All posts by Alan Macek

Design Damages

The United States Supreme Court has released its decision in Samsung v. Apple regarding the damages for design infringement. Finding in favour of Samsung, the court held that in the case of a multicomponent product, the relevant “article of manufacture” for arriving at a §289 damages award need not be the end product sold to the consumer but may be only a component of that product. The $399 million damages award was reversed and the proceeding remanded back to the Federal Circuit.

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Extraterritorial Injunctions

The Supreme Court of Canada will hear arguments in Google Inc. v. Equustek Solutions Inc., et al on Tuesday, December 6th at 9:30, which will be webcast. The proceeding arose as a trademark and trade secret proceeding in which the court granted an injunction against the third party, Google, displaying certain search results globally. Continue reading Extraterritorial Injunctions

CETA Implementation

Bill C-30 has been introduced to implement the Comprehensive Economic and Trade Agreement (CETA) with Europe. The Bill includes amendments to the Patent Act, regarding supplementary protection for pharmaceutical products and altering the PM(NOC) procedure, 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. Continue reading CETA Implementation