US Supreme Court To Review Section 230 Immunity Concerning Online Service Providers For The First Time US Supreme Court To Review Section 230 Immunity Concerning Online Service Providers For The First Time

Information Technology
October 18, 2022October 18, 20222022-10-18
On October 3, 2022, the United States Supreme Court (the Court) granted certiorari in Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021), to consider whether section 230(c)(1) of the Communications Decency Act immunizes website operators and other online service providers when they make targeted recommendations of information provided by another information content provider, in this case terrorism-related videos posted on YouTube.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-to-review-section-230-immunity-concerning-online-service-providers-for

US White House Executive Order Is Latest Step In Finalizing Agreement For EU-US Data Flows US White House Executive Order Is Latest Step In Finalizing Agreement For EU-US Data Flows

Privacy
October 18, 2022October 18, 20222022-10-18
On October 7, 2022, United States (US) President Joe Biden signed an Executive Order setting out the steps that the US will take to implement its commitments under the European Union-US Data Privacy Framework (the EU-US DPF). This comes after the March 2022 announcement that the European Commission and the US reached a new deal in principle on cross-border data flows, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/us-white-house-executive-order-latest-step-finalizing-agreement-for-euus-data-flows

Office Of The Privacy Commissioner Of Canada Tables 2021-2022 Annual Report, Highlighting A Year Of Privacy Initiatives And The Way Forward For Legal Reform Office Of The Privacy Commissioner Of Canada Tables 2021-2022 Annual Report, Highlighting A Year Of Priva...

Privacy
October 5, 2022October 5, 20222022-10-05
On September 29, 2022, the Office of the Privacy Commissioner of Canada (the OPC) tabled its 2021-2022 Annual Report to Parliament (the Annual Report) on the Privacy Act and Personal Information Protection and Electronic Documents Act (PIPEDA). The Annual Report provides an overview of the work done by the OPC during the last year.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-tables-20212022-annual-report-highlighting-a-year

Canada’s Privacy Regulators Call For Secure Digital Healthcare Infrastructure Canada’s Privacy Regulators Call For Secure Digital Healthcare Infrastructure

Privacy
October 5, 2022October 5, 20222022-10-05
On September 21, 2022, Canada’s privacy regulatory authorities (the Privacy Regulators) passed a resolution to secure public trust in digital health infrastructure (the Resolution). The Resolution calls on governments and health institutions across Canada to cooperate to implement a “modern, secure and interoperable digital health communication infrastructure” in order to phase out the use of unencrypted email and fax communication practices when sharing sensitive personal health information.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-privacy-regulators-call-for-secure-digital-healthcare-infrastructure

British Columbia Provincial Court Awards Statutory Damages For Copyright Infringement Of Independent Short Film British Columbia Provincial Court Awards Statutory Damages For Copyright Infringement Of Independent Shor...

Trademark and Copyright Litigation
October 5, 2022October 5, 20222022-10-05
The British Columbia Provincial Court (the Court) in Whitehall Entertainment Incorporated v Kafka Pictures Inc, 2022 BCPC 184, recently found the Claimants, Ms. Whitehall and Whitehall Entertainment Inc., had established copyright infringement against the Defendant, Ms. Kaffka, in relation to an independent short film, “Hey, That’s My Bike!” (the Film).
Deeth Williams Wall https://www.dww.com/articles/british-columbia-provincial-court-awards-statutory-damages-for-copyright-infringement-of

Federal Court Of Canada Grants Conditional Leave To Amend Statement Of Defence In A Patent Dispute Federal Court Of Canada Grants Conditional Leave To Amend Statement Of Defence In A Patent Dispute

Pharmaceutical Patent Litigation
October 5, 2022October 5, 20222022-10-05
On August 17, 2022, the Federal Court of Canada (the Court) in Bayer Inc. v Sandoz Canada, 2022 FC 1187, granted Sandoz Canada Inc. (Sandoz) leave to amend its Statement of Defence to add new allegations, contingent on an adjournment of the trial and an extension of the 24-month stay under the Patented Medicines (Notice of Compliance) Regulations (the Regulations).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-conditional-leave-to-amend-statement-of-defence-a-patent

US Court Dismisses Summary Judgment Motion In Copyright Infringement Action Relating To Depiction Of Tattoos In NBA 2K Video Games US Court Dismisses Summary Judgment Motion In Copyright Infringement Action Relating To Depiction Of Tatt...

Trademark and Copyright Litigation
October 5, 2022October 5, 20222022-10-05
On September 20, 2022, the US District Court for the Northern District of Ohio Eastern Division (the Court) issued its decision in Hayden v 2K Games, Inc., et al., 1:17CV2635, granting in part the Plaintiff’s motion for summary judgment and denying the Defendants’ motion for summary judgment, relating to the depiction of tattoos in NBA 2K video games.
Deeth Williams Wall https://www.dww.com/articles/us-court-dismisses-summary-judgment-motion-copyright-infringement-action-relating-to

Federal Court Of Appeal Of Canada Overturns Patent Infringement Summary Judgment Ruling Federal Court Of Appeal Of Canada Overturns Patent Infringement Summary Judgment Ruling

Patent Litigation
September 20, 2022September 20, 20222022-09-21
On August 4, 2022, the Federal Court of Appeal of Canada (the FCA) issued its decision in Gemak Trust v Jempak Corporation, 2022 FCA 141, in which it allowed the appeal, and dismissed Jempak Corporation’s (Jempak’s) motion for summary judgment, finding that there is a genuine issue for trial.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-overturns-patent-infringement-summary-judgment-ruling

Federal Court Of Canada Dismisses AbbVie's Applications For Judicial Review Concerning HUMIRA (Adalimumab) Biosimilar Federal Court Of Canada Dismisses AbbVie's Applications For Judicial Review Concerning HUMIRA (Adalimumab...

Pharmaceutical Patent Litigation
September 20, 2022September 20, 20222022-09-21
On August 17, 2022, the Federal Court of Canada (the Court) issued its decision in AbbVie Corporation v Canada (Health), 2022 FC 1209, dismissing AbbVie Corporation’s and AbbVie Biotechnology Ltd.’s (collectively, AbbVie) applications for judicial review concerning: (i) the Minister of Health’s (the Minister) determination that JAMP Pharma Corporation (JAMP) did not constitute a “second person” for the purposes of Section 5(1) of the Patented Medicines (Notice of Compliance) Regulations (the Regulations) in respect of its new drug submission (NDS); and (ii) the Minister’s decision to issue a Notice of Compliance to JAMP permitting it to market three drugs in Canada under the brand name SIMLANDI.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-abbvies-applications-for-judicial-review-concerning

Minister Of Innovation, Science And Industry Issues Statement On Canada’s Telecommunications Reliability Agenda Following Rogers’ Outage Of July 8, 2022 Minister Of Innovation, Science And Industry Issues Statement On Canada’s Telecommunications Reliability ...

Telecommunications
September 20, 2022September 20, 20222022-09-21
On September 7, 2022, Canada’s Minister of Innovation, Science and Industry (the Minister), issued a statement on Canada’s Telecommunications Reliability Agenda following the nation-wide Rogers network outage that took place on July 8, 2022. As part of the statement, the Minister provided details on a formal agreement between Canada’s major telecommunications service providers to lend support in the event of another major network outage.
Deeth Williams Wall https://www.dww.com/articles/minister-of-innovation-science-and-industry-issues-statement-on-canada%E2%80%99s

Supreme Court Of British Columbia Holds Employer Vicariously Liable For Its Employee’s Breach Of Privacy Supreme Court Of British Columbia Holds Employer Vicariously Liable For Its Employee’s Breach Of Privacy

Privacy
September 20, 2022September 20, 20222022-09-21
On August 24, 2022, the Supreme Court of British Columbia (the Court) in Ari v. Insurance Corporation of British Columbia, 2022 BCSC 1475, found that the Insurance Corporation of British Columbia (ICBC) was liable for its employee’s violation of its customers’ privacy under the British Columbia Privacy Act (the Act).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-british-columbia-holds-employer-vicariously-liable-for-its-employee%E2%80%99s

Australian High Court Finds Google Not Liable For Defamation Australian High Court Finds Google Not Liable For Defamation

Information Technology
September 20, 2022September 20, 20222022-09-21
On August 17, 2022, the Australian High Court (the Court) in Google LLC v Defteros, [2022] HCA 27, allowed an appeal by Google LLC (Google) of a decision from the Court of Appeal of the Supreme Court of Victoria (the Appeal Court) which Google liable for publishing defamatory material by linking an article (The Age article) on Mr. George Defteros, the Respondent, in its search results of the Respondent’s name. The Court found that Google did not “publish” The Age article by hyperlinking the article in its search results.
Deeth Williams Wall https://www.dww.com/articles/australian-high-court-finds-google-not-liable-for-defamation

Federal Court Of Canada Certifies Data Breach Class Action Against The Federal Government Federal Court Of Canada Certifies Data Breach Class Action Against The Federal Government

Privacy
September 7, 2022September 7, 20222022-09-07
On August 25, 2022, the Federal Court of Canada (the Court) in Sweet v Canada, 2022 FC 1228, certified a class action against the Government of Canada (the Defendant) relating to data breaches in which hacker(s) gained access to the personal, financial and other information of thousands of Canadians through Government of Canada websites.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-certifies-data-breach-class-action-against-federal-government

Ontario Court Of Appeal Dismisses Apotex’s Appeal In An Action For Treble Damages Concerning Olanzapine Ontario Court Of Appeal Dismisses Apotex’s Appeal In An Action For Treble Damages Concerning Olanzapine

Pharmaceutical Patent Litigation
September 7, 2022September 7, 20222022-09-07
On August 16, 2022, the Ontario Court of Appeal (the Court) issued its decision in Apotex Inc. v Eli Lilly Canada Inc., 2022 ONCA 587, dismissing Apotex’s appeal and affirming the lower court’s summary judgment that struck out Apotex’s claim for damages from its generic drug being kept out of the market due to Eli Lilly’s issued patent that was ultimately declared to be invalid. The Court found that the patent regulatory scheme contains a “complete code” of remedies in such a case, and Apotex could not assert any other statutory and common law claims for damages.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-dismisses-apotex%E2%80%99s-appeal-an-action-for-treble-damages-concerning

British Columbia’s Privacy Commissioner Publishes Annual Report Highlighting Key Developments British Columbia’s Privacy Commissioner Publishes Annual Report Highlighting Key Developments

Privacy
September 7, 2022September 7, 20222022-09-07
On August 24, 2022, the latest annual report (the Report) was released by the Office of the Information and Privacy Commissioner for British Columbia (the OIPC), for the period of April 1, 2021 – March 31, 2022 (FY 2021-22).  The Report highlights key developments in British Columbia as it relates to: (1) the regulation of artificial intelligence systems (AI systems) in the public sector; (2) the protection of personal information; and (3) the public’s right to access information.
Deeth Williams Wall https://www.dww.com/articles/british-columbia%E2%80%99s-privacy-commissioner-publishes-annual-report-highlighting-key

California AG Announces Settlement With Sephora As Part Of Ongoing Enforcement Of California Consumer Privacy Act California AG Announces Settlement With Sephora As Part Of Ongoing Enforcement Of California Consumer Pri...

Privacy
September 7, 2022September 7, 20222022-09-07
On August 24, 2022, the Superior Court of the State of California for the County of San Francisco (the Court) approved a settlement between the Attorney General of California (AG) and Sephora USA, Inc. (Sephora) relating to violations of the California Consumer Privacy Act (the CCPA). The settlement requires Sephora to pay $1.2 million in penalties and comply with certain injunctive terms.
Deeth Williams Wall https://www.dww.com/articles/california-ag-announces-settlement-sephora-as-part-of-ongoing-enforcement-of-california

Civil Resolution Tribunal Of British Columbia Refuses To Resolve Copyright Infringement Claim, Finds Lack Of Jurisdiction Civil Resolution Tribunal Of British Columbia Refuses To Resolve Copyright Infringement Claim, Finds Lack...

Trademark and Copyright Litigation
September 7, 2022September 7, 20222022-09-07
On August 31, 2022, the Civil Resolution Tribunal of British Columbia (the Tribunal) issued its decision in 1316633 B.C. Ltd. v Windsor-Martin, 2022 BCCRT 979, finding that the alleged copyright infringement claim fell outside the Tribunal’s jurisdiction.
Deeth Williams Wall https://www.dww.com/articles/civil-resolution-tribunal-of-british-columbia-refuses-to-resolve-copyright-infringement

Federal Court Of Canada Grants Partial Default Judgment Relating to THC-Infused SKITTLES Candy Federal Court Of Canada Grants Partial Default Judgment Relating to THC-Infused SKITTLES Candy

Trademark and Copyright Litigation
August 24, 2022August 24, 20222022-08-24
On August 12, 2022, the Federal Court of Canada (the Court) issued its decision in Mars Canada Inc. v John Doe #1 (King Tuts Cannabis), 2022 FC 1193, in which it granted, in part, a motion for default judgment against three of five defendants for trademark infringement, depreciation of goodwill, and passing off relating to the defendants’ sale of THC-infused candy in association with the registered SKITTLES trademarks and lookalike SKITTLES packaging.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-partial-default-judgment-relating-to-thcinfused-skittles

Federal Court of Appeal Dismisses Appeal Relating to Patent Validity Concerning Apixaban Federal Court of Appeal Dismisses Appeal Relating to Patent Validity Concerning Apixaban

Pharmaceutical Patent Litigation
August 24, 2022August 24, 20222022-08-24
On August 4, 2022, the Federal Court of Appeal of Canada (FCA) issued its decision in Pharmascience Inc. v Bristol-Myers Squibb Canada Co., 2022 FCA 142, finding that the Federal Court (FC) did not err in holding that the patents at issue are valid.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-relating-to-patent-validity-concerning-apixaban

Québec Court Authorizes Class Action Against Las Vegas Casino and Hotel Chain Québec Court Authorizes Class Action Against Las Vegas Casino and Hotel Chain

Privacy
August 24, 2022August 24, 20222022-08-24
On August 3, 2022, the Québec Superior Court of Justice (the Court), in Zukerman c. MGM Resorts International, 2022 QCCS 2914, authorized a class action against MGM Resorts International for its alleged failure to implement proper security measures to protect its customers’ personal information in relation to a 2019 data breach.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec-court-authorizes-class-action-against-las-vegas-casino-and-hotel-chain

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.