A couple of non-Canadian developments that may be of interest:
- a majority of the US Supreme Court allowed the registration for the trademark “Booking.com” in the face of arguments that it was generic: “According to the PTO, adding “.com” to a generic term—like adding “Company”—can convey no source-identifying meaning. That premise is faulty, for only one entity can occupy a particular Internet domain name at a time, so a “generic.com” term could convey to consumers an association with a particular website.”
- the UK Supreme Court in Regeneron Pharmaceuticals Inc v Kymab Ltd considered patent sufficiency: “The disclosure required of the patentee is such as will, coupled with the common general knowledge existing as at the priority date, be sufficient to enable the skilled person to make substantially all the types or embodiments of products within the scope of the claim.”
There were a couple of decisions from the last several days that may be of interest:
- AstraZeneca AB & Anor v KRKA dd Novo Mesto & Anor  EWCA Civ 484 – The Court of Appeal in the UK upheld the award of £27 million damages in favour of a generic for an interim injunction that was ultimately dissolved for esomeprazole.
- Garcia v. Google – The U.S. Court of Appeals for the Ninth Circuit, in an en banc decision (PDF), reversed its earlier panel decision and held that an actor in a controversial film was not entitled to a preliminary decision removing the film from YouTube on the basis that the law and facts did not clearly favour her claim to copyright and her showing of irreparable harm.
- Commil USA, LLC v. Cisco Systems, Inc. – The United States Supreme Court held that a defendant’s belief regarding patent invalidity is not a defence to an induced infringement claim.
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