naturopathy Act, 2007 (Act) , which brings naturopaths under the rubric of the Regulated Health Professions Act, 1991 and establishes the College of Naturopaths of Ontario (College) as the self-regulatory body governing the practice of naturopathy in Ontario. The practice of naturopathy was previously regulated under the now-repealed
Deeth Williams Wallhttp://www.dww.com/articles/prescription-rights-of-naturopathic-doctors-under-ontario’s-newly-proclaimed-naturopathy
On December 3, 2015, Samsung and Apple filed a joint case management statement (Statement) in the US District Court for the Northern District of California (District Court) where Samsung indicated its agreement to pay Apple US $548 million in partial settlement of their longstanding patent dispute. In 2015, Samsung lost its appeal of the District Court’s finding that Samsung infringed design and utility patents owned by Apple and was refused a re-hearing of the appeal en banc (for prior reporting on this case in E-TIPS new
Deeth Williams Wallhttp://www.dww.com/articles/samsung-to-pay-apple-us-548-million-partial-settlement-of-patent-dispute
In Cathay Pacific Airways Limited v Air Miles International Trading BV, 2015 FCA 253, the Canadian Federal Court of Appeal (FCA) overturned a decision of the Federal Court (FC) holding that the FC did not need to review additional evidence submitted by a trade-mark applicant in a judicial review of a Trade-mark Opposition Board (TMOB) ruling. The Trade-marks Act allows a party to submit fresh evidence on judicial review. Depending on the probative value of this evidence, the FC may pro
Deeth Williams Wallhttp://www.dww.com/articles/canada’s-federal-court-of-appeal-federal-court-must-consider-fresh-evidence-submitted
On November 18, 2015, Locke J of the Federal Court of Canada issued his Public Judgment and Reasons in Leo Pharma Inc v Teva Canada Limited, 2015 FC 1237, granting the application of Leo Pharma Inc (Leo Pharma) for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Teva Canada Ltd (Teva) for its generic calcipotriol and betamethasone dipropionate ointment (Leo Pharma’s DOVOBET®) until expiry of Canadian Patent No. 2,370,565 (the 565 Patent).
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-of-canada-grants-leo-pharma’s-calcipotriol-application-against-teva
VTech, a Hong Kong based supplier of electronic learning products, has reportedly leaked 4.8 million customer records, including 227,000 children’s records, due to a hack on VTech’s system that took place in November, 2015. The leaked records include names, genders, birth dates, addresses, IP addresses, e-mail addresses, download history, password information and secret questions and answers. VTech’s hacked database also reportedly cont
Deeth Williams Wallhttp://www.dww.com/articles/toy-maker-vtech-hacked-children-and-parents’-personal-information-leaked
On November 26, 2015, the Supreme Court of Canada (SCC) issued its decision in the case of Canadian Broadcasting Corp v SODRAC. In allowing SODRAC’s appeal, the SCC decided that royalties are payable for ephemeral copies of works that are made as part of the broadcasting process, but the principle of technological neutrality should be considered when setting the royalty rate.
Deeth Williams Wallhttp://www.dww.com/articles/technological-neutrality-informs-interpretation-but-does-not-supplant-words-of-copyright
On October 20, 2015, the Supreme Court of New Zealand released its decision in Johnathan Dixon v The Queen, in which it found that digital files are “property” within the meaning of New Zealand’s criminal law. The accused had been charged with using a computer system to obtain property “without claim of right” after he obtained CCTV footage which showed a married member of the English national rugby team socializing with a female patron at a bar.
Deeth Williams Wallhttp://www.dww.com/articles/new-zealand-supreme-court-finds-digital-files-are-property-rugby-scandal-case
On November 10, 2015, in Prometheus Labs v Roxane Labs (Fed Cir 2015), the Federal Circuit upheld the District Court’s decision that Prometheus’s US Patent No. 6,284,770 (the ‘770 patent) was invalid for obviousness.
Deeth Williams Wallhttp://www.dww.com/articles/federal-circuit-affirms-prometheus’s-alosetron-use-patent-was-obvious
On November 3, 2015, Justice Phelan of the Federal Court of Canada issued his judgment in Amgen Canada Inc v Mylan Pharmaceutical ULC, 2015 FC 1244, dismissing Amgen’s application for an order prohibiting the Minister of Health from issuing a Notice of Compliance (NOC) to Mylan for its generic cinacalcet products (Amgen’s SENSIPAR®).
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-of-canada-denied-amgen’s-cinacalcet-application-against-mylan
On November 16, 2015, the Canadian Patent Appeal Board in decision number 1383 regarding patent application number 2,476,327 entitled “Method of Administering An Injectable Antibiotic to the Ear of An Animal” recommended rejection the application on the basis that the claimed invention was directed to a method of medical treatment and therefore comprised non-statutory subject matter.
Deeth Williams Wallhttp://www.dww.com/articles/canadian-patent-appeal-board-rejects-a-method-of-treatment-as-unpatentable-subject-matter
On November 11, 2015, the Superior Court of Justice of Ontario granted a motion, in the case of Planon Systems Inc v Norman Wade Company Limited, to dismiss an action for delay after a 25 year-long action for copyright infringement. In 1971, the plaintiffs, Planon Systems Inc, began an action for breach of an implied term leading to copyright infringement and breach of fiduciary duty from the misuse of confidential information.
Deeth Williams Wallhttp://www.dww.com/articles/copyright-action-dismissed-after-25-yearlong-delay
On 27 October 2015, the Supreme Court of South Australia (Court) released its decision in Duffy v Google Inc,  SASC 170, finding Google liable for defamation for failing to remove defamatory suggestions from its Autocomplete and Related Search features, as well as its search results. The Court concluded that if Google is notified that its automated search tools return or suggest defamatory content, the search provider can be liable for publishing defamatory content.
Deeth Williams Wallhttp://www.dww.com/articles/automation-no-autocomplete-defence-online-defamation-duffy-v-google-inc
On November 6, 2015, Canada’s Federal Court of Appeal (FCA) released its decision in Canada (Attorney General) v Sandoz Canada Inc, 2015 FCA 249, overturning the related decisions of the Federal Court of Canada (FC) in Sandoz Canada Inc v Canada (AG), 2014 FC 501 (Sandoz FC) and ratiopharm Inc v Canada (AG),
Deeth Williams Wallhttp://www.dww.com/articles/fca-overturns-decision-finds-authorized-generics-are-within-jurisdiction-of-pmprb
The full text of the Trans-Pacific Partnership Agreement (TPP) was recently made available online by the New Zealand Ministry of Foreign Affairs & Trade (New Zealand acts as Depositary for the TPP under Article 77 of the Vienna Convention on the Law of Treaties).
Deeth Williams Wallhttp://www.dww.com/articles/transpacific-partnership-full-text-made-publicly-available
On October 16th, 2015, the Federal Court of Canada issued an interim injunction against a group of Canadians who allegedly operate the Popcorn Time content streaming website and related downloadable application (the Website). The plaintiffs in this case are the members of the Motion Pictures Association of America (MPAA), a trade association representing six major Hollywood studios. The plaintiffs allege that the Website is predominantly used by Canadians to stream infringing content owned by the plaintiffs.
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-of-canada-orders-takedown-of-popcorn-time-streaming-site-infringement-case