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Infringement

Omega v. Costco and discounted luxury goods

Anjli Patel is an LLB Candidate at the University of Calgary Faculty of Law. Today’s post will be of interest to anyone who has ever extensively compared prices on big-ticket items before making a purchase. The US Supreme Court recently announced that it will review the case of Omega S.A. v. Costco Wholesale Corporation, 541 […]

Another Stop to Free Downloads of Music Online: LimeWire Liable for Copyright Infringement

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. Granting summary judgment in favour of the music industry, a US federal court has found peer-to-peer file-sharing service LimeWire liable for copyright infringement. This judgment is yet another in a long line of cases that have established that distributing and maintaining a file-sharing service […]

The Copyright Status of Football Matching Lists

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. In Football Dataco Ltd & Ors v Brittens Pools Ltd & Ors the England and Wales High Court has recently ruled on the copyright status of annual football fixtures lists produced and published for the purposes of the English and Scottish Premier leagues and […]

Virtual Virtuosity: Or the Difficulty of Distinguishing Masterpieces from Masterworks

Roger S. Fisher, Ph.D., J.D. teaches courses at York University on law, humanities and copyright policy. He is a member of the Bar of Ontario and is currently working on a project entitled “Antigone Rests Her Case: Law, Legal Discourses and Discourse Shifting in Sophocles’ Antigone.”  The law has always had an uneasy relationship with […]

Damages in the case of i4i Limited Partnership v. Microsoft Corporation

Nassim Nasser is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Microsoft Corporation was, yet again, defeated when the United States Court of Appeal for the Federal Circuit upheld the trial’s court’s decision in favour of the Toronto based software company i4i Limited Partnership (i4i). The dispute between […]

A New Proposal to Protect Canadian Musicians: The iPod Levy

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. Along with the large amount of copyrighted music that gets copied in Canada without compensating the musician, there are attempts to make sure that some money goes back to Canadian musicians. For example, every time you buy blank media such as a CD or […]

The Written Description Requirement as Interpreted in Ariad v. Eli Lilly

George Nathanael is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Earlier this week the U.S. Court of Appeals for the Federal Circuit (CAFC) released an en banc decision on the case of Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company. Ariad sued Eli Lilly for infringement of […]

Inventorship in the 21st Century

Keldeagh Lindsay is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. “In our system of patent law, the identity of the inventor is, for the most part, overshadowed by the issue of invention.” (Apotex v. Wellcome [2001] 1 F.C. 495, at para. 27) The Patent Act does not define “inventorship”, […]

Advocate General Mengozzi releases opinion on Monsanto v. Cefetra

George Nathanael is a JD candidate at Osgoode Hall Law School. Last week, Advocate General Paolo Mengozzi of the European Court of Justice released his opinion on the questions referred by a Dutch court concerning the case of Monsanto Technology LLC v. Cefetra BV and Others. The case involves Monsanto’s attempt to prevent imports of […]