Justice Macdonald dismissed a motion to strike the Statement of Claim in Apotex Inc. v. Eli Lilly and Company, 2012 ONSC 3808 (atomoxetine) permitting claims under Section 8 of the PM(NOC) Regulations, unjust enrichment, profits and Section 7(a) of the Trade-marks Act.
Proposed amendments to the Federal Courts Rules have been published in the Canada Gazette. The amendments are described as “miscellaneous amendments” and include additional time for notices of motion, changes in scheduling of general sittings, and allowing respondents to support an application.
Earlier this week, the U.S. Court of Appeals for the Third Circuit held that reverse payment agreements or exclusion agreements between brands and the first generic under the Hatch-Waxman Act should be prima facie evidence of an unreasonable restraint of trade. The action was a class proceeding brought by wholesalers and retailers of the drug K-Dur against Schering, In Re: K-Dur Antitrust Litigation.
Today, the Supreme Court of Canada released five decisions on copyright considering issues of communications to the public, soundtracks, and music previewing, all arising from the Copyright Board.
In ESA v. SOCAN, 2012 SCC 34, a majority held that a musical work contained in a video game downloaded over the Internet was not a ‘communication’ and in Rogers v. SOCAN, 2012 SCC 35 that streaming works to requesting members of the public was a ‘communication to the public’ after considering issues of technological neutrality. In Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38, the court held that “sound recording” excludes soundtracks of cinematographic works.
The court considered fair dealing in SOCAN v. Bell Canada, 2012 SCC 36 and Alberta (Education) v. Access Copyright, 2012 SCC 37. In Bell, the court found that music previewing was fair dealing and in Access Copyright, a majority found photocopies by teachers to be fair dealing.
The Supreme Court of Canada will release decisions on the 5 pending copyright proceedings on Thursday morning. The proceedings were taken under reserve last December and raise issues of communications to the public, previewing music, music in online games, educational fair dealing, and music in soundtracks.