This site is my collection of updates, statistics and analysis on intellectual property in Canada. I am a partner at DLA Piper (Canada) LLP practicing in the area of intellectual property (more about me). Material on this website are my own views and do not reflect the position of DLA Piper (Canada) LLP, any of its member firms around the world, or any of its clients. IPPractice.ca grew out of my hobby to gather and share interesting updates on intellectual property to friends and colleagues. Highlights include:
The United States Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC stating that corporate ‘residence’ refers only to the state of incorporation. The patent venue statute, 28 U. S. C. §1400(b), provides that “[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” This decision will likely have a significant effect on the number of cases filed in Texas, which saw 37% of all patent cases in 2016.
My recent article on the use of protective and confidentiality orders in the Federal Court is available on Slaw. This topic was one of the items discussed last week at the Federal Court town hall and was the subject of an order released last week which stated, “The open court principle is of crucial importance in a democratic society, … Confidentiality orders inherently compromise these fundamental principles and important rights.” …Read More
Bill C-30, the CETA implementation legislation received royal assent today. The Bill includes amendments to the Patent Act, regarding supplementary protection for pharmaceutical products and altering patent linkage system, 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. Implementation regulations are expected any day.
Health Canada has opened consultation on proposed amendments to the Patented Medicines Regulations including introducing new regulation factors, updated comparator countries, a complaints-based system for some products, and identification of pricing information and third party information required. …Read More
After a kickoff at the Diversity Breakfast, CBA IP Day continued with the Federal Court’s Town Hall focused on the imminent overhaul to pharmaceutical litigation in Canada, including two years to trial, focused discovery, changes to costs regime and efficient trial management. Bill C-30, the CETA implementation legislation cleared the senate this afternoon. …Read More