A copy of the intellectual property chapter of the Trans-Pacific Partnership Agreement has been posted by Wikileaks. The chapter includes the details on the issues of trademarks, patents, pharmaceutical products, biologics, copyright, IP enforcement, border measures and ISPs. See my earlier post on the TPP.
All posts by Alan Macek
Australian Myriad
Australia’s highest court has issued its decision in D’Arcy v Myriad Genetics Inc, allowing the appeal and holding that claims directed to the BRCA1 gene be revoked on the basis that the substance of the claim “is information embodied in arrangements of nucleotides” and not a “manner of manufacture.” Continue reading Australian Myriad
TPP
Twelve countries, including Canada, have agreed to the Trans-Pacific Partnership. No text has been released yet but reports are that protection of biologics was one of the final sticking points. The government has posted a high level summary on the IP issues in the agreement. Continue reading TPP
Costs
The Federal Court has issued a discussion paper on costs in the Federal Court. A subcommittee of the Federal Courts Rules committee is seeking comments by November 23, 2015 on costs, including on addressing improper, vexatious and unnecessary litigation, access to justice and methods of calculating costs.
NAFTA Arbitration
Eli Lilly has filed its reply submissions and evidence in its NAFTA Chapter 11 arbitration against the Canadian government relating to the utility of Lilly’s Zyprexa and Strattera patents. Continue reading NAFTA Arbitration
Happy Birthday
Chief Judge George King of the Central District of California issued a decision yesterday (PDF) in favour of plaintiffs who argued that Warner/Chappel Music had no right to collect royalties for “Happy Birthday To You” in the United States. After tracing the history of the song back to the 1890s, he concluded that Warner/Chappell Music’s predecessor never acquired the rights to the Happy Birthday lyrics from the purported authors. Continue reading Happy Birthday
US Injunction
Today, the United States Court of Appeals for the Federal Circuit issued its latest decision in the Apple v. Samsung patent dispute. In a split decision considering, among other things, the USSC’s eBay decision and the requirement of a ‘causal nexus’ between the alleged irreparable harm and the alleged infringement, the court vacated the lower court’s decision not to award a permanent injunction and remanded . Continue reading US Injunction
Prothonotaries
The Federal Court has posted a notice that it is seeking applicants to fill an existing vacancy in Ottawa and create a pool of candidates for future positions in Ottawa, Montréal, Toronto and Vancouver. Continue reading Prothonotaries
Standard Essential Patents and Biosimilars
Here are two recent foreign decisions that may be of interest:
- Huawei v. ZTE – The European Court of Justice issued a decision on standard essential patents (SEPs) relating to LTE technology and whether seeking an injunction on patents with FRAND terms was an abuse of dominance, stating among other things, “in order to prevent an action for a prohibitory injunction or for the recall of products from being regarded as abusive, the proprietor of an SEP must comply with conditions which seek to ensure a fair balance between the interests concerned.”
- Amgen v. Sandoz – The US Court of Appeals for the Federal Circuit issued a divided decision on the ‘patent dance’ scheme for biosimilars in the United States holding that Sandoz was not required to disclose its application to the innovator but that notice could not be given until after receiving FDA approval, extending the period of exclusivity.
Plant Breeders’ Rights
Canada has notified WIPO that Canada has ratified the International Convention for the Protection of New Varieties of Plants. The treaty will enter into force on July 19, 2015 which follows the amendments earlier this year to the Plant Breeders’ Rights Act.