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Archive For Entries On Intellectual Property

Germany is Latest Battleground in Apple Patent Wars: IPCom v Apple

On 28 February 2014, a German court dismissed a patent-infringement claim for US$2.2 billion in damages against Apple (LG Mannheim, 2 O 53/12 and 2 O 95/13). IPCom, a German patent-holding firm, claimed that Apple owed it damages for iPhones sold in Germany because Apple had allegedly violated its patent for granting mobile devices access […]

Cinar Corporation v Robinson: Substantial Protection for Substantial Infringement – Part II

SCC Analysis (Continued) Expert Testimony The Appellant’s argued that the trial judge had erred due to his acceptance of inadmissible expert evidence. According to Cinar Corp, “the question of whether a substantial part has been copied must be assessed from the perspective of the lay person in the intended audience for the works at issue” […]

Cinar Corporation v Robinson: Substantial Protection for Substantial Infringement – Part I

There are many unsettled aspects of Canadian copyright law, ranging from Parliament’s intended scope of fair dealing principles to the proper evaluation of substantial infringement. The case of Cinar Corporation v Robinson, [2013] 3 SCR 1168 [Cinar Corp] constitutes the Supreme Court of Canada’s (SCC) most recent iteration on the latter. While the case reinforces a general […]

Teva v Pfizer: How Viagra Allowed the SCC to Stiffen Patent Disclosure Requirements

Canadian patent law has undergone a number of significant developments throughout the past year, with numerous issues capturing the attention of the Supreme Court of Canada (SCC). In particular, the issue of disclosure has undergone a great deal of juridical scrutiny. Disclosure constitutes a fundamental tenet of patent law aimed at striking a balance between […]

Alberta v Access Copyright: Refining Fairness

With the cost of postsecondary education at a record high, textbooks and other written materials have become increasingly difficult for students to afford. Following the passing of the Copyright Modernization Act [CMA] in 2012, which amended the Copyright Act, an opportunity was provided to teachers regarding their ability to provide students with written materials within […]

These Heels Were Made for Walking: Christian Louboutin S.A. v Yves Saint Laurent America Inc.

Last year, TheCourt.ca tackled the increasingly heated battle between two luxury fashion houses, Christian Louboutin and Yves Saint Laurent (YSL). Christian Louboutin, the famous French shoe designer best known for his heels with the red sole, sued Yves Saint Laurent for trademark infringement, claiming more than $1 million in damages. The battle began when Yves […]

Tariff, Away: Re:Sound v Motion Picture Association of Canada

By now, readers are no doubt familiar with the Supreme Court of Canada’s (SCC) July 12, 2012 release of judgments on the pentalogy of copyright cases. TheCourt.ca continues with its ongoing coverage of the cases, by considering Re:Sound v Motion Picture Association of Canada, 2012 SCC 38 (“Re:Sound”) in this post. Along with its 4 […]

Finding the Silver Lining for SOCAN in SOCAN v Bell

Growing up in a large family required frequent trips to Costco or, as it was at the time, Price Club. My mother would often do the extremely large shopping trips on her way home from work. Sometimes, however, those trips would be on the weekend – and with it came an invitation to join in […]

Amici Curiae : Toby’s Act, U.S.’s Battle Against Solitary Confinement and Canada’s New Copyright Reforms

Pride in Ontario: Amending the Ontario Human Rights Code Toronto is gearing up for what will be one of its proudest weeks yet. Ontario will not only be celebrating its booming pride community but also celebrating the Royal Assent of Bill 33, or Toby’s Act (Right to be Free from Discrimination and Harassment because of Gender Identity or […]

Appeal Watch: Hart, Three s. 8 PM(NOC) Cases and Thamby Denied Leave to Appeal

Appeal Watch: Hart, Three s. 8 PM(NOC) Cases and Thamby Denied Leave to Appeal  The Court Won’t Hear Court versus Church Earlier this week, the SCC refused to hear the case of Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada  2011 ONCA 728. While the church and the issue may be different, this […]