The Federal Court of Appeal has released its decision in Amazon.com on patentable subject matter (PDF). The Court held that determination of patentable subject matter must be based on a purposive construction of the claims and discussed the requirements for patentability but remanded the application back to the Commissioner for claim construction and reconsideration.
Continue reading Federal Court of Appeal releases Amazon.com decision
The European Court of Justice issued a judgment in Scarlet v. SADAM (C‑70/10) deciding an injunction requiring general content filtering by an ISP for possible copyright infringing materials contravened EU directives.
Continue reading Copyright filtering by ISPs too onerous according to ECJ
In Nazerali v. Mitchell, 2011 BCSC 1581, the British Columbia Supreme Court issued an interim injunction against the author of an allegedly defamatory website, the hosting company, the domain name registrar (GoDaddy) and Google (for providing a cache of the site) on an ex parte basis. Continue reading Ex parte injunction against author, Google, and GoDaddy for alleged defamation
Over the last while I have added several new features to the daily IPPractice.ca email including improved identification of judges for FC and FCA decisions, results for TMOB and CIRA decisions and identification of appeals and medicinal ingredients at the FCA. You can modify your subscription preferences using the email manager.
Continue reading New Features
The Department of Justice has announced that Justice Gauthier, currently of the Federal Court has been appointed to the Federal Court of Appeal, effectively immediately. Continue reading Federal Court of Appeal Judicial Appointment
The Federal Courts Rules Committee has announced a subcommittee for a global review of the Federal Courts Rules and released an accompanying discussion paper. The Notice to the Profession invites comments by January 6, 2012. Continue reading Review of the Federal Courts Rules
The Supreme Court of Canada released its decision in Crookes v. Newton, 2011 SCC 47. With three sets of reasons concurring in the result, the Court held that the use of a hyperlink cannot, by itself, amount to publication even if the hyperlink is followed and the defamatory content accessed.
In a decision released today, the EU Court of Justice ruled in Brustle v. Greenpeace C-34/10 that processes requiring the use of human embryos, broadly defined, as base material even if the description does not refer to the use of human embryos are unpatentable in Europe. Continue reading EU Court of Justice limits patentability of embryonic research
Justices Moldaver and Karakatsanis, both currently of the Ontario Court of Appeal have been nominated for the Supreme Court. It was also announced today that the Supreme Court will release its decision in Crookes v. Newton relating to defamation liability by hyperlinking on Wednesday. Continue reading Supreme Court of Canada news
Copyright will be on the agenda when the Supreme Court of Canada starts its fall session this week. Five appeals from the Copyright Board are scheduled to be heard in early December.
Continue reading Supreme Court of Canada starts fall session