snIP/ITs Blog Monthly Review

Lesson for Companies Aquiring Financing: Tort for Breach of Confidence Cannot be Modified by Confidentiality Agreement
By Roland Hung and Brittany Weikum on August 28th, 2013

The recent case Scott & Associates Engineering Ltd. v. Finavera Renewables Inc. serves as a warning to many companies, in particular, technology companies that share commercially sensitive information with a perceived partner to secure the necessary funds or financing. The Alberta Court of Queen’s Bench held in this case that a party who shared commercially …

Trade-marking Colour When Applied to Packaging
By Terry Gao and Sebastian Nishimoto on August 27th, 2013

Colour is a crucial component of many brands. Most often the first thing a consumer will notice about a logo or product package is its colour. Think of red for Coca-Cola®, brown for UPS® or blue for IBM®. Given its importance in branding, it is no surprise that colour has been the subject of trade-mark …

Making social networks remediate defamation enabled by their platforms: McKeogh v. Facebook
By Barry Sookman, Roland Hung and Sara Tebbutt on August 1st, 2013

Overview Recently, the Irish High Court came up with a novel solution in a social media defamation case involving an unfortunate young student who was grossly defamed when certain persons wrongly identified him as the man seen in a video posted on YouTube exiting a taxi in Dublin without paying the fare.[1] The decision illustrates …

Sanofi’s Canadian Patent on Plavix Valid and Infringed by Apotex
By David Tait on July 30th, 2013

On July 24, 2013 the Federal Court of Appeal released its decision reversing the trial court’s ruling that Sanofi’s patent covering Plavix is invalid. For the full written decision see: Apotex Inc. v. Sanofi-Aventis, 2013 FCA 187. In its decision, the Court of Appeal provides clarification on invalidity in light of the so-called promise of …

Four Tips from Merck’s $180M Patent Damages Win Against Apotex
By David Tait on July 29th, 2013

It is said that the wheels of justice turn slowly, but grind exceedingly fine. That phrase could certainly apply to Merck’s recent win over Apotex in a damages trial for patent infringement in Canada, in a case that started in 1997. The liability decision finding Apotex guilty of infringement was released in December 2010. To …

5 Things Every Retailer Should Consider When Threatened with Patent Infringement: 5-Item Checklist
By David Tait and Steven Tanner on July 16th, 2013

Introduction In recent years major Canadian retailers have been named as defendants in patent infringement lawsuits, including Wal-Mart (T-1841-11), Costco (T-1841-11), Canadian Tire (T-1002-12) and Home Depot (T-1112-13). The common thread linking these and other cases is that the plaintiff is asserting patent rights against a retailer that sells, but does not manufacture, allegedly infringing …

McCarthy Tétrault is named Contributor Most Read in Canada for second consecutive month
By McCarthy Tétrault LLP on July 12th, 2013

snIP/ITs is pleased to share that for June 2013, McCarthy Tétrault’s blog posts and articles generated the most readership from users of Mondaq for Canada. This is the firm’s second month in a row to be recognized with the award. Mondaq is an aggregator of legal, financial and regulatory information from more than 80 …

U.K. Court Sufficiently Satisfied that Janssen’s Alzheimer’s Patent is Insufficient
By David Tait on July 11th, 2013

On June 25, 2013, the England and Wales High Court rendered its decision in Eli Lilly & Company v. Janssen Alzheimer Immunotherapy, [2013] EWHC 1737. This ruling demonstrates the danger in drafting patents to include only broad claims without subordinate, narrow claims, which are more likely to survive a validity challenge like the one Eli …