Federal Court Finds New Use Infliximab Patent Valid and Infringed by Hospira Federal Court Finds New Use Infliximab Patent Valid and Infringed by Hospira

Pharmaceutical Patent Litigation
April 18, 2018April 18, 20182018-04-18
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, 2018 FC 259).
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-new-use-infliximab-patent-valid-and-infringed-by-hospira

First Certificates of Supplementary Protection Granted First Certificates of Supplementary Protection Granted

Regulatory Law
April 18, 2018April 18, 20182018-04-18
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 Wall https://www.dww.com/articles/first-certificates-of-supplementary-protection-granted

Google Fails in Bid to Vary or Set Aside Injunction in Google Equustek Row Google Fails in Bid to Vary or Set Aside Injunction in Google Equustek Row

Information Technology
April 18, 2018April 18, 20182018-04-18
On April 16, 2018, the Supreme Court of British Columbia (BCSC)  in 2018 BCSC 610 dismissed Google’s application to set aside or vary the injunction ordered in Equustek Solutions Inc v Jack, 2014 BCSC 1063 (upheld on appeal 2015 BCCA 265,
Deeth Williams Wall https://www.dww.com/articles/google-fails-bid-to-vary-or-set-aside-injunction-google-equustek-row

Federal Court Considers Motion Under Recently Amended PM(NOC) Regulations Federal Court Considers Motion Under Recently Amended PM(NOC) Regulations

Patent
April 18, 2018April 18, 20182018-04-18
On March 15, 2018, in Genentech Inc v Amgen Canada Inc, 2018 FC 303, the Federal Court  of Canada (FC) considered a motion relating to an abuse of process motion brought by Amgen under section 6.08 of the amended PM(NOC) Regulations. This decision relates to Genentech’s motion to dismiss or stay the section 6.08 motion. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-motion-under-recently-amended-pmnoc-regulations

PIPEDA’s Breach Notification Safeguards Come into Force November 1, 2018 PIPEDA’s Breach Notification Safeguards Come into Force November 1, 2018

Information Technology
April 18, 2018April 18, 20182018-04-19
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 Wall https://www.dww.com/articles/pipeda%E2%80%99s-breach-notification-safeguards-come-into-force-november-1-2018

U.S. STRONGER Patents Act Bill Introduced to Boost U.S. Patent Protection U.S. STRONGER Patents Act Bill Introduced to Boost U.S. Patent Protection

Patent
April 3, 2018April 3, 20182018-04-04
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 Wall https://www.dww.com/articles/us-stronger-patents-act-bill-introduced-to-boost-us-patent-protection

Federal Court Sets Aside Transfer of Trademark Requested in the Course of an Undisclosed Contractual Dispute Federal Court Sets Aside Transfer of Trademark Requested in the Course of an Undisclosed Contractual Disp...

Trademark
April 3, 2018April 3, 20182018-04-04
On March 20, 2018, the Federal Court of Canada (the Court) set aside the Registrar of Trademarks’ transfer of Registration No. TMA792,915 for DAYTON (Dayton Boot Co Enterprises Ltd v Red Cat Ltd, 2018 FC 316). The Court set aside the Registrar’s decision on the grounds of an absence of evidence, procedural fairness and improper purpose.
Deeth Williams Wall https://www.dww.com/articles/federal-court-sets-aside-transfer-of-trademark-requested-course-of-an-undisclosed

Privacy Commissioner of Canada to Investigate Facebook in Wake of Cambridge Analytica Allegations Privacy Commissioner of Canada to Investigate Facebook in Wake of Cambridge Analytica Allegations

Privacy
April 3, 2018April 3, 20182018-04-04
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 Wall https://www.dww.com/articles/privacy-commissioner-of-canada-to-investigate-facebook-wake-of-cambridge-analytica

Access Copyright’s Application for Judicial Review Dismissed Access Copyright’s Application for Judicial Review Dismissed

Copyright
April 3, 2018April 3, 20182018-04-04
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 the Copyright Board (Board) certifying the royalties that provincial and territorial governments must pay Access Copyright for the reproduction of copyright-protected works.
Deeth Williams Wall https://www.dww.com/articles/access-copyright%E2%80%99s-application-for-judicial-review-dismissed

U.S. Court of Appeals Remands Oracle v Google Dispute for a Trial on Damages U.S. Court of Appeals Remands Oracle v Google Dispute for a Trial on Damages

Trademark and Copyright Litigation
April 3, 2018April 3, 20182018-04-04
In the ongoing dispute between Oracle America, Inc. and Google LLC, the United States Court of Appeals for the Federal Circuit (the Court of Appeals) reversed the decision from the United States District Court for the Northern District of California (the District Court) denying Oracle’s motion for judgment as a matter of law, and for a new trial.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-remands-oracle-v-google-dispute-for-a-trial-on-damages

Federal Court Orders Patent Records Varied to Correct Corporate Name Federal Court Orders Patent Records Varied to Correct Corporate Name

Patent
April 3, 2018April 3, 20182018-04-04
On March 19, 2018, in Copperhead Industrial Inc v Attorney General of Canada, 2018 FC 311, the Federal Court of Canada (Court) granted an application to vary records relating to patents numbered 2,614,533 and 2,919,266 (collectively, the Patents) to correct the corporate name of the owner of the Patents. The applicant, Copperhead Industrial Inc.
Deeth Williams Wall https://www.dww.com/articles/federal-court-orders-patent-records-varied-to-correct-corporate-name

Federal Court Awards Photographer $80,000 in Copyright and Moral Rights Claim Federal Court Awards Photographer $80,000 in Copyright and Moral Rights Claim

Copyright
March 21, 2018March 21, 20182018-03-21
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 Wall https://www.dww.com/articles/federal-court-awards-photographer-80000-copyright-and-moral-rights-claim

Copyright Action Against Nike Dismissed Copyright Action Against Nike Dismissed

Copyright
March 21, 2018March 21, 20182018-03-21
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 Wall https://www.dww.com/articles/copyright-action-against-nike-dismissed

US Court of Appeals Confirms Application of US Copyright Law to Foreign Originating Content US Court of Appeals Confirms Application of US Copyright Law to Foreign Originating Content

Copyright
March 21, 2018March 21, 20182018-03-21
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 copyrighted content.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-confirms-application-of-us-copyright-law-to-foreign-originating

Fitbit Challenges Validity of Haptic Feedback Patents Fitbit Challenges Validity of Haptic Feedback Patents

Patent
March 21, 2018March 21, 20182018-03-21
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 Wall https://www.dww.com/articles/fitbit-challenges-validity-of-haptic-feedback-patents

Washington State Legislature Passes State-Level Net Neutrality Law Washington State Legislature Passes State-Level Net Neutrality Law

Information Technology
March 21, 2018March 21, 20182018-03-21
On February 27, 2018, the Washington State Senate passed Substitute House Bill 2282, “An Act Relating to Protecting an Open Internet in Washington State.” The law implements, at the state level, the net neutrality regulations repealed by the US Federal Communications Commission (FCC) on December 14, 2017. Washington is the first state to implement its own net neutrality requirements following the FCC’s repeal.
Deeth Williams Wall https://www.dww.com/articles/washington-state-legislature-passes-statelevel-net-neutrality-law

US Federal Circuit Upholds a Method of Detecting Body Temperature as Patent-Eligible US Federal Circuit Upholds a Method of Detecting Body Temperature as Patent-Eligible

Patent
March 21, 2018March 21, 20182018-03-21
In Exergen Corp v Kaz USA, Inc, Appeal Nos. 2016-2315, 2016-2341 (Fed Cir, March 8, 2018) (non-precedential disposition), the majority upheld a lower court’s post-trial ruling that claims to a method for detecting body temperature using temperature readings from the forehead skin and ambient temperature were patent-eligible under 35 USC § 101.
Deeth Williams Wall https://www.dww.com/articles/us-federal-circuit-upholds-a-method-of-detecting-body-temperature-as-patenteligible

Google Equustek Battle Returns to Canadian Soil Google Equustek Battle Returns to Canadian Soil

Information Technology
March 8, 2018March 8, 20182018-03-08
The long running battle between Google and Equustek has relocated north of the border. Background 
Deeth Williams Wall https://www.dww.com/articles/google-equustek-battle-returns-to-canadian-soil

Canada’s Federal Court of Appeal Confirms that a Dead Patent Application Cannot be Revived Canada’s Federal Court of Appeal Confirms that a Dead Patent Application Cannot be Revived

Patent
March 7, 2018March 7, 20182018-03-07
In University of Alberta v. Canada (Attorney General), 2018 FCA 36, the Federal Court of Appeal of Canada (FCA) dismissed an appeal by the University of Alberta and Alberta Health Services (Appellants) from the Federal Court (FC) decision dismissing the Appellants’ application for judicial review of three decisions by the Commissioner of Patents (“Commissioner”) regarding Canadian Patent Application No.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-federal-court-of-appeal-confirms-a-dead-patent-application-cannot-be-revived

CIPO News: Annual Report Released, Taiwan PPH Announced, and More CIPO News: Annual Report Released, Taiwan PPH Announced, and More

Intellectual Property
March 7, 2018March 7, 20182018-03-07
Annual Report for 2016-2017
Deeth Williams Wall https://www.dww.com/articles/cipo-news-annual-report-released-taiwan-pph-announced-and-more

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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