On March 16, 2015, Justice Barnes held that AstraZeneca’s Patent No 1,292,693 (“’693 Patent”), a formulation patent for omeprazole, was valid and infringed by Apotex (2015 FC 322). This decision represents the latest entry in the 22-year old cross-jurisdictional Omeprazole saga between AstraZeneca and Apotex. Because the proceedings were bifurcated, a separate reference for damage […]
On March 16th, the Supreme Court of Canada (SCC) heard oral arguments in CBC v SODRAC . The SCC granted leave to appeal from the Federal Court of Appeal (FCA) decision back in September, which originally stemmed from a 2012 Copyright Board (the “Board”) decision. The issue centers on whether broadcasters should be required to pay […]
The US Copyright Office has published a report that, at the very least, promises to reopen the debate surrounding rights of remuneration for performers and makers of sound recordings. This followed huge publicity generated in the United States about artist remuneration rates for webcasting, which in turn was sparked by pop pixie Taylor Swift’s pronouncement that her […]
On March 19th-21st, 2015, the 13th Annual Oxford International Intellectual Property Moot took place in Oxford, England. It is the largest student mooting IP competition in the world, attracting top IP talent from every corner of the globe. The moot is judged by some of the most prominent IP professionals and academics.
Let’s get it on Right now, Robin Thicke must hate the blurred lines of copyright infringement. According to reports, a U.S. district court jury in Los Angeles recently ruled in favour of the Marvin Gaye estate, concluding that the authors of 2013’s song of the summer, “Blurred Lines”, are liable for copyright infringement. Fresh off […]
I had the opportunity to speak with Owen Byrd, the Chief Evangelist and General Counsel for the Legal Analytics company Lex Machina. Based in Menlo Park, California, Lex Machina is one of the many legal technology startup companies that has recently sprouted in the Silicon Valley area. As a leader in the intersection of legal […]
Canadian science fiction writer, journalist, and blogger Cory Doctorow has published a new book on Copyright and Digital Rights Management (DRM) reform Information Doesn't Want to Be Free. The book approaches these subjects from a content creator's perspective, and is a succinct and thoughtful piece that explores the challenges of Copyright and the use of Digital Rights […]
Since 2007, IP Osgoode awards prizes every year to students of Osgoode Hall Law School for their contributions to our website. These prizes are generously sponsored by the law firm of Gowling Lafleur Henderson LLP. We are happy to announce that IP Osgoode will once again be issuing the series of four prizes, the Gowlings […]
In Teva Pharmaceuticals USA Inc v Sandoz Inc, a patent infringement case evolved into an opportunity for the Supreme Court of the United States (SCOTUS) to settle a decades-long controversy regarding how the Federal Circuit should review patent construction claims. By convention, the Federal Circuit has reviewed such claims de novo, ignoring Rule 52(a) of […]
The world has many problems to solve. Billions live without reliable energy and lack adequate access to water, healthcare, and education. More people die from lack of clean water than from war. Our food system, the primary source of income for billions, must grow to meet the needs of another two billion people. Poverty is […]