Federal Court of Appeal of Canada Upholds Decision Finding Canadian Patent No. 1,341,537 Invalid for Obviousness Federal Court of Appeal of Canada Upholds Decision Finding Canadian Patent No. 1,341,537 Invalid for Obvi...

Patent Litigation
December 2, 2020December 2, 20202020-12-02
On November 3, 2020, the Federal Court of Appeal of Canada (the Court) issued its decision in Amgen Inc v Pfizer Canada ULC, 2020 FCA 188, dismissing an appeal from a Federal Court decision that found claims 43 to 47 of Canadian Patent No. 1,341,537 invalid due to obviousness.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-upholds-decision-finding-canadian-patent-no-1341537

EUIPO Dismisses Lewis Hamilton’s Application to Invalidate Watchmaker’s ‘HAMILTON’ Trademark EUIPO Dismisses Lewis Hamilton’s Application to Invalidate Watchmaker’s ‘HAMILTON’ Trademark

Trademark and Copyright Litigation
December 2, 2020December 2, 20202020-12-02
The European Union Intellectual Property Office (EUIPO) refused Formula One racing driver Lewis Hamilton’s request to cancel Swiss watchmaker Hamilton International’s ‘HAMILTON’ trademark.
Deeth Williams Wall https://www.dww.com/articles/euipo-dismisses-lewis-hamilton%E2%80%99s-application-to-invalidate-watchmaker%E2%80%99s-%E2%80%98hamilton%E2%80%99

Canadian Government Debuts Overhauled Federal Privacy Legislation with Introduction of Bill C-11 Canadian Government Debuts Overhauled Federal Privacy Legislation with Introduction of Bill C-11

Privacy
November 18, 2020November 18, 20202020-11-18
On November 17, 2020, the Honourable Navdeep Bains, the federal Minister of Innovation, Science and Industry, announced changes to Canada's privacy framework through the introduction of Bill C-11, which introduces two new statutes, the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act, to replace provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) dealing with Canadian private sector privacy laws.
Deeth Williams Wall https://www.dww.com/articles/canadian-government-debuts-overhauled-federal-privacy-legislation-introduction-of-bill-c11

CIPO’s New Guidance on Assessing Patentable Subject-Matter CIPO’s New Guidance on Assessing Patentable Subject-Matter

Patents
November 18, 2020November 18, 20202020-11-18
On November 3, 2020, the Canadian Intellectual Property Office (CIPO) issued a guidance document explaining how it will determine whether claimed subject-matter is patentable, particularly in respect of computer-implemented inventions, medical diagnostic methods and medical uses.
Deeth Williams Wall https://www.dww.com/articles/cipo%E2%80%99s-new-guidance-on-assessing-patentable-subjectmatter

Privacy Commissioner of Canada Releases Key Recommendations for Regulating AI Privacy Commissioner of Canada Releases Key Recommendations for Regulating AI

Privacy
November 18, 2020November 18, 20202020-11-18
On November 12, 2020, the Office of the Privacy Commissioner of Canada (OPC) released key recommendations for regulating artificial intelligence (AI). The recommendations are the result of a public consultation that occurred earlier this year.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-releases-key-recommendations-for-regulating-ai

US District Court Finds Google’s Process for Generating Media Content Availability Notification as Patent-Ineligible US District Court Finds Google’s Process for Generating Media Content Availability Notification as Patent...

Patent Litigation
November 18, 2020November 18, 20202020-11-19
On November 2, 2020, the United States District Court for the Northern District of California (the Court) in Google LLC v. Sonos, Inc., No. 20-cv-03845-EMC, granted Sonos’ motion to dismiss an action brought by Google alleging patent infringement of its U.S. patent no. 8,583,489 (‘489 Patent) on the ground that the invention is patent-ineligible under 35 U.S.C. § 101.
Deeth Williams Wall https://www.dww.com/articles/us-district-court-finds-google%E2%80%99s-process-for-generating-media-content-availability

Universal Broadband Fund Promises to Connect 98% of Canadians to High-Speed Internet by 2026 Universal Broadband Fund Promises to Connect 98% of Canadians to High-Speed Internet by 2026

Regulatory Law
November 18, 2020November 18, 20202020-11-18
On November 9, 2020, the Canadian Government announced the launch of the $1.75 billion Universal Broadband Fund (the Fund), an investment aimed towards connecting more Canadians to high-speed internet, growing businesses and creating jobs.
Deeth Williams Wall https://www.dww.com/articles/universal-broadband-fund-promises-to-connect-98-of-canadians-to-highspeed-internet-by-2026

Canadian Privacy Commissioners Find Cadillac Fairview Collected Images and Biometric Information of Shoppers Without Knowledge or Consent Canadian Privacy Commissioners Find Cadillac Fairview Collected Images and Biometric Information of Shopp...

Privacy
November 4, 2020November 4, 20202020-11-04
On October 29, 2020 the Canadian Office of the Privacy Commissioner (OPC) published a news release finding that commercial real estate company Cadillac Fairview (Cadillac) contravened applicable privacy laws through the use of embedded cameras inside digital information kiosks across twelve Canadian shopping malls to collect images of customers and generate biometric information from the images without the customer's knowledge or consent.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioners-find-cadillac-fairview-collected-images-and-biometric

Federal Court of Canada Grants Summary Judgment Holding Canadian Patent Invalid for Obviousness Federal Court of Canada Grants Summary Judgment Holding Canadian Patent Invalid for Obviousness

Patent Litigation
November 4, 2020November 4, 20202020-11-04
On October 22, 2020, the Federal Court of Canada (the Court) issued its decision in Flatwork Technologies, LLC (Powerblanket) v Brierley, 2020 FC 997, a patent impeachment action brought under section 60(1) of the Patent Act. The Court granted summary judgment, invalidating Canadian Patent 2,383,341 (the ‘341 Patent), which describes an electric heating wrap for use on articulated hydraulic booms, on the basis of obviousness.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-summary-judgment-holding-canadian-patent-invalid-for

Office of the Privacy Commissioner of Canada Calls to Strengthen Privacy Protections Relating to Facial Recognition and Artificial Intelligence Technologies Office of the Privacy Commissioner of Canada Calls to Strengthen Privacy Protections Relating to Facial R...

Privacy
November 4, 2020November 4, 20202020-11-04
On October 27, 2020, the Office of the Privacy Commissioner of Canada (OPC) announced two resolutions adopted by the Global Privacy Assembly (GPA, formerly the International Conference of Data Protection and Privacy Commissioners) concerning the development and use of facial recognition technology and artificial intelligence (AI) systems.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-calls-to-strengthen-privacy-protections-relating

Patented Medicine Prices Review Board Publishes Updated Guidelines Patented Medicine Prices Review Board Publishes Updated Guidelines

Patents
November 4, 2020November 4, 20202020-11-04
On October 23, 2020, the Patented Medicine Prices Review Board (PMPRB) published final Guidelines, which set out the PMPRB’s approach to the price review process and investigations.
Deeth Williams Wall https://www.dww.com/articles/patented-medicine-prices-review-board-publishes-updated-guidelines

Exam Monitoring Solution, Proctortrack, Suffers Security Breach Exam Monitoring Solution, Proctortrack, Suffers Security Breach

Privacy
November 4, 2020November 4, 20202020-11-04
On October 13, 2020, Verificient Technologies (Verificient), the company that developed the exam proctoring program Proctortrack announced that a security breach was detected. According to the announcement, a preliminary assessment indicated that an unknown person gained unauthorized access to an automated testing server.
Deeth Williams Wall https://www.dww.com/articles/exam-monitoring-solution-proctortrack-suffers-security-breach

Indigenous Culture versus IP Rights: Ever, or Never, the Twain Shall Meet? Presentation Indigenous Culture versus IP Rights: Ever, or Never, the Twain Shall Meet? Presentation

Intellectual Property
October 23, 2020October 23, 20202020-11-05
Presentation by Gary Daniel of Deeth Williams Wall LLP and Madam Justice Fuhrer of the Federal Court of Canada exploring the philosophical conflicts between Indigenous culture and 21st-century intellectual property laws, their implications for the domestic and international protection of IP rights in the digital age and an overview of how laws in Canada and abroad are dealing with these issues. Watch the Video (Archive)
Deeth Williams Wall https://www.dww.com/articles/indigenous-culture-versus-ip-rights-ever-or-never-twain-shall-meet-presentation

Online Education Platform, OneClass, Reaches Agreement over Alleged Violations of Canada Anti-Spam Legislation Online Education Platform, OneClass, Reaches Agreement over Alleged Violations of Canada Anti-Spam Legisl...

CASL
October 21, 2020October 21, 20202020-10-21
On September 30, 2020, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it has reached an agreement with Notesolution Inc. (OneClass) regarding alleged violations of Canada’s Anti-spam Legislation (CASL).
Deeth Williams Wall https://www.dww.com/articles/online-education-platform-oneclass-reaches-agreement-over-alleged-violations-of-canada

USPTO Publishes a Report on Artificial Intelligence and Intellectual Property Policy USPTO Publishes a Report on Artificial Intelligence and Intellectual Property Policy

Intellectual Property
October 21, 2020October 21, 20202020-10-21
On October 6, 2020, the United States Patent and Trademark Office (USPTO) published its report entitled Public Views on Artificial Intelligence and Intellectual Property Policy (the Report) addressing the impact of artificial intelligence (AI) technology across the intellectual property (IP) landscape. The Report summarizes nearly 200 submissions received by the USPTO in response to two requests for comments soliciting public input on (i) patenting AI-based inventions; and (ii) other IP protections for AI technology, namely copyright, trademark, database protections, and trade secret law.
Deeth Williams Wall https://www.dww.com/articles/uspto-publishes-a-report-on-artificial-intelligence-and-intellectual-property-policy

Canadian Privacy Commissioner Opens Investigation into Cyberattacks on Canada Revenue Agency and other Federal Organizations Canadian Privacy Commissioner Opens Investigation into Cyberattacks on Canada Revenue Agency and other Fe...

Privacy
October 21, 2020October 21, 20202020-10-21
On October 13, 2020, the Office of the Privacy Commissioner of Canada (the OPC) announced it had launched investigations into recent cyber security incidents targeting Government of Canada organizations including, the Canada Revenue Agency (as reported previously by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner-opens-investigation-into-cyberattacks-on-canada-revenue

US Court of Appeals Finds that Stick-Shaped Cookie is Not Eligible for Trade Dress Protection US Court of Appeals Finds that Stick-Shaped Cookie is Not Eligible for Trade Dress Protection

Trademark and Copyright Litigation
October 21, 2020October 21, 20202020-10-21
On October 8, 2020, the US Court of Appeals for the Third Circuit (the Court) released its decision in Ezaki Glico Kabushiki Kaisha v Lotte International America Corp, No. 19-3010 (3d Cir. 2020), in which it upheld the decision of the District Court finding that the "Pocky" stick-shaped cookie design was functional and therefore not eligible for trade dress protection.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-finds-stickshaped-cookie-not-eligible-for-trade-dress-protection

Pandemic Highlights Urgency of Privacy Law Reform in Canadian Privacy Commissioner's Annual Report Pandemic Highlights Urgency of Privacy Law Reform in Canadian Privacy Commissioner's Annual Report

Privacy
October 21, 2020October 21, 20202020-10-21
The Office of the Privacy Commissioner of Canada (OPC) published its 2019-2020 Annual Report to Parliament (the Annual Report) on the Privacy Act and Personal Information Protection and Electronic Documents Act. In addition to providing statistical information, descriptions of business and government advisory work, and summaries of investigations, the Annual Report also discusses how the COVID-19 pandemic is raising important new privacy issues.
Deeth Williams Wall https://www.dww.com/articles/pandemic-highlights-urgency-of-privacy-law-reform-canadian-privacy-commissioners-annual

Shopify Notifies Office of Privacy Commissioner of Canada About Customer Data Breach Resulting From Actions of Two "Rogue" Employees Shopify Notifies Office of Privacy Commissioner of Canada About Customer Data Breach Resulting From Actio...

Privacy
October 7, 2020October 7, 20202020-10-07
On September 23, 2020, Canadian e-commerce company Shopify Inc. (Shopify) announced that, in accordance with its obligations under the Personal Information Protection and Electronic Documents Act (PIPEDA), it had notified the Office of the Privacy Commissioner of Canada (the OPC) about a security incident carried out by two "rogue" employees.
Deeth Williams Wall https://www.dww.com/articles/shopify-notifies-office-of-privacy-commissioner-of-canada-about-customer-data-breach

Federal Court of Appeal of Canada Upholds Largest Canadian Patent Infringement Award Federal Court of Appeal of Canada Upholds Largest Canadian Patent Infringement Award

Patent Litigation
October 7, 2020October 7, 20202020-10-07
In July of 2017, the Federal Court of Canada granted the largest damages award in Canadian history for patent infringement on the basis of an accounting of profits in Dow Chemical Company v Nova Chemical Corporation, 2017 FC 637, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-upholds-largest-canadian-patent-infringement-award

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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