Category: Intellectual Property

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Maybe You Can Search This? SCC Grants Leave to Appeal From Global Restraining Order Against Google

March 1, 2016

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. (Google) and Google Canada Corporation (Google Canada), despite neither entity being physically located in Canada or being a party to the main action. BACKGROUND In the main action, the plaintiff manufacturer of…

Legal Trends 2016: Intellectual Property

February 28, 2016

ONE | LEGISLATIVE CHANGES The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already taken effect. These include amendments to the Copyright Act and Trade-marks Act to introduce customs enforcement measures against counterfeit goods. Other changes, such as the…

Federal Court Rules Internet Provider Should Not Recover Costs of Informing Clients of Motion for Customer Information

January 11, 2016

In Voltage Pictures LLC v. John Doe, the Federal Court ruled that TekSavvy Solutions Inc. (TekSavvy), a non-party Internet service provider, could not recover costs related to its decision to inform 200,000 of its customers of a pending motion seeking TekSavvy customer information. The motion was brought in a class action lawsuit alleging online piracy of the movie The Hurt…

Look Ahead: 2016 Legal Trends

January 8, 2016

  While global markets can be unpredictable, we have assembled some key legal trends that may help you prepare for what lies ahead in 2016.  ​​​​   Anti-Spam   Capital Markets  ​ China    Commercial Real Estate Cybersecurity Employment & Labour Financial Services Regulatory Intellectual Property International Trade   Litigation & Dispute Resolution   Mergers & Acquisitions   Oil &…

Canadian Court Nixes Class Action for Patent Abuse

December 16, 2015

The British Columbia Court of Appeal (BCCA), in Low v. Pfizer Canada Inc., has held that Canada’s Patent Act provides a complete code that forecloses civil actions by consumers centred on breaches of the statute. BACKGROUND The decision relates to an application to certify a proposed class action, commenced by a representative plaintiff, Britton Low, against various Pfizer companies, alleging…

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

November 17, 2015

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis of inutility under the evolving and controversial promise doctrine in patent law. BACKGROUND On June 13, 2013, Eli Lilly and Company (Eli Lilly) initiated a C$500-million claim…

“The Donald” Trumps Condo Buyers by Avoiding Trade-mark Licensor Liability

July 22, 2015

  United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate affiliates to use Mr. Trump’s name and trade-marks for the 70-storey mixed-use TRUMP TOWER complex in downtown Toronto.    BACKGROUND   In Singh v. Trump (Singh), the developer…

Law on Post-Patent Royalties Differs Between Canada and the U.S.

July 7, 2015

  The recent decision of the United States Supreme Court (USSC) in Kimble v. Marvel Entertainment LLC (Kimble) highlights how a lack of knowledge of the law governing the intellectual property that is the subject of a transaction or litigation settlement can have serious consequences.   Kimble confirmed that an obligation to pay post-patent royalties relating to a patented invention…

Hot-Button Topics in Intellectual Property Law

June 3, 2015

We are once again hosting our popular annual seminar on Hot-Button Topics in Intellectual Property Law. These fast-paced and informative sessions offer attendees an opportunity to learn about a wide variety of recent developments in intellectual property. Blakes lawyers and patent agents will highlight the key elements of each topic and provide forecasts and constructive recommendations. Topics: Canada’s Trademark Laws Have Changed – Now What? –…

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