Smartphone “Posner Appeal”

The U.S. Court of Appeal for the Federal Circuit released its decision in Apple Inc. v. Motorola, Inc., the appeal from Judge Posner’s decision on smartphone patent litigation between the two companies. Judge Posner had denied both infringement actions on the basis that neither side could prove damages. In an opinion for the court, along with two opinions dissenting-in-part, the CAFC reversed-in-part, but affirmed, among other things, that Motorola was not entitled to an injunction for infringement of a FRAND-committed patent.

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Judicial Appointments

George R. Locke, an IP lawyer with Norton Rose Fulbright in Montréal, René Leblanc, a lawyer with the Department of Justice Canada, and Martine St-Louis, a lawyer with McCarthy Tétrault in Montréal were appointed today to the Federal Court. Justice Boivin was elevated to the Federal Court of Appeal. Appointments were also made to the Ontario, Saskatchewan, Manitoba, Nova Scotia, Newfoundland and Labrador and Tax courts.

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Significant Changes to Trade-marks Act introduced by Budget Bill C-31

Last week, the federal government introduced significant changes to the Trade-marks Act by tabling the omnibus budget bill, Bill C-31, the Economic Action Plan 2014 Act, No. 1 on March 28, 2014. The “monster” Bill makes changes to nearly forty different pieces of legislation, and is designed to enact measures in last month’s federal budget. The trademark amendments will allow Canada to meet its international treaty obligations (including the Nice Agreement, Singapore Treaty, and the Madrid Protocol). According to the government summary, the proposed changes make the Trade-marks Act consistent with the Singapore Treaty, add authority to carry the Madrid Protocol into effect, and simplify the trademark application filing requirements.

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Copyright Treaties

Last week the government authorized the Department of Foreign Affairs to take the actions necessary to bring into force for Canada, the World Intellectual Property Organization Copyright Treaty and the World Intellectual Property Organization Performances and Phonograms Treaty. The coming into force of the treaties will affect the entry into force of several sections of the Copyright Modernization Act from 2012.

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Motion Practice in Ontario Court

The Ontario Court issued practice notices regarding motion practice last fall that were recently published online. The first requires, among other things, the moving party to file a Notice of Motion within 10 days after the motion date is requisitioned. The second is an announcement that additional resources are being allocated to long motions.

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Canadian Intellectual Property