The Honourable Sheilah L. Martin was appointed today to the Supreme Court of Canada. In the Federal Court, Justice Paul Favel was appointed to replace Justice Russell who elected to become a supernumerary judge. Appointments were also made to the Saskatchewan and Quebec courts. Continue reading Appointments
IPRs
Today, the United States Supreme Court heard oral arguments in Oil States v. Greene’s Energy on the propriety of inter partes review (IPRs). One of the issues before the court was whether IPRs violate the U.S. constitution by extinguishing private property rights through a non-Article III forum without a jury.
Appointment
Justice Sébastien Grammond has been appointed a judge of the Federal Court. He replaces Justice S.B. Noël, who elected to become a supernumerary judge effective September 1, 2017. Justice Grammond was a professor and former dean at the University of Ottawa’s Faculty of Law.
Equustek
Yesterday, a court in the Northern District of California granted Google’s request for an interlocutory injunction preventing Equustek from enforcing a Canadian de-listing order that was the subject of the Supreme Court of Canada decision earlier this year. Continue reading Equustek
Alerts
Federal Court updates, namely new proceedings and updates on watched files have not been available since October 30th. The Federal Court database says, “The last database update occurred on 2017-10-30 22:16”.
IPIC
Looking forward to catching up with friends and colleagues at the IPIC Annual Meeting this week. I’ll be co-presenting on the state of ‘obviousness’ on Thursday afternoon.
Practice Notice
In addition to the three notices I listed on Friday, the Federal Court has issued a practice notice on proceedings under the amended PM(NOC) Regulations.
Practice Notices
Three practice notices came to my attention this week:
- Practice Notice from CIPO for Objection Proceedings for Geographic Indicators under new section 11.13 of the Trade-marks Act
- Practice Notice and guidance from the Federal Court on the scheduling of applications
- Customs Notice advising that the Canada Border Services Agency Border Watch Line accepts information on shipments of counterfeit or pirated goods that are dangerous
CETA
Changes to the Patent Act, Patent Rules, Patented Medicines (Notice of Compliance) Regulations and the Trade-marks Act, and new Certificate of Supplemental Protection Regulations come into force on September 21, 2017 as part of Canada’s implementation of CETA. Today, Health Canada released guidance documents on applying for Certificates of Supplementary Protection and on Health Canada’s administration of the PM(NOC) Regulations.
Appointments
Justice Shirzad Ahmed was appointed to the Federal Court on Friday. In other appointments, Justice Ian Nordheimer was elevated to the Ontario Court of Appeal and Justice Barbara Fisher elevated to the BC Court of Appeal.