Foreign Decisions

There were a couple of decisions from the last several days that may be of interest:

  • AstraZeneca AB & Anor v KRKA dd Novo Mesto & Anor [2015] EWCA Civ 484 – The Court of Appeal in the UK upheld the award of £27 million damages in favour of a generic for an interim injunction that was ultimately dissolved for esomeprazole.
  • Garcia v. Google – The U.S. Court of Appeals for the Ninth Circuit, in an en banc decision (PDF), reversed its earlier panel decision and held that an actor in a controversial film was not entitled to a preliminary decision removing the film from YouTube on the basis that the law and facts did not clearly favour her claim to copyright and her showing of irreparable harm.
  • Commil USA, LLC v. Cisco Systems, Inc. – The United States Supreme Court held that a defendant’s belief regarding patent invalidity is not a defence to an induced infringement claim.

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Budget Bill

Bill C-59, entitled An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, was introduced today to implement portions of the budget. The proposed changes include amendments to:

  • Copyright Act – term of sound recording and performance rights;
  • Patent Act – privilege for patent agents, force majeure, correcting errors and other changes;
  • Trade-marks Act – privilege for trade-mark agents, force majeure, correcting errors;
  • Industrial Designs Act – force majeure, correcting errors.

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