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Infringement

SickKids in Court - Are Public-Private Research Collaborations a Hindrance or a Driver of the Innovative Process?

SickKids in Court - Are Public-Private Research Collaborations a Hindrance or a Driver of the Innovative Process?

A recent lawsuit filed by Myriad Genetics involving the alleged infringement of their controversial breast cancer screening tool has included the prestigious Toronto SickKids hospital as a co-plaintiff. This lawsuit has been a source of criticism for the hospital and has reinvigorated the debate on the merits of public-private research collaborations in health care innovation.

"The Hopper" Vaults Over Another Requested Injunction

"The Hopper" Vaults Over Another Requested Injunction

Watching a television program only to have it cut to commercial during a dramatic scene has always been a frustrating, yet accepted, experience for those of us watching primetime television - until now. The Dish Network recently released technology which allows viewers to skip through commercial breaks, much to the dismay of broadcast networks, and […]

Court Grants Largest Patent Infringement Damages Award in Canadian History

Court Grants Largest Patent Infringement Damages Award in Canadian History

On July 16, 2013, the Federal Court released its decision granting the largest award of damages for patent infringement in Canadian history.  In Merck & Co., Inc. v. Apotex Inc. (2013 FC 751) (“Merck”), Justice Snider found that Merck is entitled to over $119 million in damages, plus interest, for Apotex’s infringement of Merck’s patent […]

Splitting the Difference Between Antitrust and Intellectual Property: FTC v Actavis

Splitting the Difference Between Antitrust and Intellectual Property: FTC v Actavis

The dividing line between intellectual property and antitrust laws was further clarified last week when the Supreme Court of the United States (SCOTUS) settled a debate on the illegality of Reverse Payment Agreements (RPAs) in Federal Trade Commission (FTC) v Actavis. In so doing, the Court split the difference between the FTC’s assertion that RPAs […]