The Supreme Court of Canada has released a couple of decisions of interest – Merck Frosst Canada Ltd. v.Canada (Health), 2012 SCC 3 relating to trade secrets and access to information of Health Canada drug submissions and Reference re Broadcasting Act, 2012 SCC 4 which determined that Internet Service Providers were not ‘broadcasters’ under the Broadcasting Act.
Category Archives: Daily Alert
SCC adjourns Sildenafil hearing
The Supreme Court has adjourned the hearing in the appeal of the sildenafil PM(NOC) application on the sufficiency of disclosure. The hearing had been scheduled for tomorrow but is now tentatively scheduled for April 20, 2012.
Eurocopter v. Bell Helicopter trial decision
The Federal Court released a decision earlier this week after the trial in the patent infringement action Eurocopter v. Bell Helicopter, 2012 FC 113 finding a claim of the patent valid and infringed. The Court also awarded punitive damages. Continue reading Eurocopter v. Bell Helicopter trial decision
Provincial IP decisions – trade secrets and descriptiveness
From the Ontario Court, in Paradigm Shift Technologies Inc. v. Alexander Oudovikine, 2012 ONSC 148, the court rejected a motion for an interlocutory injunction on alleged trade secrets held by an ex-employee. In Boulangerie St-Méthode v. Boulangerie Canada Bread, 2012 QCCS 83, the Quebec Court considered distinctiveness and descriptiveness of the mark « sans gras sans sucre » for bread.
CAFC on computer claims in DealerTrack
The U.S. Court of Appeals for the Federal Circuit released a decision today in DealerTrack v. Huber on the patentability of computer claims. It held that claims “for executing a computer program” were means-plus-function limited to the algorithms in the specification and “computer aided” limitations did not render claims patentable subject matter.
ONCA recognizes tort of invasion of privacy
In a decision released today, Jones v. Tsige, 2012 ONCA 32, the Ontario Court of Appeal recognized the existence of a cause of action for intrusion upon seclusion under the common law.
Continue reading ONCA recognizes tort of invasion of privacy
Top Canadian patentees in 2011
Research In Motion once again tops the list of receiving the most patents in Canada in 2011. Others in the top 5, were P&G, Schlumberger, Honda and Hoffman-La Roche. Approximately 20,000 patents were issued in Canada.
Amazon.com ‘one-click’ patent application allowed
The Canadian Patent Office has allowed the Amazon.com ‘one-click’ patent application and the final fee has been paid. The application, CA2,246,933, was subject of the recent Federal Court of Appeal decision 2011 FCA 328 on patentable subject matter.
Continue reading Amazon.com ‘one-click’ patent application allowed
New Federal Court Judge and Chief Justice
Justice Crampton has been appointed Chief Justice of the Federal Court. Mary Gleason has been appointed a judge of the Federal Court. She was formerly a lawyer at Norton Rose practising labour, employment and human rights law. Continue reading New Federal Court Judge and Chief Justice
ONCA on summary judgment
A five member panel of the Ontario Court of Appeal has released a decision in Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764 on the scope of summary judgment under recently amended Rule 20 of the Ontario Rules of Civil Procedure.