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IP Litigation Practice

REMINDER: Canada Day Is The Submission Deadline for Canada's IP Writing Challenge!

REMINDER: Canada Day Is The Submission Deadline for Canada's IP Writing Challenge!

Canada Day is fast-approaching.  This means it’s also time to prepare your submissions to Canada’s IP Writing Challenge!  The submission deadline is Monday July 1, at 5pm. The winner from each category will receive a prize of $1000 (CAD), publication on the IP Osgoode website, and consideration for publication in the Canadian Intellectual Property Review […]

Equitable Copyright on The Table

Equitable Copyright on The Table

A recent Ontario Superior Court ruling has attracted the attention of the copyright law community. On January 24th Master Abrams allowed the Delta Hotels v. Backus-Naur et al. motion pleading equitable ownership of copyright, an equity doctrine in many Commonwealth countries that is currently not legally recognized in Canada.

Stealth Bombers Back on the Radar – The Anton Piller Order

Stealth Bombers Back on the Radar – The Anton Piller Order

As the author of the highly publicized decisions of Kerwhizz and Temple Island Collections, Judge Birss of the England and Wales Patent County Court (PCC) is no stranger to controversy. In his latest judgment, Suh v Ryu, Birss J appeared to settle a relatively straightforward procedural matter. Closer scrutiny reveals that his reasons are reflective […]

Spat Between Pilot and Attendants’ Unions Results in Intrusive Disclosure Order

Spat Between Pilot and Attendants’ Unions Results in Intrusive Disclosure Order

In Manish Patel v Unite, [2012] EWHC 92 (QB), a pilot, who claims he was defamed and harassed by postings on the British Airline Steward and Stewardesses Association (BASSA) forum, applies to the court for an order to allow an independent expert to copy and examine the forum database in order to identify who posted […]

A Matter Of Timing? On Innovation, Patent Trolls And Litigation

A Matter Of Timing? On Innovation, Patent Trolls And Litigation

Brian Chau is a JD candidate at Osgoode Hall Law School. Brian J. Love, a teaching fellow at Stanford Law School, conducted an empirical analysis of litigation by various classes of patentees in a randomly selected sample of 1,143 patents issued from May 11, 1993 to May 10, 1994. The draft paper, entitled "An Empirical […]

The Prince of Purses v Les Misérables: Louis Vuitton’s Latest Lawsuit Against Counterfeiters

The Prince of Purses v Les Misérables: Louis Vuitton’s Latest Lawsuit Against Counterfeiters

Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. A recently-decided US case (Louis Vuitton Malletier SA v. Akanoc Solutions Inc.) has trumped Canada’s largest LVM settlement so far (Louis Vuitton Malletier SA v. Singga Enterprises Inc). While the company is arguably only protecting its market share as one of the world’s premier […]

Sony v Tenenbaum: The Trouble With Statutory Damages For Copyright Infringement

Sony v Tenenbaum: The Trouble With Statutory Damages For Copyright Infringement

Brian Chau is a JD candidate at Osgoode Hall Law School. In Canada and the United States, copyright owners may elect to recover an award of statutory damages for each work infringed instead of actual damages and profits. A wide range of statutory damages is possible and this has led to a series of troubling […]

Debate Over Hot-Tubbing In Patent Litigation

Debate Over Hot-Tubbing In Patent Litigation

Tracy Ayodele is a JD candidate at Osgoode Hall Law School and currently enrolled in Professor Ikechi Mgbeoji's Patents course, in Fall 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. Concerns surrounding expert testimony before the Courts, primarily the independence of experts, the length of […]

America Invents Act: Most Significant Patent Reforms Since 1952

America Invents Act: Most Significant Patent Reforms Since 1952

Nora Sleeth is a JD candidate at Osgoode Hall Law School. On September 16, 2011, President Obama signed the America Invents Act, initiating the most significant development in American patent law since 1952. The reforms are intended to aid inventors in bringing their inventions to market with the aim of improving business and employment opportunities. […]

Changes To Expert Witness Rules In Patent Litigation: What Are The Effects On Current Litigation In Canada?

Changes To Expert Witness Rules In Patent Litigation: What Are The Effects On Current Litigation In Canada?

Ken Anderson is a JD Candidate at Osgoode Hall Law School and currently enrolled in Professor Ikechi Mgbeoji's Patents course, in Fall 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. In August 2010, amendments to the Federal Courts Rules respecting expert witnesses came into effect. […]