Federal Court Denies Motion on Consent to Grant Protective Order Federal Court Denies Motion on Consent to Grant Protective Order

Patent
March 21, 2019March 21, 20192019-03-21
On March 7, 2019, the Federal Court of Canada (Court) issued its decision in Canadian National Railway Company v BNSF Railway Company, 2019 FC 281, dismissing a motion on consent to issue a proposed protective
Deeth Williams Wall https://www.dww.com/articles/federal-court-denies-motion-on-consent-to-grant-protective-order

Apotex Inc v Schering Corp Saga over the Ramipril Drug Continues Apotex Inc v Schering Corp Saga over the Ramipril Drug Continues

Patent
March 21, 2019March 21, 20192019-03-21
On February 27, 2019, in Apotex Inc v Schering Corporation (2019 ONSC 1393), the Ontario Superior Court of Justice granted Schering and Sanofi-Aventis (collectively “Sanofi”) leave to bring a motion to strike Apotex’s pleadings dealing with the validity of
Deeth Williams Wall https://www.dww.com/articles/apotex-inc-v-schering-corp-saga-over-ramipril-drug-continues

United States Court of Appeals on Inherency United States Court of Appeals on Inherency

Patent
March 21, 2019March 21, 20192019-03-21
On March 8, 2019, the United States Court of Appeals for the Federal Circuit (the Court) issued a decision in Personal Web Technologies, LLC, v Apple, Inc, reversing a decision of the Patent Trial and Appeal Board (Board) concluding that certain claims of U.S. Patent No 7,802,310 (the ’310 Patent) were obvious in view of U.S.
Deeth Williams Wall https://www.dww.com/articles/united-states-court-of-appeals-on-inherency

Internet of Things Security Bill Introduced in US House and Senate Internet of Things Security Bill Introduced in US House and Senate

Information Technology
March 21, 2019March 21, 20192019-03-21
On March 11, 2019 the Internet of Things Cybersecurity Improvement Act of 2019 (the “Act”), a bill which would require minimum of security standards for any Internet of Things (IoT) devices purchased by the US federal government, was
Deeth Williams Wall https://www.dww.com/articles/internet-of-things-security-bill-introduced-us-house-and-senate

UK House of Lords Releases Report Calling for "Digital Authority" to Regulate Technological World UK House of Lords Releases Report Calling for "Digital Authority" to Regulate Technological World

Information Technology
March 21, 2019March 21, 20192019-03-21
The United Kingdom House of Lords (the “House”) recently released a report suggesting the creation of a "Digital Authority" in an effort to regulate the technological world, most notably online giants.  While the "Digital Authority" is not expected to replace the roles that organizations such as the UK Information Commissioner's Office play in the industry, it aims to collaborate with such organizations
Deeth Williams Wall https://www.dww.com/articles/uk-house-of-lords-releases-report-calling-for-digital-authority-to-regulate-technological

Celebrities to Dismiss & Refile Their Copyright Infringement Claims Against Fortnite Game Maker Celebrities to Dismiss & Refile Their Copyright Infringement Claims Against Fortnite Game Maker

Copyright
March 21, 2019March 21, 20192019-03-21
On March 4, 2019, the United States Supreme Court issued its decision in Fourth Estate Public Benefit Corp v Wall-Street.com, LLC, 586 US (2019) finding that a claim for copyright infringement cannot be filed until after the US Copyright Office has granted registrati
Deeth Williams Wall https://www.dww.com/articles/celebrities-to-dismiss-refile-their-copyright-infringement-claims-against-fortnite-game

US Government Accountability Office Recommends New Privacy Law US Government Accountability Office Recommends New Privacy Law

Privacy
March 6, 2019March 6, 20192019-03-06
On January 15, 2019, the US Government Accountability Office (GAO) released its report recommending that Congress develop comprehensive Internet privacy legislation to better protect consumers.
Deeth Williams Wall https://www.dww.com/articles/us-government-accountability-office-recommends-new-privacy-law

New Jersey Based Shoe Designer Seeks Protection of Green-Soled Shoes New Jersey Based Shoe Designer Seeks Protection of Green-Soled Shoes

Trademark
March 6, 2019March 6, 20192019-03-06
With the recent success of Christian Louboutin enforcing their trademarked red-soled shoes, it seems like other companies are taking their chances on similar protection.  Reginald Bendolph, a shoe company based out of Irvington, New Jersey, recently filed a trademark application on shoes with the sole painted green.   The company cites that their fir
Deeth Williams Wall https://www.dww.com/articles/new-jersey-based-shoe-designer-seeks-protection-of-greensoled-shoes

Supreme Court of Newfoundland and Labrador on Confidentiality, Competition and Trade Secrets Supreme Court of Newfoundland and Labrador on Confidentiality, Competition and Trade Secrets

Trade-secret
March 6, 2019March 6, 20192019-03-06
On February 21, 2019, the Supreme Court of Newfoundland and Labrador General Division (Co
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-newfoundland-and-labrador-on-confidentiality-competition-and-trade

Privacy Commissioner to Launch Investigation Into Sale of “Anonymized” Health Data Privacy Commissioner to Launch Investigation Into Sale of “Anonymized” Health Data

Privacy
March 6, 2019March 6, 20192019-03-06
On February 20, 2019, the Toronto Star (“Star”) reported that the Office of the Information and Privacy Commissioner of Ontario is launching an investigation into the sale of anonymized health data to IQVIA, a US bas
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-to-launch-investigation-into-sale-of-%E2%80%9Canonymized%E2%80%9D-health-data

Federal Court Dismisses Application to Expunge Horlicks Trademarks Federal Court Dismisses Application to Expunge Horlicks Trademarks

Trademark
March 6, 2019March 6, 20192019-03-06
On February 19, 2019, the Federal Court (Court) issued its decision in Bedessee Imports Ltd. v.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-application-to-expunge-horlicks-trademarks

Nike and the NBA Sued for Copyright Infringement Over Rapper-Inspired Jerseys Nike and the NBA Sued for Copyright Infringement Over Rapper-Inspired Jerseys

Trademark
March 6, 2019March 6, 20192019-03-06
The Brooklyn Nets of the National Basketball Association (NBA") recently wore limited-edition basketball jerseys inspired by Brooklyn-native rapper Notorious B.I.G.  The music artist, who was murdered in 1997, was known for his love for Brooklyn, lyrical ability and bright and colourful sweaters.  The NBA basketball team paid homage by including a de
Deeth Williams Wall https://www.dww.com/articles/nike-and-nba-sued-for-copyright-infringement-over-rapperinspired-jerseys

ISED Canada Announces Patent Collective Pilot Program ISED Canada Announces Patent Collective Pilot Program

Patent
February 20, 2019February 20, 20192019-02-20
On February 13, 2019, Innovation, Science and Economic Development Canada (ISEDC) announced the
Deeth Williams Wall https://www.dww.com/articles/ised-canada-announces-patent-collective-pilot-program

Health Canada Releases its Regulatory Framework for Software as a Medical Device Health Canada Releases its Regulatory Framework for Software as a Medical Device

Regulatory Law
February 20, 2019February 20, 20192019-02-22
On January 29, 2019, Health Canada published its Draft Guidance Document for Software as a Medical Device (SaMD) to help clarify the regulatory
Deeth Williams Wall https://www.dww.com/articles/health-canada-releases-its-regulatory-framework-for-software-as-a-medical-device

Federal Court of Appeal Upholds Punitive Damages in Patent Case Federal Court of Appeal Upholds Punitive Damages in Patent Case

Patent
February 20, 2019February 20, 20192019-02-20
On February 11, 2019, in Airbus Helicopters SAS v Bell Helicopter Textron Canada Limitée, 2019 FCA 29, the Federal Court of Appeal (FCA) upheld
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-punitive-damages-patent-case

US Copyright Office Refuses Registration of Dance Moves US Copyright Office Refuses Registration of Dance Moves

Copyright
February 20, 2019February 20, 20192019-02-20
On January 22, 2019, the US Copyright Office refused registration for “The Carlton” dance.  “The Carlton” was made famous by Mr Alfonso Ribeiro (Ribeiro) through his performance on the early 90’s TV show, "The Fresh Prince of Bel-Air".  In issuing its
Deeth Williams Wall https://www.dww.com/articles/us-copyright-office-refuses-registration-of-dance-moves

Fashion Designer Wins Landmark Trademark Dispute over Red-Soled Shoes Fashion Designer Wins Landmark Trademark Dispute over Red-Soled Shoes

Trademark
February 20, 2019February 20, 20192019-02-20
On February 6, 2019, French shoe designer Maison Christian Louboutin struck a victory in The Hague District Court against high street shoe brand Van Haren over the protection of the red soles on their shoes.  The case in the Netherlands dates back to 2012, and follows a June 2018 decision, previously reported in the E-TIPS® Newsletter
Deeth Williams Wall https://www.dww.com/articles/fashion-designer-wins-landmark-trademark-dispute-over-redsoled-shoes

Toronto Maple Leafs Oppose Snoop Dogg’s Cannabis Related Trademarks Toronto Maple Leafs Oppose Snoop Dogg’s Cannabis Related Trademarks

Trademark
February 20, 2019February 20, 20192019-02-20
The Canadian Intellectual Property Office (CIPO) has seen thousands of trademark applications from the cannabis industry.  In fact, there are currently more than 3,700 trademark applications pending in Canada covering “cannabis” or “marijuana”.
Deeth Williams Wall https://www.dww.com/articles/toronto-maple-leafs-oppose-snoop-dogg%E2%80%99s-cannabis-related-trademarks

Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use

Trademark
February 6, 2019February 6, 20192019-02-06
On January 17, 2019, the Federal Court of Appeal (FCA) published its decision in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd (2019 FCA 10), dismissing the appeal of Sadhu Singh Hamdard Tr
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-holds-distinctiveness-can-only-be-acquired-by-use-canada-not