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 Wallhttps://www.dww.com/articles/federal-court-considers-amendment-of-pleadings-made-subsequent-to-scc%E2%80%99s-promise-doctrine
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 Wallhttps://www.dww.com/articles/health-canada-consulting-on-drug-and-device-fee-increases
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 Wallhttps://www.dww.com/articles/privacy-commissioner-provides-comment-regarding-proposed-breach-of-security-safeguards
On September 19, 2017, in an unpublished memorandum, the United States Court of Appeals for the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over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 Wallhttps://www.dww.com/articles/us-court-of-appeals-affirms-enforceability-of-amazon%E2%80%99s-terms-of-service
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 Wallhttps://www.dww.com/articles/canada%E2%80%99s-trademarks-act-amended-to-expand-protection-for-geographical-indications
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 Wallhttps://www.dww.com/articles/ceta-implementation-guidance-documents-and-notices-released-to-address-amendments-to-pmnoc
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 Wallhttps://www.dww.com/articles/quebec-court-refuses-to-reject-action-based-on-unauthorized-use-of-halloumi-cheese
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 Wallhttps://www.dww.com/articles/ceta-implementation-act-comes-into-force-on-september-21-2017
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 Wallhttps://www.dww.com/articles/federal-court-rejects-apotex%E2%80%99s-noninfringing-alternatives-omeprazole-profits-reference
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 Wallhttps://www.dww.com/articles/privacy-commissioner-of-canada-responds-to-equifax-data-breach