Today’s litigation started against York University listed below is apparently one part of three measures started today by Access Copyright: a) the litigation in the Federal Court challenging York University’s fair dealing guidelines; b) an application with the Copyright Board for an interim elementary and secondary school education tariff; and c) a proposed post‐secondary tariff also filed with the Copyright Board for 2014-2017.
Tag Archives: Federal Court
Federal Court Prothonotary Compensation
Earlier this year, the Honourable J. Douglas Cunningham, Q.C., was named the special advisor on Federal Court Prothonotaries’ Compensation to complete a report by the end of May 2013. He is inviting comments from the public until April 19, 2013 and public hearings are scheduled for May 1 and 2, 2013.
E-Filing in the Federal Court
The Federal Court has issued a revised Notice to the Profession on electronic service and filing of documents. Starting on March 1, 2013, the Federal Court will be using its own system for electronic filing, replacing the LexisNexis system used since 2009.
Amendments to Federal Courts Rules
Amendments have been made to the Federal Courts Rules relating to scheduling of general sittings, format of documents, notices of appearances in applications, increasing minimum lead time to file motion materials, and other “miscellaneous” amendments.
Judicial Appointments
In an announcement today, the Honourable Justice David Near was elevated from the Federal Court to the Federal Court of Appeal and the Honourable Justice Peter Annis of the Ontario Superior Court was appointed to the Federal Court. Judicial appointments were also made today in Ontario, Newfoundland & Labrador, Alberta and Quebec.
Patented Medicine Litigation
I’ve updated my list of Federal Court patented medicine litigation organized by medicinal ingredient to include more Section 8 proceedings. Any comments or suggestions are appreciated.
Top Cited Decisions for 2012
Trademark confusion, damages proceedings under the PM(NOC) Regulations and inventive concept were the big issues for 2012 based on an analysis of the reported intellectual property decisions from the Federal Court and Federal Court of the Appeal during the past year. The Supreme Court’s 2006 Mattel decision was the most frequently cited decision.
TekSavvy BitTorrent litigation
Earlier today, the Federal Court heard Voltage Pictures’ motion for third-party discovery of TekSavvy, an Ontario ISP, in the copyright infringement proceeding against unidentified BitTorrent users. The Court granted TekSavvy’s request to adjourn the motion to January 14, 2013 to allow time for more notices to be sent to affected users.
Federal Court Judges
The Honourable Yvan Roy and The Honourable Cecily Y. Strickland have been appointed to the Federal Court effective today. Justice Roy was a lawyer with the Government of Canada, Privy Council Office, in Ottawa and Justice Strickland was a lawyer with Stewart McKelvey in St. John’s practicing maritime law, environmental law and administrative law.
Eli Lilly Challenges Patent Law
Eli Lilly has filed a “Notice of Intent” to challenge the ‘promise doctrine’ in Canadian patent law through NAFTA. The focus of the statement is on the law of the ‘promise’ of a patent in determining patent validity whether it complies with Canada’s obligations under TRIPs and NAFTA.