The Ideal Cease and Desist Letter – Informative and Only Covertly Threatening?

By Paula Bremner on April 21, 2017

The oft-used cease and desist letter (“C&D letter”) may have significant implications for both intellectual property (“IP”) owner and alleged infringer alike. Although the test for an improper C&D letter may be well-established, there have been relatively few cases where such letters have been held to be improper, and no reported cases dealing with actual […]


Double Patenting: A Tale of Three Dates

By Erica Lowthers and Kitt Sinden on April 20, 2017

Bristol-Myers Squibb Canada v. Apotex Inc., 2017 FC 296 (dasatinib/SPRYCEL™ – Justice Manson) In Canada, double patenting can be a difficult hurdle to overcome; the claims of a later-issued patent must be “non-coterminous” and “patentably distinct” from the claims of a co-owned earlier-issued patent. There are no procedural mechanisms in place, such as terminal disclaimers, […]


Another Reminder to Comply with CASL: The CRTC Imposes $15,000 Penalty for Non-Compliance

By Aaron Baer and Amy Marcen-Gaudaur on April 19, 2017

Canada’s Anti-Spam Legislation (“CASL”) creates a comprehensive regime designed to prohibit, among other things, unsolicited or misleading commercial electronic messages (including emails). As previously reported on The Spotlight, on July 1, 2017, CASL will introduce a new method for its enforcement: the private right of action. Until then, CASL continues to be enforced at the […]


Complimentary Webinar: Avoiding the Pitfalls

By The Spotlight on April 5, 2017

Join us for a complimentary webinar. Intellectual Property: Avoiding the Pitfalls Date: Thursday, April 20, 2017 Time: 10:00 – 11:00 a.m. ET Overview: Join our panel of experts as we examine the most common intellectual property mistakes made by entrepreneurs and business owners. Not having an early-stage IP strategy may put your most valuable assets at risk; […]


Complimentary Webinar: Canada’s Anti-Spam Legislation (CASL) – Are You Prepared for July 1?

By The Spotlight on April 4, 2017

Join us for a complimentary webinar. Canada’s Anti-Spam Legislation (CASL) – Are You Prepared for July 1? Date: Wednesday, April 19, 2017 Time: 9:00 – 10:00 a.m. ET Overview: Some of the most significant changes to Canada’s Anti-Spam Legislation (CASL) will take place in a few months. On July 1, 2017, the transitional provision of […]


Data Security & Employee Turnover: How to Protect Your Data When Employees Leave

By Aaron Baer and Amy Marcen-Gaudaur on March 27, 2017

Employee turnover is an unavoidable reality for nearly all businesses. In addition to creating a number of financial and logistical difficulties, employee turnover also raises a number of data security issues. Chief among these issues is data protection upon employee departure. Unfortunately, it has become common practice for employees to take sensitive and confidential corporate data […]


NAFTA Tribunal Finds Promise Doctrine Founded in 35 Plus Years of Canadian Jurisprudence – Not a Dramatic Change in the Requirements for Patent Utility

By Kitt Sinden and Paula Bremner on March 23, 2017

Summary Eli Lilly’s arguably last ditch attempt to challenge the Canadian courts’ invalidation of two Canadian patents relating to the drugs olanzapine (Zyprexa™) and atomoxetine (Strattera™), using a NAFTA arbitration, has been rejected.[1] Eli Lilly’s case was based on demonstrating a “dramatic change in Canadian patent law” relating to the introduction of the Promise doctrine […]


Canadian Federal Budget 2017 – Implications for Science and Innovation

By Kitt Sinden on March 23, 2017

The latest Federal Budget was introduced in Canadian parliament on March 22, 2017, with a focus on, among other things, science and innovation. Budget 2017 proposes to elevate the importance of science in government, with the establishment of a Chief Science Advisor and related secretariat. The Chief Science Advisor will be responsible for providing advice […]


Government of Canada Successful in Eli Lilly NAFTA Patent Arbitration

By Kitt Sinden on March 20, 2017

The NAFTA Arbitration Tribunal in the Eli Lilly “Promise of the Patent” doctrine proceeding has issued a ruling, and it appears that the result is not a good one for Eli Lilly. The proceeding was brought in 2013 by Eli Lilly under Chapter 11 of NAFTA, claiming damages arising from patents relating to atomoxetine (StratteraTM) […]


July 1, 2017 – Private Right of Action Under Canada’s Anti-Spam Law (CASL) – The Day Businesses Shake Their Head

By Paige Backman on March 1, 2017

If you’ve heard anything about CASL lately, you are aware that as of July 1, 2017, individuals and organizations are entitled to bring a “private right of action” in the courts against those that contravene certain provisions of Canada’s Anti-Spam Law (“CASL”). Potential damages of up to $1 million per day may be imposed. I […]


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