Federal Court Considers Amendment of Pleadings Made Subsequent to SCC’s Promise Doctrine Decision Federal Court Considers Amendment of Pleadings Made Subsequent to SCC’s Promise Doctrine Decision

Pharmaceutical Patent Litigation
November 1, 2017November 1, 20172017-11-01
In Apotex Inc v Shire LLC, 2017 FC 831, Apotex Inc. sought leave to amend its statement of claim. Apotex had brought an action against Shire LLC for a declaration of non-infringement and invalidity of a Canadian patent.
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-amendment-of-pleadings-made-subsequent-to-scc%E2%80%99s-promise-doctrine

Ontario Court of Appeal Dismisses Appeal Against Teranet Ontario Court of Appeal Dismisses Appeal Against Teranet

Copyright
October 18, 2017October 18, 20172017-11-07
On September 28, 2017, the Ontario Court of Appeal (Court) released its decision in Keatley Surveying Ltd v Teranet Inc, 2017 ONCA 748,
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-dismisses-appeal-against-teranet

Health Canada Consulting on Drug and Device Fee Increases Health Canada Consulting on Drug and Device Fee Increases

Food and Drug
October 18, 2017October 18, 20172017-10-18
On October 13, 2017, Health Canada released a consultation document on proposed changes to fees associated with government activities related to drug (including veterinary drug) submission reviews, medical device submission reviews, Establishment Licences, and annual right-to-sell fees for the same. Recent governmental policy changes on fee setting make this possible for the regulator.
Deeth Williams Wall https://www.dww.com/articles/health-canada-consulting-on-drug-and-device-fee-increases

Privacy Commissioner Provides Comment Regarding Proposed Breach of Security Safeguards Regulations Privacy Commissioner Provides Comment Regarding Proposed Breach of Security Safeguards Regulations

Privacy
October 18, 2017October 18, 20172017-10-18
On October 2, 2017, the Office of the Privacy Commissioner of Canada (OPCC) sent a letter to the Department of Innovation, Science and Economic Development regarding the proposed Breach of Security Safeguards Regulations that
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-provides-comment-regarding-proposed-breach-of-security-safeguards

US Court of Appeals Affirms Enforceability of Amazon’s Terms of Service US Court of Appeals Affirms Enforceability of Amazon’s Terms of Service

Technology Contracting
October 18, 2017October 18, 20172017-10-18
On September 19, 2017, in an unpublished memorandum, the United States Court of Appeals for the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazo
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-affirms-enforceability-of-amazon%E2%80%99s-terms-of-service

Australian Court Upholds Exclusive Jurisdiction Clause in Online Agreement Australian Court Upholds Exclusive Jurisdiction Clause in Online Agreement

Technology Contracting
October 18, 2017October 18, 20172017-10-18
On August 28, 2017, the Supreme Court of New South Wales (Court) issued its decision in Gonzalez v Agoda Company Pte Ltd (2017 NSWSC 1133) upholdin
Deeth Williams Wall https://www.dww.com/articles/australian-court-upholds-exclusive-jurisdiction-clause-online-agreement

Australian Appeal Court Finds Google Liable for Publication of Defamatory Content Australian Appeal Court Finds Google Liable for Publication of Defamatory Content

Information Technology
October 18, 2017October 18, 20172017-10-18
On October 4, 2017, the Supreme Court of South Australia (Court), in Google Inc v Duffy, [2017] SASCFC 130, affirmed that Google is liable for the public
Deeth Williams Wall https://www.dww.com/articles/australian-appeal-court-finds-google-liable-for-publication-of-defamatory-content

Canada’s Federal Court of Appeal Applies Supreme Court’s Utility Test for the First Time to Uphold Validity of BMS’ Dasatinib Patent Canada’s Federal Court of Appeal Applies Supreme Court’s Utility Test for the First Time to Uphold Validi...

Patent Litigation
October 4, 2017October 4, 20172017-10-04
On September 18, 2017, Canada’s Federal Court of Appeal (FCA) released its decision in BMS v Apotex Inc, 2017 FCA 190, reversing the Federal Court’s (FC) decision (
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-federal-court-of-appeal-applies-supreme-court%E2%80%99s-utility-test-for-first-time-to

Federal Court Clarifies When Use Must Commence for “Use in Canada” Filing Basis Federal Court Clarifies When Use Must Commence for “Use in Canada” Filing Basis

Trademark
October 4, 2017October 4, 20172017-10-04
In its decision in Les Marques Metro / Metro Brands SENC v 1161396 Ontario Inc. (2017 FC 806), the Federal Court (FC) confirmed that an applied-for trade-mark must have been used in association w
Deeth Williams Wall https://www.dww.com/articles/federal-court-clarifies-when-use-must-commence-for-%E2%80%9Cuse-canada%E2%80%9D-filing-basis

Canada’s Trade-marks Act Amended to Expand Protection for Geographical Indications Canada’s Trade-marks Act Amended to Expand Protection for Geographical Indications

Trademark
October 4, 2017October 4, 20172017-10-04
On September 21, 2017, Canada’s Trade-marks Act (Act) was amended as a result of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act (CETA), expanding the definition of geographical indication (GI) to include agricultural products and foods.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-trademarks-act-amended-to-expand-protection-for-geographical-indications
Patent
October 4, 2017October 4, 20172017-10-04
Due to the coming into force of the majority of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (“CETA Implementation”) on September 21, 2017, the Canadian Government and the Federal Court have released various guidance documen
Deeth Williams Wall https://www.dww.com/articles/ceta-implementation-guidance-documents-and-notices-released-to-address-amendments-to-pmnoc

Canadian Border Services Agency Introduces Reporting Mechanism for Dangerous Counterfeit Goods Canadian Border Services Agency Introduces Reporting Mechanism for Dangerous Counterfeit Goods

Trademark
October 4, 2017October 4, 20172017-10-04
On September 13, 2017, the Canada Border Services Agency (CBSA) published Customs Notice 17-27 on reporting shipments of dangerous counterfeit or pirated goods.
Deeth Williams Wall https://www.dww.com/articles/canadian-border-services-agency-introduces-reporting-mechanism-for-dangerous-counterfeit

Quebec Court Refuses to Reject Action based on Unauthorized Use of HALLOUMI with Cheese Quebec Court Refuses to Reject Action based on Unauthorized Use of HALLOUMI with Cheese

Trademark and Copyright Litigation
September 20, 2017September 20, 20172017-09-20
In Ministry of Energy and Tourism of the Republic of Cyprus v 3878422 Canada Inc. (2017 QCCS 3803), the Superior Court of Quebec (the Court) refused to dismiss an action based on the unauthorized use of HALLOUMI and HALOMI with cheese.
Deeth Williams Wall https://www.dww.com/articles/quebec-court-refuses-to-reject-action-based-on-unauthorized-use-of-halloumi-cheese

CETA Implementation Act Comes Into Force on September 21, 2017 CETA Implementation Act Comes Into Force on September 21, 2017

Pharmaceutical Patent Litigation
September 20, 2017September 20, 20172017-09-20
On August 31, 2017, by Orders in Council, the Government of Canada announced that the majority of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act will come into force on September 21, 2017. The provisions that will come into force include:
Deeth Williams Wall https://www.dww.com/articles/ceta-implementation-act-comes-into-force-on-september-21-2017

Federal Court Rejects Apotex’s Non-Infringing Alternatives in Omeprazole Profits Reference Federal Court Rejects Apotex’s Non-Infringing Alternatives in Omeprazole Profits Reference

Pharmaceutical Patent Litigation
September 20, 2017September 20, 20172017-09-20
The Federal Court (FC) recently issued its Public Judgment and Reasons regarding the financial compensation to be paid by Apotex as a result of Apotex’s infringement of AstraZeneca’s Canadian omeprazole formulation patent in AstraZeneca v Apotex Inc, 2017 FC 726.
Deeth Williams Wall https://www.dww.com/articles/federal-court-rejects-apotex%E2%80%99s-noninfringing-alternatives-omeprazole-profits-reference

Proposed Breach of Security Safeguards Regulations Released Proposed Breach of Security Safeguards Regulations Released

Information Technology
September 20, 2017September 20, 20172017-09-20
On June 18, 2015, the Digital Privacy Act (Bill S-4) amended Canada’s private sector privacy law, the Personal Information Protection and Electronic Doc
Deeth Williams Wall https://www.dww.com/articles/proposed-breach-of-security-safeguards-regulations-released

Federal Court of Appeal Denies CarGurus’ Appeal from Competition Tribunal Federal Court of Appeal Denies CarGurus’ Appeal from Competition Tribunal

Copyright
September 20, 2017September 20, 20172017-09-20
On May 24, 2017, the Federal Court of Appeal (FCA) issued its decision in Cargurus Inc v Trader Corporation (2017 FCA 181).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-denies-cargurus%E2%80%99-appeal-from-competition-tribunal

Privacy Commissioner of Canada Responds to Equifax Data Breach Privacy Commissioner of Canada Responds to Equifax Data Breach

Information Technology
September 20, 2017September 20, 20172017-09-20
On September 7, 2017, Equifax, a provider of consumer credit reports, reported that it had experienced a data breach affecting the personal information for as many as 143 million people located in or having dealings with the US.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-responds-to-equifax-data-breach

Ontario Superior Court of Justice Enjoins Software Licensor From Shutting Down Website Ontario Superior Court of Justice Enjoins Software Licensor From Shutting Down Website

Information Technology
September 6, 2017September 6, 20172017-09-06
On August 11, 2017, the Ontario Superior Court of Justice (Court) issued its decision in Propurchaser.com v Wifidelity Inc (2017 ONSC 4905) enjoining the defendants, Wifidelity
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-enjoins-software-licensor-from-shutting-down-website

Copyright Board Releases Decision on Scope of Making Available Right under the Copyright Act Copyright Board Releases Decision on Scope of Making Available Right under the Copyright Act

Copyright
September 6, 2017September 6, 20172017-09-06
On August 25, 2017, the Canadian Copyright Board released its decision on the scope of subsection 2.4(1.1) of the Copyright Act, which includes mak
Deeth Williams Wall https://www.dww.com/articles/copyright-board-releases-decision-on-scope-of-making-available-right-under-copyright-act