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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.

EA Loses Battle to Put Athlete’s Likeness in Video Game

In a victory for athletes specifically, and proponents of personality rights generally, the US Ninth Circuit Court of Appeal has ruled against Electronic Arts (EA) in its use of former college quarterback Sam Keller’s likeness in the NCAA Football video game series. This news has costly implications for EA.

"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 […]

Canada and US Continue to Diverge on Geolocational Privacy

Just because technology now exists to track a person through their mobile phone does not mean you are legally entitled to do so.  This was the main conclusion by the Supreme Court of New Jersey in their unanimous, groundbreaking geolocational privacy decision in State v. Earls.

Yahoo! Wins Twice At the US Foreign Intelligence Surveillance Court

On July 15th, 2013, Judge Walton of the US Foreign Intelligence Surveillance Court (“FISC”) granted a motion put forward by Yahoo on June 14th, which called for the release of more details about the government’s push in a 2008 case to obtain user data under the Protect America Act.

Time for a Change? Fraser Institute Urges Canada to Strengthen its Pharmaceutical IP Laws

A little over a week ago, the Fraser Institute, a prominent and independent Canadian public policy think tank, released a report calling for a strengthening of intellectual property protection for pharmaceuticals in Canada. The report claims that the changes would produce an increase in trade opportunities and access to foreign markets that would generate an […]

WIPO Conference: Bringing Copyrighted Works to Visually Impaired Persons and People with Print Disabilities

From June 18- 28, nation states were conducting negotiations for an international treaty to secure copyright exceptions for the visually impaired and people with print disabilities. These discussions, hosted by the World Intellectual Property Organization (WIPO), may secure the ability of nation states to allow conversion of published works to braille, large print and audio […]

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 […]