This email wraps up 2016. Thanks for being a subscriber! Over 350,000 IPPractice emails were sent over the year to over 1500 subscribers, listing 450 new intellectual property proceedings and reporting 180 decisions. I’m looking forward to more developments in 2017. Happy New Year!
Some more stats from the past year are on the website.
The Supreme Court of Canada will hear arguments in Google Inc. v. Equustek Solutions Inc., et al on Tuesday, December 6th at 9:30, which will be webcast. The proceeding arose as a trademark and trade secret proceeding in which the court granted an injunction against the third party, Google, displaying certain search results globally. Continue reading Extraterritorial Injunctions
On Tuesday, the Supreme Court of Canada will hear oral arguments in AstraZeneca Canada Inc., et al. v. Apotex Inc., et al. (Esomeprazole) relating to the ‘promise doctrine’ of patent utility.
Bill C-30 has been introduced to implement the Comprehensive Economic and Trade Agreement (CETA) with Europe. The Bill includes amendments to the Patent Act, regarding supplementary protection for pharmaceutical products and altering the PM(NOC) procedure, and to the Trade-mark Act regarding geographic indicators with grounds of opposition and certain exceptions for prior use, acquired rights and generic terms. Amendments are also proposed to a number of other acts. Continue reading CETA Implementation
As of today, I am now a partner at DLA Piper (Canada) LLP to continue my intellectual property practice as part of Dimock Stratton’s combination with DLA Piper. Update your contact lists!
I am excited to announce that I, along with six of the other partners of Dimock Stratton LLP, are combining with DLA Piper (Canada) LLP, effective November 1, 2016. We will be combining our practices with the multi-jurisdictional reach and network of DLA Piper’s global platform.
In an appeal from a prothonotary decision relating to inventor examinations, a five-member panel of the Federal Court of Appeal held that the court “should abandon the Aqua-Gem standard and adopt the one set out in Housen” for appeals from discretionary decisions of prothonotaries.
The Supreme Court of Canada granted intervenor status on the six motions to intervene in the ‘promise doctrine’ proceeding: Innovative Medicines Canada and BIOTECanada (jointly); the Centre for Intellectual Property Policy (CIPP); the Canadian Generic Pharmaceutical Association (CGPA); the Fédération internationale des conseils en propriété intellectuelle (FICPI); the Intellectual Property Owners Association (IPO) and the Intellectual Property Institute of Canada (IPIC). See my earlier post on the intervenors and their materials. Continue reading Intervenor Promise
The Supreme Court of Canada will be hearing AstraZeneca Canada Inc. v. Apotex Inc. on November 8, 2016 on the promised utility doctrine. Several intervenors have now filed materials on the promise doctrine: Intellectual Property Institute of Canada (IPIC), International Federation of Intellectual Property Attorneys (FICPI), Innovative Medicines Canada, BioteCanada, Intellectual Property Owners Association (IPO), Centre for Intellectual Property Policy (CIPP) and Canadian Generic Pharmaceutical Association (CGPA).
Bill C-11 received royal asset yesterday. The Bill, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), implements provisions of the Marrakesh Treaty. Continue reading Marrakesh