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Supreme Court Of Canada Leave Applications - November 2018
Supreme Court of Canada denies Eli Lilly leave to appeal in olanzapine section 8 damages action.
Smart & Biggar
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Supreme Court Of Canada Reserves Decision On Appeal Relating To The Patentability Of Methods Of Medical Treatment
Over ten years have passed since the Federal Court of Appeal (FCA) flagged the patentability of methods of medical treatment as being worthy of full consideration by the Supreme Court of Canada. This issue has finally come before the Court.Smart & Biggar - Article
Supreme Court Of Canada Takes A Pass On Patented Drug Price Dispute
The Board decision was quashed, and the case was sent back to the Board for redetermination.Smart & Biggar - Article
Supreme Court Of Canada To Hear York University/Access Copyright Appeals
On October 15, 2020, the Supreme Court of Canada granted applications brought by both York University and Access Copyright for leave to appeal the Federal Court ...Smart & Biggar - Article
USPTO: AI Cannot Be Named As Inventor On Patent
On April 27, 2020, the United States Patent and Trademark Office published a petition decision stating that under current law...Smart & Biggar - Article
USPTO Revises Patentable Subject Matter Guidelines To Start 2019
If yes, then examiners must evaluate whether the claim contains "significantly more" than the excluded concept.Smart & Biggar - Article
What's In A Name? Canada May Have Just Made It More Difficult To Register Name And Surname Marks
The Canadian Intellectual Property Office has recently revised its Practice Notice regarding name and surname objections. The revised Practice Notice can be found here.Smart & Biggar - Article
Witness Credibility And Adducing Reliable Evidence In Copyright Infringement Cases - An Important Reminder
The Federal Court in Premium Sports Broadcasting Inc. v. 9005-5906 Québec Inc. (Resto-bar Mirabel), 2017 FC 590, recently dismissed a copyright infringement action on a summary trial motion.Smart & Biggar - Article
Anti-Spam Legislation's Private Right Of Action Suspended
In a news release on June 7, the Government announced that it was suspending the implementation of the "private right of action" provisions in Canada's anti-spam legislation (CASL)...Smart & Biggar - Article
Class Actions Relating To Opioid Use Disorder Continue Across Canada
There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects. While these proceedings are all currently in their early stages...Smart & Biggar - Article
Federal Court Of Appeal Dismisses Appeal Of First Trial Decision Under The Amended PMNOC Regulations
Any appeal by Amgen would require the grant of leave by the Supreme Court of Canada.Smart & Biggar - Article
New Court Proceedings (May 2022)
Taro Pharmaceuticals v Biogen and Acorda Therapeutics.Smart & Biggar - Article
CASL Year In Review
Generally speaking, the senders of commercial electronic messages (or "CEMs") must obtain express consent in a prescribed format.Smart & Biggar - Article
Data Localization And Digital Trade In The New United States-Mexico-Canada Agreement
The new United States-Mexico-Canada Agreement ("USMCA"), announced on September 30, 2018, succeeds the North American Free Trade Agreement ...Smart & Biggar - Article
Federal Enforcement Agencies Remind Canadian Mobile App Companies Of Their CASL Obligations
Canada's Anti-Spam Legislation (CASL) is enforced by three federal agencies, the Canadian Radio-television and Telecommunications Commission (CRTC)...Smart & Biggar - Article
Handling Patient Data In Artificial Intelligence
There has been a vast expansion in the use of AI in healthcare. There are many privacy issues that accompany unlocking the potential of AI.Smart & Biggar - Article
Misleading Privacy Claims Results In $9 Million Dollar Penalty For Facebook
On May 19, 2020 the Competition Bureau announced that as part of a registered settlement, Facebook Inc. will pay a $9 million penalty plus an additional $500,000 for the costs of the Bureau's investigation.Smart & Biggar - Article
Brexit's Impact On Canadian Owners Of EU Trademarks
On January 29, 2020, the European Union (EU) Parliament approved the Brexit Withdrawal Agreement to officially end the UK's...Smart & Biggar - Article
CIPO Extends Industrial Design Protection To Buildings And Structures
The Industrial Design Office has announced that it is changing its practice with respect to industrial designs applied to buildings or structures.Smart & Biggar - Article
Protecting AI-Created Works - US Seeking Comments On Copyright. What About Canada?
The U.S. Patent and Trademark Office is seeking comments on what the impact would be on providing copyright protection to works created using artificial intelligence,Smart & Biggar
