USPTO Releases Guidance On Patentability Of AI-Assisted Inventions USPTO Releases Guidance On Patentability Of AI-Assisted Inventions

Patents
February 21, 2024February 21, 20242024-02-21
On February 13, 2024, the United States Patent and Trademark Office (USPTO) issued its Inventorship Guidance for AI-Assisted Inventions (the Guidance). The Guidance was issued pursuant to President Biden’s executive order from October 30, 2023, tasking the USPTO with publishing guidance for stakeholders on how it will analyze inventorship issues relating to artificial intelligence (AI) (as previously reported by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/uspto-releases-guidance-on-patentability-of-aiassisted-inventions

Federal Court Of Canada Finds Non-Infringement And Invalidity Of Takeda’s Patent Federal Court Of Canada Finds Non-Infringement And Invalidity Of Takeda’s Patent

Pharmaceutical Patent Litigation
February 21, 2024February 21, 20242024-02-21
On February 7, 2024, the Federal Court of Canada (the Court) issued its decision in Takeda Canada Inc. v Apotex Inc., 2024 FC 106, dismissing Takeda Canada Inc.’s (Takeda) claims for infringement of its Canadian Patent No. 2,570,916 (the 916 Patent) by Apotex Inc. (Apotex).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-noninfringement-and-invalidity-of-takeda%E2%80%99s-patent

Ontario Court Of Appeal Dismisses Appeal Relating To Capital One Data Breach Class Action Certification, Finding No Intrusion Upon Seclusion Ontario Court Of Appeal Dismisses Appeal Relating To Capital One Data Breach Class Action Certification, ...

Privacy
February 21, 2024February 21, 20242024-02-21
On January 31, 2024, the Ontario Court of Appeal (the Court) issued its decision in Del Giudice v Thompson, 2024 ONCA 70, considering the tort of intrusion upon seclusion in the context of data misuse and rejecting the appellants’ arguments seeking class action certification.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-dismisses-appeal-relating-to-capital-one-data-breach-class-action

Québec Court Grants Provisional Injunction Relating To Trademark License Agreements Québec Court Grants Provisional Injunction Relating To Trademark License Agreements

Intellectual Property
February 21, 2024February 21, 20242024-02-21
On January 29, 2024, the Québec Superior Court of Justice (the Court), in 4207602 Canada Inc. (Cameo Knitting) c Kodiak Group Holdings, 2024 QCCS 292, granted a provisional injunction enjoining the Defendants, Kodiak Group Holdings Co. and IW Apparel, LLC, from terminating their agreement for cause.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec-court-grants-provisional-injunction-relating-to-trademark-license-agreements

Office Of The Privacy Commissioner Of Canada Launches Strategic Plan Outlining Priorities For The Next Three Years Office Of The Privacy Commissioner Of Canada Launches Strategic Plan Outlining Priorities For The Next Th...

Privacy
February 7, 2024February 7, 20242024-02-07
On January 22, 2024, the Office of the Privacy Commissioner of Canada (OPC) published a strategic plan (the Plan) that offers a high-level overview of the OPC’s vision for the next three years, including the types of initiatives that the OPC will be undertaking, areas in which it will focus its efforts, and outcomes that it intends to achieve.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-launches-strategic-plan-outlining-priorities-for

PHIPA Administrative Monetary Penalties Effective As Of January 1, 2024 PHIPA Administrative Monetary Penalties Effective As Of January 1, 2024

Privacy
February 7, 2024February 7, 20242024-02-07
On January 1, 2024, the amendments to section 61.1 of the Personal Health Information Protection Act (PHIPA) and its accompanying regulation (the Regulation) took effect, providing the Information and Privacy Commissioner of Ontario (IPC) with additional enforcement power to impose administrative monetary penalties (AMPs) on those that contravene the legislation.
Deeth Williams Wall https://www.dww.com/articles/phipa-administrative-monetary-penalties-effective-as-of-january-1-2024

Federal Court Of Canada Finds Use of BYOOVIZ Infringes BEOVU Federal Court Of Canada Finds Use of BYOOVIZ Infringes BEOVU

Trademark and Copyright Litigation
February 7, 2024February 7, 20242024-02-07
On January 24, 2024, in Novartis AG v Biogen Inc., 2024 FC 52, the Federal Court of Canada (the Court) released its decision finding that use of the trademark BYOOVIZ in association with a prescription ophthalmologic drug to treat age-related macular degeneration infringes Novartis’ registered trademark BEOVU, also used in association with a drug to treat age-related macular degeneration.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-use-of-byooviz-infringes-beovu

Canadian Centre for Cyber Security Publishes Assessment on Large Language Model Text Generators Canadian Centre for Cyber Security Publishes Assessment on Large Language Model Text Generators

Cybersecurity
February 7, 2024February 7, 20242024-02-07
On January 17, 2024, the Canadian Centre for Cyber Security (the Centre) published an assessment titled “The Threat from Large Language Model Text Generators” (the Assessment), which draws on resources available to the Centre by virtue of its unique role in defending the Government of Canada’s information systems and uses those resources to provide valuable insight into adversary behaviour in cyberspace. The content of the Assessment is based on information available as of June 26, 2023.
Deeth Williams Wall https://www.dww.com/articles/canadian-centre-for-cyber-security-publishes-assessment-on-large-language-model-text

Rare Interlocutory Injunction Granted by BC Supreme Court For Stores With Similar Signage Rare Interlocutory Injunction Granted by BC Supreme Court For Stores With Similar Signage

Trademark and Copyright Litigation
January 24, 2024January 24, 20242024-01-25
On January 2, 2024, the Supreme Court of British Columbia (the Court) granted an interlocutory injunction restraining the Defendant, Adidas Canada Limited, from using the name of its retail store in Vancouver. The decision in Amer Sports Canada Inc. v Adidas Canada Limited, 2024 BCSC 3, reflects a rare case of a Court issuing an injunction in a trademark matter before trial.
Deeth Williams Wall https://www.dww.com/articles/rare-interlocutory-injunction-granted-by-bc-supreme-court-for-stores-similar-signage

Federal Court Of Appeal Grants Janssen’s Motion For Summary Judgment, Finding Apotex’s Defences An Abuse of Process Federal Court Of Appeal Grants Janssen’s Motion For Summary Judgment, Finding Apotex’s Defences An Abuse ...

Pharmaceutical Patent Litigation
January 24, 2024January 24, 20242024-01-24
On December 23, 2023, the Federal Court of Appeal (FCA) issued its reasons in Janssen Inc. v Apotex Inc., 2023 FCA 253, allowing an appeal by Janssen Inc. and Janssen Pharmaceutica N.V. (collectively, Janssen) on grounds of abuse of process and granting its motion for summary judgment.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-grants-janssen%E2%80%99s-motion-for-summary-judgment-finding-apotex%E2%80%99s

Québec Publishes Draft Regulations Relating To Charter Of The French Language Changes Québec Publishes Draft Regulations Relating To Charter Of The French Language Changes

Trademarks
January 24, 2024January 24, 20242024-01-24
On January 10, 2024, the Québec government published draft regulations (the Draft Regulations) that, if passed, will amend the Quebec Charter of the French Language (the Charter) and the current Regulations respecting the language of commerce and business.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec-publishes-draft-regulations-relating-to-charter-of-french-language-changes

Federal Court Of Canada Dismisses Seismotech’s Motion For Norwich Order Against Apple Federal Court Of Canada Dismisses Seismotech’s Motion For Norwich Order Against Apple

Patent Litigation
January 24, 2024January 24, 20242024-01-24
On December 7, 2023, the Federal Court of Canada (the Court) issued its decision in Seismotech IP Holdings Inc. v Apple Canada Inc., 2023 FC 1649, dismissing Seismotech IP Holdings Inc.’s (Seismotech) motion to obtain a Norwich order against Apple Inc. and Apple Canada Inc. (collectively, Apple).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-seismotech%E2%80%99s-motion-for-norwich-order-against-apple

E-TIPS® Newsletter’s “2023: Year In Review” E-TIPS® Newsletter’s “2023: Year In Review”

Intellectual Property
January 10, 2024January 10, 20242024-01-11
Thank you for your readership over the last year and welcome to what we hope will be a fantastic 2024! In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2023, covering developments in intellectual property (IP) and information technology (IT) law under the following categories: (1) Legislative, Treaty and Policy Developments, (2) Patents, (3) Trademarks, (4) Copyright, (5) Privacy and Cybersecurity, (6) Contracts and (7) Artificial Intelligence.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2023-year-review%E2%80%9D

Slaying the Dragon Slowly—Tackling the Canadian Trademark Examination Backlog Slaying the Dragon Slowly—Tackling the Canadian Trademark Examination Backlog

Trademarks
December 13, 2023December 13, 20232023-12-13
The Canadian Intellectual Property Office (CIPO) has recently announced further details in its quest to start slaying the dragon of mounting trademark examination backlogs.
Deeth Williams Wall https://www.dww.com/articles/slaying-dragon-slowly%E2%80%94tackling-canadian-trademark-examination-backlog

Ontario Considers Use Of AI In The Hiring Process With Introduction Of Bill 149, Working For Workers Four Act, 2023 Ontario Considers Use Of AI In The Hiring Process With Introduction Of Bill 149, Working For Workers Four...

Information Technology
December 13, 2023December 13, 20232023-12-13
On November 14, 2023, the Ontario Government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149), which proposes legislative amendments to various employment statutes in Ontario. If passed, Bill 149 will require employers to disclose the use of Artificial Intelligence (AI) in the hiring process.
Deeth Williams Wall https://www.dww.com/articles/ontario-considers-use-of-ai-hiring-process-introduction-of-bill-149-working-for-workers

Federal Government Releases Proposed Amendments To Artificial Intelligence And Data Act Federal Government Releases Proposed Amendments To Artificial Intelligence And Data Act

Information Technology
December 13, 2023December 13, 20232023-12-13
On November 28, 2023, the Government of Canada published the text of proposed amendments to Part 3 of Bill C-27, the Artificial Intelligence and Data Act (AIDA).
Deeth Williams Wall https://www.dww.com/articles/federal-government-releases-proposed-amendments-to-artificial-intelligence-and-data-act

Federal Court Of Appeal Of Canada Provides Clarity On Goodwill Analysis And Trademark Licensing Federal Court Of Appeal Of Canada Provides Clarity On Goodwill Analysis And Trademark Licensing

Trademark and Copyright Litigation
December 13, 2023December 13, 20232023-12-13
On November 22, 2023, the Federal Court of Appeal of Canada (FCA) issued its decision in Dragona Carpet Supplies Mississauga Inc. v Dragona Carpet Supplies Ltd., 2023 FCA 228, dismissing an appeal relating to a decision of the Federal Court (FC) which dismissed a claim for passing off and expunged trademark registrations for DRAGONA.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-provides-clarity-on-goodwill-analysis-and-trademark

Federal Court Of Appeal Of Canada Dismisses Patent Validity Appeal Relating To Macitentan Drug Federal Court Of Appeal Of Canada Dismisses Patent Validity Appeal Relating To Macitentan Drug

Pharmaceutical Patent Litigation
November 29, 2023November 29, 20232023-11-29
On November 9, 2023, the Federal Court of Appeal (FCA) issued its decision in Sandoz Canada Inc. v Janssen Inc., 2023 FCA 221, dismissing an appeal relating to a decision of the Federal Court (FC) that dismissed allegations by the appellant, Sandoz Canada Inc. (Sandoz), that Canadian Patent No. 2,659,770 (the Patent) was invalid on various grounds.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-patent-validity-appeal-relating-to-macitentan

Federal Court Of Appeal Of Canada Dismisses Apotex’s Appeal Relating to Apo-Macitentan, Finding Inducement of Infringement Federal Court Of Appeal Of Canada Dismisses Apotex’s Appeal Relating to Apo-Macitentan, Finding Inducemen...

Pharmaceutical Patent Litigation
November 29, 2023November 29, 20232023-11-29
On November 9, 2023, the Federal Court of Appeal (the FCA) issued its decision in Apotex Inc. v Janssen Inc., 2023 FCA 220, finding that the marketing and sale by Apotex Inc. (Apotex) of its Apo-Macitentan product would induce infringement of Canadian Patent No. 2,659,770 (the Patent).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-apotex%E2%80%99s-appeal-relating-to-apomacitentan

Further Developments On Regulating AI: G7 Leaders Publish Voluntary Code On AI And US Government Issues Executive Order For Establishing AI Standards Further Developments On Regulating AI: G7 Leaders Publish Voluntary Code On AI And US Government Issues E...

Information Technology
November 29, 2023November 29, 20232023-11-29
On October 30, 2023, the G7 leaders published the International Guiding Principles for Organizations Developing Advanced AI Systems (the Principles) and the International Code of Conduct for Organizations Developing Advanced AI Systems (the Code), which are intended to support organizations when developing and using advanced AI technologies, such as the most advanced foundation models and generative AI systems.
Deeth Williams Wall https://www.dww.com/articles/further-developments-on-regulating-ai-g7-leaders-publish-voluntary-code-on-ai-and-us

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.

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