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Intellectual Property

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Tuesday, September 25, 2018 @ 1:39 PM

Torrent of claims still an open question Chipcard_sm.jpg

Back in January, I wrote in The Lawyers Daily about “A torrent of claims: Preparing for a new era in copyright.” At the time, it looked like the Supreme Court’s eventual decision in Rogers Communications Inc. v. Voltage Pictures, LLC  would answer the question: Are we going to see explosive growth in mass copyright litigation in Canada? The Supreme Court issued its decision on Sept. 14, but it did not answer that all-important question. ... [read more]

Tuesday, September 25, 2018 @ 11:12 AM

Gardère new IP partner with Gowling WLG’s Montreal office

Gowling WLG announced that Sébastien Gardère has joined the firm as a partner in its Montreal office and member of the firm’s intellectual property (IP) and advertising & product regulatory groups.   ... [read more]

Friday, September 21, 2018 @ 12:15 PM

Smart & Biggar adds seven lawyers in three offices

Smart & Biggar has added seven new lawyers to the firm, adding to the depth and breadth of its practice groups across Canada. ... [read more]

Friday, September 21, 2018 @ 11:30 AM

Challenging a competitor’s patent at the patent office Copieddesigns2_sm.jpg

A court action is the most effective proceeding to invalidate a competitor’s patent, since invalidity issues can be explored in detail with significant expert evidence to assist the court. However, patent litigation can be expensive and time consuming. Patent offices have developed their own, less elaborate mechanisms to permit third parties to challenge patents pre-grant or post-grant outside court. In certain circumstances, these processes are useful to invalidate patents or limit their scope of protection. This article outlines some methods to challenge granted patents in the U.S. and Europe. ... [read more]

Thursday, September 20, 2018 @ 2:50 PM

Recent ruling presages sunset on pharmaceutical patent cases sunset

In what is likely one of the last cases to be litigated twice following the recent changes to Canada’s pharmaceutical patent regulations, Justice George Locke of the Federal Court of Canada allowed Teva’s claim for s. 8 damages in relation to its generic bortezomib product and dismissed Janssen’s counterclaim for the infringement of three patents (Teva Canada v. Janssen 2018 FC 754). ... [read more]

Thursday, September 20, 2018 @ 9:04 AM

Improving access to justice for litigants and their lawyers tops Federal Court Chief Justice Paul Crampton’s agenda TLD Exclusive

The Federal Court’s leader says improving access to justice for litigants and their lawyers is the aim of several of the national trial court’s new initiatives. In an exclusive annual interview, Chief Justice Paul Crampton spoke with characteristic passion and candour about the state of the itinerant Ottawa-based court, including new and impending measures to assist the bar and the public, and some remaining massive challenges for the bilingual paper-based institution which he, his colleagues and staff are determined to drag into the digital age. ... [read more]

Tuesday, September 18, 2018 @ 9:31 AM

Search and seizure of electronic data: too much of a good thing data_security_sm

Seizures of electronic data have become the equivalent of trying to catch trophy fish using bottom trawling nets. Like large, weighted fishing nets dragged across the seafloor, unselectively scooping up everything in their path, seizures of data invariably and easily net their own form of digital bycatch. ... [read more]

Friday, September 14, 2018 @ 1:35 PM

INTERNET - Internet service providers - Disclosure of subscriber information

Appeal by Rogers Communications Inc. (Rogers) from a judgment of the Federal Court of Appeal setting aside the order issued against Voltage Pictures LLC (Voltage) to reimburse the cost of compliance with a Norwich order and legal cost incurred. ... [read more]

Friday, September 14, 2018 @ 12:08 PM - Last Updated: Friday, September 14, 2018 @ 3:38 PM

ISPs entitled to ‘reasonable costs’ incurred to comply with third party disclosure orders in illegal downloading case, SCC rules Russell Brown

In a novel interpretation of the 2015 “notice and notice” provisions of the Copyright Act, the Supreme Court has ruled that Rogers Communications Inc. and other ISPs are entitled to be reimbursed for their “reasonable costs” in supplying the names and addresses of alleged illegal downloaders to copyright holders pursuant to Norwich third party disclosure orders. ... [read more]

Thursday, September 13, 2018 @ 10:55 AM

Challenging a competitor’s patent application with prior art copieddesigns.jpg

If a competitor files a patent application in the patent office on an unpatentable invention, the patent office should do its job and reject the patent application. However, patent examiners are working with limited time and resources for prior art searching and examination. Often, examiners are not aware of all the potentially relevant prior art. It is possible for a third party to assist the patent office to invalidate a competitor’s patent application before it becomes a granted patent that could be used to start a nuisance patent infringement lawsuit. ... [read more]