SCC grants leave on Google injunction

On Thursday, the Supreme Court of Canada granted leave to appeal in the case of Google Inc. v. Equustek Solutions Inc., et. al, an appeal from a British Columbia Court of Appeal decision, in which a broad worldwide injunction was granted restraining Google, a non-party to the action, from including the defendants’ websites in Google’s search results.

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A couple of items from last week that may be of interest:

  • The U.S. Court of Appeals for the Federal Circuit, in an en banc decision, held in Lexmark v. Impression held that when a product is sold with limitations on re-sale or use restrictions, this restriction prevents exhaustion of patent rights with respect to downstream sales in breach of those restrictions.
  • CIPPIC and the Centre for Intellectual Property Policy at McGill University have jointly sought amicus curae status in Eli Lilly’s NAFTA arbitration relating to the ‘promise doctrine’. They have published their application and their submissions.
  • Threading the biosimilar needle: Patent lawyers walk a fine line between dosage regimes and medical treatment“, an article by my colleagues, Geoff Mowatt and Nik Purcell, was published in The Lawyers Weekly.
  • My article, “Summary Resolution of Intellectual Property Cases“, was published last week in Slaw. It focuses on the 2009 summary trial and summary judgment amendments to the Federal Courts Rules and their application to IP cases.