Availability of Non-infringing Product is Relevant in Determining Profit Recovery for Infringing Activities

By | snIP/ITs | February 24, 2017
By Kaitlin Soye and David Tait Kaitlin SoyeDavid Tait In a recent decision (Apotex Inc. v. ADIR, 2017 FCA 23), the Federal Court of Appeal determined that the Federal Court erred in law by rejecting the relevance at law of any available non-infringing product and failed to adequately consider the evidence adduced as to the ability and willingness of three suppliers to provide non-infringing product. View Full Post
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Canadian Securities Administrators Fintech Initiatives: Regulatory Sandbox and Co-Operation

By | snIP/ITs | February 24, 2017
By Ana Badour and Laure Fouin Ana BadourLaure Fouin On February 23, 2017, the Canadian Securities Administrators (CSA) announced the launch of a regulatory sandbox. A regulatory sandbox aims at supporting Fintech businesses by allowing them to apply to the regulator to benefit from a more tailored approach to regulation that balances the need to facilitate the use of innovative products, services and applications all across Canada with appropriate investor protection. View Full Post
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London Auction Sales Next Week Will Test Strength of International Art Market

By | Art Law | February 24, 2017
In recent art world news, next week’s auction sales of Impressionist, modern and Surrealist art in London will test the strength of the international art market in this current climate of uncertainty.  The art world, of course, is hoping that it will be business as usual and perhaps even a strong market for investment-grade Guaguins and Magrittes. View Full Post
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Social Links: Google Maps Gets Social; Twitter Puts Trolls in Time Out; Today’s Teens Take to Chat Rooms

New York City’s Conflicts of Interest Board has issued guidelines prohibiting elected officials from using official social media accounts for political purposes or having their staff draft content for their personal social media accounts. Congress has begun paving the way for the deployment of autonomous vehicles. View Full Post
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NEW CYBERSECURITY WATCHDOG SUGGESTS GREATER COMPLIANCE CHALLENGES AHEAD FOR OVERSEAS COMPANIES IN CHINA

By: Scott Thiel, Carolyn Bigg, Paula Cao Developments this month continue to signpost a more challenging compliance environment ahead for non-Chinese technology companies and those operating online in China. The Chinese Government’s continued scrutiny over cyberspace continues apace, with the announcement of a new cybersecurity watchdog. View Full Post
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Is This the Beginning of the End of Flo & Eddie’s Quest to Establish a Public Performance Right Under State Copyright Law?

Is This the Beginning of the End of Flo & Eddie’s Quest to Establish a Public Performance Right Under State Copyright Law? Former recording artists Flo & Eddie’s three-and-a-half-year battle against Sirius XM Radio, Inc., for recognition of a public performance right under New York law for pre-1972 sound recordings has come to an end. On Feb. 16, 2017, the Second Circuit Court of Appeal issued an order directing the district court to grant Sirius XM Radio’s motion for summary judgment on the ground that no such state law right of public performance exists, and to dismiss the case with prejudice. View Full Post
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Likelihood of Confusion at Its Most Blatant

By | DuetsBlog | February 24, 2017
Likelihood of Confusion at Its Most Blatant Imagine my surprise and amusement to find a recent shipment of wine included a very interesting red blend. The bottle featured a name that would make any trademark lawyer do a double-take: IMG_0630 That’s LIKELIHOOD OF CONFUSION wine, 2015 vintage (a good year for consumer confusion). Of course, the wine itself invites confusion, as indicated on the back label: Likely to be confused with the boldest wine you’ve had, this dry red derives its riper fruit from Paso Robles’ heat, ensureing it suits heavy steak dishes. View Full Post
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Supreme Court Limits Foreign Reach of the U.S. Patent Act

The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling yesterday by the United States Supreme Court. The court found significant limitations on the reach of Section 271(f)(1), a law that states that it is an act of patent infringement to supply from the United States, “all or a substantial portion of the components of a patented invention,” to induce the combination of such components abroad. View Full Post
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Google Ordered to Comply with Warrant for Foreign-Stored User Data

Google Ordered to Comply with Warrant for Foreign-Stored User Data In a major development for cloud and other data storage providers, and further complicating the legal landscape for the cross-border handling of data, a Federal Magistrate Judge in the Eastern District of Pennsylvania ruled for the Department of Justice and ordered Google, Inc., to comply with two search warrants for foreign-stored user data. View Full Post
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