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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 […]

Manitoba Telecom Services – Silence Through Predictability

Pensions are often the lifeline for the millions of pension holders once they retire. Pension plans also fluctuate in value if parts of the funds are invested in securities. In such cases, actuarial surpluses occur when a fund’s assets are greater than the actuarial estimate of the pension plan’s liabilities, and sometimes it is not […]

Access to Justice Avenue Towards Class Action Certification Widened in Cavanaugh v Grenville Christian College

On 24 February 2014, the Ontario Divisional Court allowed the certification of a class action on the basis that the need to ensure that the plaintiffs received access to justice outweighed the difficulties that their many individual issues could produce for a trial: Cavanaugh v Grenville Christian College, 2014 ONSC 290 [Cavanaugh]. This case is […]

The USSC Revisits the Fraud-on-the-Market Principle in Halliburton Co v. Erica P John Fund

Last Wednesday, the United States Supreme Court heard oral arguments for Halliburton Co. v. Erica P. John Fund, thereby revisiting the contentious “fraud-on-the-market” principle adopted in the 1988 case of Basic Inc. v. Levinson, 485 US 224 (1988). The principle works as follows: open and developed securities markets are efficient and all relevant information about […]

The Federal Court of Canada Orders Teksavvy to Release Customer Identities to Film Production Company

On 20 February 2014, the Federal Court of Canada (FCC) ordered (2014 FC 161) that Teksavvy Solutions Inc. (Teksavvy), an Internet Service Provider, must release the names and addresses of 2,000 customers who allegedly downloaded copyrighted films. Voltage Pictures LLC (Voltage), a film production company that produced the Oscar-winning film The Hurt Locker, sought this […]

The European Commission Secures Modest Concessions from Google in the Internet Giant’s Latest Anti-trust Battle

Google, as part of a settlement with European competition regulators, has conceded some ground in the European search market by agreeing to display competitor results in its search results. These concessions will be the most significant that Google has made in response to an antitrust inquiry to date. The proposed settlement still requires approval from […]

Metadata and the Fourth Amendment

The American National Security Agency’s (NSA) bulk metadata collection program has been the subject of considerable scrutiny ever since The Guardian revealed the program’s existence last summer as part of its reporting on leaks from former NSA contractor Edward Snowden. Perhaps the most salient legal issue regarding the metadata program is whether it violates the […]

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, “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 […]

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 SCC 73 [Cinar Corp] constitutes the Supreme Court of Canada’s (“SCC”) most recent iteration on the latter. While the case reinforces a […]

How sure do police have to be of a safety risk to search? The Supreme Court clarifies in R v MacDonald

In R v MacDonald, 2014 SCC 3 [MacDonald], the Supreme Court of Canada has clarified the constitutional bounds of police searches conducted to ensure the safety of police or the public (“safety searches”). In a narrow majority (4:3), LeBel J held that safety searches do not violate section 8 of the Charter as long as […]