In Oil States Energy Services, LLC v Greene's Energy Group, LLC, the US Supreme Court held that Inter Partes Review (IPR) proceedings before the US Patent Trial and Appeal Board (PTAB) do not violate Article III or the Seventh Amendment of the US Constitution.
Deeth Williams Wallhttps://www.dww.com/articles/us-supreme-court-holds-inter-partes-review-proceedings-as-constitutional
On March 5, 2018, the Canadian Patent Appeal Board in decision number 1443 regarding an application entitled “Systems and Methods for Providing Business Intelligence Based on Shipping Information” recommended that the application be refused on the basis that the claims are directed to non-statutory subject matter.
Deeth Williams Wallhttps://www.dww.com/articles/canadian-patent-appeal-board-rejects-business-intelligence-system-as-unpatentable-subject
On March 23, 2018, President Trump passed the Clarifying Lawful Overseas Use of Data Act, better known as the “Cloud Act”. The Act provides a streamlined framework for law enforcement to seek assistance from data hosting providers while pursuing criminal investigations.
Deeth Williams Wallhttps://www.dww.com/articles/us-cloud-act-enables-streamlined-process-for-law-enforcement-to-access-data-stored-outside
On March 7 2018, the Federal Court of Canada (FC) held that Kennedy Trust’s Canadian Patent No 2,261,630 (630 Patent) is valid and infringed by Hospira’s (Hospira) biosimilar infliximab which is marketed as INFLECTRA (Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research,
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-finds-new-use-infliximab-patent-valid-and-infringed-by-hospira
On September 21, 2017, the Certificate of Supplementary Protection Regulations (CSP Regulations) came into force in Canada. The CSP Regulations established a mechanism for drug manufacturers to obtain patent term extensions to account for marketing delays arising from the regulatory review time of a drug, up to a maximum of 2 years.
Deeth Williams Wallhttps://www.dww.com/articles/first-certificates-of-supplementary-protection-granted
Starting November 1 2018, companies governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), will be required to report data breaches to affected customers, third parties and the federal Privacy Commissioner. These companies in all provinces except Alberta, British Columbia and Québec, as well as federally-regulated businesses such as banks and telecommunications companies, will be covered by the upcoming data breach notification obligations.
Deeth Williams Wallhttps://www.dww.com/articles/pipeda%E2%80%99s-breach-of-notification-safeguards-come-into-force-november-1-2018
On March 22, 2018, the Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act was introduced into the U.S. House of Representatives. The STRONGER Patents Act seeks to strengthen the United States’ patent system, and also to stem abusive demand letters sent in bad faith.
Deeth Williams Wallhttps://www.dww.com/articles/us-stronger-patents-act-bill-introduced-to-boost-us-patent-protection
On March 26, 2018, Daniel Therrien, Privacy Commissioner of Canada (the Commissioner), announced that his office has launched a formal investigation into allegations of data sharing by Facebook in a scandal that has shaken the trust of many of Facebook’s users.
Deeth Williams Wallhttps://www.dww.com/articles/privacy-commissioner-of-canada-to-investigate-facebook-wake-of-cambridge-analytica
On March 22, 2018, the Federal Court of Appeal (Court) published its decision in The Canadian Copyright Licensing Agency, Operating as Access Copyright v Canada, 2018 FCA 58, dismissing Access Copyright’s application for judicial review of a decision by th
Deeth Williams Wallhttps://www.dww.com/articles/access-copyright%E2%80%99s-application-for-judicial-review-dismissed
The plaintiff in Andrew Collett v. Northland Art Company Ltd, Mr Collett, is a professional photographer who specializes in works of natural photography. The defendants, Northland Art Company Canada Inc and Bremner Fine Art Inc (Northland), had a business relationship with Mr Collett, selling prints of his artwork to consumers and resellers.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-awards-photographer-80000-copyright-and-moral-rights-claim
On February 27, 2018, in Rentmeester v Nike, Inc, the United States Court of Appeals for the Ninth Circuit (Court) affirmed the dismissal of a copyright infringement action brought by a photographer, Mr Jacobus Rentmeester, against Nike, Inc.
Deeth Williams Wallhttps://www.dww.com/articles/copyright-action-against-nike-dismissed
On March 2, 2018, in Spanski Enterprises, Inc v Telewizja Polska, SA, the United States Court of Appeals for the District of Columbia Circuit (the Court of Appeals) affirmed the lower court decision holding a foreign broadcaster liable for copyright infringement for allowing viewers in the US to stream the copyrig
Deeth Williams Wallhttps://www.dww.com/articles/us-court-of-appeals-confirms-application-of-us-copyright-law-to-foreign-originating
On March 5, 2018, the US District Court for the Northern District of California (Court) released its decision in in Immersion Corp v Fitbit, Inc, partially granting Fitbit’s motion to dismiss a patent infringement lawsuit.
Deeth Williams Wallhttps://www.dww.com/articles/fitbit-challenges-validity-of-haptic-feedback-patents