Recent Insights

Foreign File Wrappers Relevant in Canadian Claim Construction Foreign File Wrappers Relevant in Canadian Claim Construction

Patent Litigation
October 16, 2019October 16, 20192019-10-16
On September 25, 2019, in Canmar Foods Ltd. v. TA Foods Ltd., 2019 FC 1233, the Federal Court of Canada (the Court) released the first decision interpreting the new section 53.1 of the Patent Act, which introduced file wrapper estoppel into Canadian patent law. 
Deeth Williams Wall https://www.dww.com/articles/foreign-file-wrappers-relevant-canadian-claim-construction

EU’s Highest Court Rules National Courts May Order Worldwide Injunctions to Remove Unlawful Content EU’s Highest Court Rules National Courts May Order Worldwide Injunctions to Remove Unlawful Content

Information Technology
October 16, 2019October 16, 20192019-10-16
On October 3, 2019, the Court of Justice of the European Union (CJEU), in Eva Glawischnig-Piesczek v Facebook Ireland Limited (ECLI:EU:C:2019:821), held that the European Union’s Directive on Electronic Commerce (Directive 2000/31/EC, the Directive) does not prevent national courts in the European Union (EU) from orderi
Deeth Williams Wall https://www.dww.com/articles/eu%E2%80%99s-highest-court-rules-national-courts-may-order-worldwide-injunctions-to-remove

The Federal Court of Canada Begins Hearing Arguments Regarding the Certification of a Reverse Class Action in File-Sharing Copyright Infringement Case The Federal Court of Canada Begins Hearing Arguments Regarding the Certification of a Reverse Class Actio...

Copyright
October 16, 2019October 16, 20192019-10-16
On September 23 and 24, 2019, the Federal Court of Canada began hearing arguments for and against certifying a reverse class action, where a single plaintiff takes steps to commence an action against a class of defendants with respect to a file-sharing copyright infringement case.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-begins-hearing-arguments-regarding-certification-of-a-reverse

U.S. Supreme Court Declines to Hear Appeal on Accessibility of Domino’s Pizza’s Website U.S. Supreme Court Declines to Hear Appeal on Accessibility of Domino’s Pizza’s Website

Information Technology
October 16, 2019October 16, 20192019-10-16
On October 7, 2019 the Supreme Court of the United States (the Supreme Court) declined to hear an appeal from Domino’s Pizza, LLC (Domino’s) from a decision of the Court of Appeals for the Ninth Circuit, which held that the Americans with Disabilities Act (ADA) applies to Domino’s website and mobile app and that Domino’s could be liable for damages if its online offerings do not comply with the ADA.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-declines-to-hear-appeal-on-accessibility-of-domino%E2%80%99s-pizza%E2%80%99s-website

EU Court of Justice Rules that Storing Cookies Requires Internet Users’ Active Consent EU Court of Justice Rules that Storing Cookies Requires Internet Users’ Active Consent

Privacy
October 16, 2019October 16, 20192019-10-16
On October 1, 2019, the Court of Justice of the European Union (CJEU) ruled that storing cookies on an Internet user’s computer requires active consent. Consent cannot be implied or assumed and therefore a pre-ticked checkbox is insufficient.
Deeth Williams Wall https://www.dww.com/articles/eu-court-of-justice-rules-storing-cookies-requires-internet-users%E2%80%99-active-consent

California’s New IoT Security Law California’s New IoT Security Law

Security
October 2, 2019October 2, 20192019-10-02
On January 1, 2020, California’s new Internet of Things (IoT) Security Law goes into effect. The new law, which requires that all IoT devices sold in California be equipped with reasonable security features, is the first IoT-specific security law in the United States.
Deeth Williams Wall https://www.dww.com/articles/california%E2%80%99s-new-iot-security-law

Events

October 28, 2019

Richard Austin will be participating in a panel on “The Artificial Intelligence World: Emerging Issues” at CAN-TECH's 23rd Annual Conference in Toronto on October 28th, 2019.

October 28, 2019

Amy-Lynne Williams will be participating in a panel on “Professional Responsibility in the Digital Age” at CAN-TECH's 23rd Annual Conference in Toronto on October 28th, 2019.

October 28, 2019

Jennifer Davidson will be moderating the Microsoft Women in Tech Luncheon Panel on "Leaders in Tech: Building Dynamic Inclusive Cultures" at CAN-TECH's 23rd Annual Conference in Toronto on October 28th, 2019.