The EU Court of Human Rights has Held that the Right-to-be-Forgotten Cannot Trump the Public’s Right to Access News The EU Court of Human Rights has Held that the Right-to-be-Forgotten Cannot Trump the Public’s Right to A...

Privacy
July 11, 2018July 11, 20182018-07-11
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. The matter was brought by two brothers who petitioned the Court in an attempt to anonymize archived media reports relating to their conviction in a high-profile murder in 1993.
Deeth Williams Wall https://www.dww.com/articles/eu-court-of-human-rights-has-held-righttobeforgotten-cannot-trump-public%E2%80%99s-right-to-access

Apple and Samsung Settle Patent Dispute Apple and Samsung Settle Patent Dispute

Patent Litigation
July 11, 2018July 11, 20182018-07-11
On June 27, 2018, Apple Inc and Samsung Electronics Co filed a joint notice of settlement with the United States District Court Northern District of California, ending a seven-year legal battle relating to design and utility patents covering aspects of Apple iPhone’s screen shape and icon layout.
Deeth Williams Wall https://www.dww.com/articles/apple-and-samsung-settle-patent-dispute

USPS To Pay $3.5M After Misidentifying Statue of Liberty on Stamp USPS To Pay $3.5M After Misidentifying Statue of Liberty on Stamp

Copyright
July 11, 2018July 11, 20182018-07-11
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 Wall https://www.dww.com/articles/usps-to-pay-35m-after-misidentifying-statue-of-liberty-on-stamp

Computer Search Found to Violate Section 8 Charter Rights Computer Search Found to Violate Section 8 Charter Rights

Privacy
July 11, 2018July 11, 20182018-07-11
On June 21, 2018, the Alberta Court of Appeal issued its decision in R v Villaroman (2018 ABCA 220), finding that Mr Villaroman’s section 8 Charter right to be secure against unreasonable search or seizure were violated by a computer search authorized under the general warrant provisions of the Criminal Code (Code). 
Deeth Williams Wall https://www.dww.com/articles/computer-search-found-to-violate-section-8-charter-rights

The California Supreme Court Rules Yelp Can’t Be Ordered To Remove Negative User Reviews The California Supreme Court Rules Yelp Can’t Be Ordered To Remove Negative User Reviews

Information Technology
July 11, 2018July 11, 20182018-07-11
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 Wall https://www.dww.com/articles/california-supreme-court-rules-yelp-can%E2%80%99t-be-ordered-to-remove-negative-user-reviews

Senate Passes Marijuana Legislation Senate Passes Marijuana Legislation

Regulatory Law
June 27, 2018June 27, 20182018-06-27
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. The Senate had proposed 46 amendments to the Cannabis Act. The ruling Liberal government rejected 13 of those proposed changes last week — including one provision that would have affirmed the provinces' right to ban home cultivation of marijuana. The provinces of Quebec and Manitoba have indicated that they will ban home grows before the Act comes into effect.
Deeth Williams Wall https://www.dww.com/articles/senate-passes-marijuana-legislation

Canadian Music Industry Lobbies Government for New Smartphone Tariff Canadian Music Industry Lobbies Government for New Smartphone Tariff

Copyright
June 27, 2018June 27, 20182018-06-27
On December 13, 2017, the Canadian government kicked off its review of the Copyright Act by asking the Standing Committee on Industry, Science and Technology (“Standing Committee”) to review the statute.  Since beginning its statutory review, the Standing Committee has met with over 100 stakeholders.
Deeth Williams Wall https://www.dww.com/articles/canadian-music-industry-lobbies-government-for-new-smartphone-tariff

U.S. Supreme Court Rules States May Collect Sales Tax from Internet Retailers U.S. Supreme Court Rules States May Collect Sales Tax from Internet Retailers

Information Technology
June 27, 2018June 27, 20182018-06-27
On June 21, 2018, in South Dakota v. Wayfair, Inc., et al., the U.S. Supreme Court ruled that states may collect sales tax from internet retailers. 
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-rules-states-may-collect-sales-tax-from-internet-retailers

Update: Leave to Appeal to Supreme Court of Canada Granted in Keatley Surveying Ltd v Teranet Inc Update: Leave to Appeal to Supreme Court of Canada Granted in Keatley Surveying Ltd v Teranet Inc

Copyright
June 27, 2018June 27, 20182018-06-27
On June 21, 2018, The Supreme Court of Canada granted Keatley Surveying Ltd’s (Keatley) application to appeal and Teranet Inc’s (Teranet) application to cross-appeal from the judgement of the Court of Appeal for Ontario. This decision was previously reported in the E-TIPS® newsletter. E-TIPS® newsletter will continue to follow this appeal and update readers with any developments. Background
Deeth Williams Wall https://www.dww.com/articles/update-leave-to-appeal-to-supreme-court-of-canada-granted-keatley-surveying-ltd-v-teranet

USPTO Issues Guidance on Patent Eligibility of Method of Treatment Claims USPTO Issues Guidance on Patent Eligibility of Method of Treatment Claims

Patent
June 27, 2018June 27, 20182018-06-27
On June 7, 2018, the USPTO issued new guidance in the form of a memo to its examining corps discussing the US Court of Appeals for the Federal Circuit’s (Federal Circuit) decision in Vanda Pharmaceuticals Inc v West-Ward Pharmaceuticals, 887 F 3d 1117 (Fed Circ 2018) (Vanda).
Deeth Williams Wall https://www.dww.com/articles/uspto-issues-guidance-on-patent-eligibility-of-method-of-treatment-claims

Supreme Court of Canada Considers Forum and Jurisdiction in Cyber Libel Case Supreme Court of Canada Considers Forum and Jurisdiction in Cyber Libel Case

Telecommunications
June 13, 2018June 13, 20182018-06-13
On June 6 2018, the Supreme Court of Canada (SCC) released its judgement in Haaretz v Goldhar, 2018 SCC 28, a significant decision considering conflict of laws rules in the context of an Internet defamation case.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-considers-forum-and-jurisdiction-cyber-libel-case

Lack of Utility Strikes Patent in Safe Gaming System v Atlantic Lottery Corporation Lack of Utility Strikes Patent in Safe Gaming System v Atlantic Lottery Corporation

Patent
June 13, 2018June 13, 20182018-06-13
On May 25, 2018, in Safe Gaming System v Atlantic Lottery Corporation, 2018 FC 542, Justice McVeigh for the Federal Court of Canada found that the claims of CA 2,331,238 (‘238) were invalid for lack of utility and for insufficiency.  Justice McVeigh also noted that even if the ‘238 Patent had been valid, the defendant’s system did not infringe the patent.
Deeth Williams Wall https://www.dww.com/articles/lack-of-utility-strikes-patent-safe-gaming-system-v-atlantic-lottery-corporation

Public Consultations for Industrial Design Office Practice Manual Now Open Public Consultations for Industrial Design Office Practice Manual Now Open

Industrial Design
June 13, 2018June 13, 20182018-06-13
On May 30, 2018, the Canadian Intellectual Property Office (CIPO) began its public consultations on a new Industrial Design Office Practice Manual (IDOP). The IDOP is the primary public source for information on how to file and prosecute an application for industrial design registration in Canada. Public consultations on the proposed IDOP will run for 30 days until June 29, 2018.
Deeth Williams Wall https://www.dww.com/articles/public-consultations-for-industrial-design-office-practice-manual-now-open

Application for Summary Judgement Dismissed in Maple Leaf Image Copyright Dispute Application for Summary Judgement Dismissed in Maple Leaf Image Copyright Dispute

Copyright
June 13, 2018June 13, 20182018-06-13
On April 23, 2017, the Supreme Court of British Columbia (“Court”) issued its decision in Hunter v British Columbia Lottery Corporation, 2018 BCSC 816, dismissing an application for summary judgement. 
Deeth Williams Wall https://www.dww.com/articles/application-for-summary-judgement-dismissed-maple-leaf-image-copyright-dispute

Courts Continue to Struggle with Concept of Keyword Metatags Courts Continue to Struggle with Concept of Keyword Metatags

Trademark
May 30, 2018May 30, 20182018-05-30
In Adidas America, Inc v Skechers USA, Inc (9th Circuit May 10, 2018), the United States Court of Appeals for the Ninth Circuit affirmed, in part, an injunction granted against Skechers which enjoined it from selling shoes that allegedly infringe and dilute Adidas’s Stan Smith trade dress and Three-Stripe mark. Skechers made use of Adidas’s marks in its keyword metatags, and thereby promoted its own competing products by using Adidas’s trademarks.
Deeth Williams Wall https://www.dww.com/articles/courts-continue-to-struggle-concept-of-keyword-metatags

UK Supreme Court Enforces “No Oral Modification” Clause in a Licence Agreement UK Supreme Court Enforces “No Oral Modification” Clause in a Licence Agreement

Information Technology
May 30, 2018May 30, 20182018-05-30
In Rock Advertising Ltd v MWB Business Exchange Centres Ltd, [2018] UKSC 24, the UK Supreme Court has found a clause in a commercial agreement that prohibited oral modification of the agreement to be enforceable, thereby restoring the finding of the county court, which had been reversed by the Court of Appeal.
Deeth Williams Wall https://www.dww.com/articles/uk-supreme-court-enforces-%E2%80%9Cno-oral-modification%E2%80%9D-clause-a-licence-agreement

Privacy Commissioner of Canada Presents Views on Financial Technology Organizations and Privacy to Parliament Privacy Commissioner of Canada Presents Views on Financial Technology Organizations and Privacy to Parlia...

Privacy
May 30, 2018May 30, 20182018-05-30
On May 9, 2018, the Privacy Commissioner of Canada appeared before the Standing Senate Committee on Banking, Trade and Commerce to present his views in relation to Division 16 of Bill C-74, the Budget Implementation Act.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-presents-views-on-financial-technology-organizations-and

Buyer Beware on VRBO: US Court of Appeals Finds no Fraud in Bogus Listing Buyer Beware on VRBO: US Court of Appeals Finds no Fraud in Bogus Listing

Information Technology
May 30, 2018May 30, 20182018-05-30
In Hiam v Homeaway.com (1st Circuit, April 12, 2018), Peter Hiam sued HomeAway.com Inc for fraud in connection with a vacation rental posted on VRBO (or “Vacation Rentals by Owner”), owned by HomeAway.com Inc. VRBO is a website on which users can list properties for rent, and users my rent properties from others.
Deeth Williams Wall https://www.dww.com/articles/buyer-beware-on-vrbo-us-court-of-appeals-finds-no-fraud-bogus-listing

Video on Demand Patent Found Not to be Patent-Eligible Subject Matter Video on Demand Patent Found Not to be Patent-Eligible Subject Matter

Patent
May 30, 2018May 30, 20182018-05-30
On March 5, 2018, the Canadian Patent Appeal Board, in decision number 1448 regarding an application entitled “Video content navigation with revenue maximization”, recommended that the application be refused on the basis that the claims in the application did not define statutory subject matter, contrary to section 2 of the Patent Act.
Deeth Williams Wall https://www.dww.com/articles/video-on-demand-patent-found-not-to-be-patenteligible-subject-matter

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