On August 3, 2018, the Ontario Court of Appeal issued its decision in Ontario Medical Association v Ontario (Information and Privacy Commissioner), 2018 ONCA 673, finding that the names of the top 100 physician billers to OHIP and amounts billed are not “p
Deeth Williams Wallhttps://www.dww.com/articles/court-of-appeal-rules-names-of-top-physician-ohip-billers-are-not-%E2%80%9Cpersonal-information%E2%80%9D
A New Jersey federal judge has granted the defendant, Raymours Furniture Co Inc’s, motion to transfer venue of a putative class action to New York federal court based on the forum selection clause in a sweepstakes agreement to which the plaintiff named in the sweepstakes law class action, Evelyn Manopla, consented when she provided her
Deeth Williams Wallhttps://www.dww.com/articles/us-court-finds-forum-selection-clause-a-clickwrap-agreement-enforceable
In GoPro, Inc v Contour IP Holding, the US Patent Trial and Appeal Board (PTAB) found that a GoPro catalog disseminated at a trade show tailored to dealers and wholesale distributors did not qualify as a prior art printed publication under Section 102(b) of 35 U.S.
Deeth Williams Wallhttps://www.dww.com/articles/us-court-of-appeal-addresses-what-deemed-%E2%80%9Cpublicly-accessible%E2%80%9D-for-prior-art-printed
On July 31, 2018, the Society of Composers, Authors & Music Publishers of Canada (SOCAN) announced that it has merged operations with the Society for Reproduction Rights of Authors, Composers & Publishers in Canada (SODRAC).
Deeth Williams Wallhttps://www.dww.com/articles/collective-rights-societies-socan-and-sodrac-merge
On July 18, 2018, the European Commission fined Google €4.34 billion for breaching EU antitrust rules. According to the Commission, Google engaged in three separate practices aiming to cement its dominant position in general internet search services:
Deeth Williams Wallhttps://www.dww.com/articles/google-faces-largest-ever-fine-imposed-by-european-commission-for-breaching-european-union
On June 28, 2018, the European Court of Human Rights (ECHR) held in the matter of ML and WW v Germany (No 60798/10 65599/10) that the right to be forgotten cannot trump the public’s right to access archived news.
Deeth Williams Wallhttps://www.dww.com/articles/eu-court-of-human-rights-has-held-righttobeforgotten-cannot-trump-public%E2%80%99s-right-to-access
On June 29, 2018 the US Federal Court found that the US Postal Service (USPS) infringed copyright by mistakenly putting a photo of a replica of the Statue of Liberty found on the Las Vegas Strip on roughly 3.5 billion stamps. The sculptor of the Las Vegas replica, Robert S.
Deeth Williams Wallhttps://www.dww.com/articles/usps-to-pay-35m-after-misidentifying-statue-of-liberty-on-stamp
In a recent 4-3 decision, in Hassell v Bird, California’s Supreme Court has reversed a lower court’s decision and held that businesses cannot force Yelp Inc, an online platform that publishes third-party reviews of local businesses, to remove reviews found by the lower court to be defamatory from its platform.
Deeth Williams Wallhttps://www.dww.com/articles/california-supreme-court-rules-yelp-can%E2%80%99t-be-ordered-to-remove-negative-user-reviews
On June 18, 2018, the Canadian Senate voted to pass the Cannabis Act, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, by a vote of 52-29.
Deeth Williams Wallhttps://www.dww.com/articles/senate-passes-marijuana-legislation