Justice Catherine M. Kane has been appointed a judge of the Federal Court effective immediately replacing Justice Simpson who elected to become a supernumerary judge. Justice Kane was a lawyer with the Department of Justice Canada in Ottawa practicing in the area of criminal law.
Brimonidine – Issues of Comity
Justice Hughes issued a decision in Allergen v. Apotex 2012 FC 767 (Brimonidine) earlier this week. He determined that Apotex’s allegation of obviousness was justified but granted the prohibition order on the basis that an earlier decision of Justice Crampton on the same patents, but different parties (2011 FC 1316) was contrary and therefore an issue of comity should be considered by the Federal Court of Appeal. The decision and a summary is available from Beeser Ramamoorthy.
European Trademark Headings
The European Court of Justice has ruled on the use of class headings in European community trademarks in “IP Translator” – C-307/10 Chartered Institute of Patent Attorneys.
Panama
Panama has become the newest PCT Contracting State. PCT applications filed after September 7, 2012 will automatically include the designation of Panama.
Patented Medicine Prices Review Board
Proposed new regulations formalizing procedures before the Patented Medicine Prices Review Board were published in yesterday’s Canada Gazette.
Claiming under the Patentee
Master Short released a decision on the standing of patent licensees to be added as plaintiffs-by-counterclaim in an Ontario Court proceeding relating to lansoprazole.
Ex parte injunction against author, Go Daddy and Google dissolved
It just came to my attention that an ex parte injunction against the author of allegedly defamatory works, Go Daddy as the domain name provider and Google for providing search functionality, which I previously reported, has been dissolved.
The British Columbia Court in Nazerali v. Mitchell, 2011 BCSC 1846, heard submissions on extending the injunction. The judge considered the defenses to defamation raised by the individual defendant and the breadth of the injunction in the decision.
Continue reading Ex parte injunction against author, Go Daddy and Google dissolved
New gTLD
ICANN has released the list of proposed generic top-level domain names today. ICANN has to resolve duplicative claims and the new domains likely won’t be active until 2013. The new top-level domains would expand the current list including dot-com, dot-org with dot-law and dot-apple, among others.
CIPO five year plan
The Canadian Intellectual Property Office released its five-year plan called “Inspired by Innovation; Committed to Success“.
Federal Court Hearing List Updated
Those subscribers receiving updates of new trials/hearings will notice a number of new trials and hearings in today’s email. The Federal Court and Federal Court of Appeal have updated their online hearing lists for the first time in several weeks.