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IP Litigation Practice

US Court of Appeals Rejects Freelance Authors’ Settlement In Follow Up To Tasini Precedent

US Court of Appeals Rejects Freelance Authors’ Settlement In Follow Up To Tasini Precedent

Nora Sleeth is a JD candidate at Osgoode Hall Law School. The National Writers Union, The Authors Guild, and the American Society of Journalists and Authors, along with 21 individual writers, have filed a class action lawsuit against several major print and electronic publications. On August 17, 2011, the US Court of Appeals for the […]

Ontario Court of Appeal Rules In Tucows v. Renner: Domain Names Are Personal Property

Ontario Court of Appeal Rules In Tucows v. Renner: Domain Names Are Personal Property

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. It’s no secret that domain names have value on the secondary market, with desirable domain names fetching upwards of $1 million. A recent Court of Appeal of Ontario decision (Tucows.com Co. v. Lojas Renner S.A., 2011 ONCA 548) has clarified that, at […]

US Court Of Appeals Takes Inequitable Conduct To The Next Level In Therasense v. BD

US Court Of Appeals Takes Inequitable Conduct To The Next Level In Therasense v. BD

Danny Titolo is a JD candidate at Osgoode Hall Law School. An en banc US Federal Circuit court recently delivered its opinion on inequitable conduct in Therasense, Inc. v Becton, Dickinson & Co. The majority opinion raised the standard for demonstrating an inequitable conduct defence. The new standard now requires an intention to deceive and that […]

Ontario Court of Appeal Opines On Technology Licences In Receivership Case

Ontario Court of Appeal Opines On Technology Licences In Receivership Case

Renée Brosseau and Andrea Rush are partners at Heenan Blaikie LLP and were counsel for GeoDigital International Inc. in the appeal in Canrock Ventures LLC v. Ambercore Software Inc. and Terrapoint Canada (2008) Inc. The sale of a business in the context of a receivership occurs on an “as is where is” basis. The would-be purchaser of […]

Whither Survey Evidence? What The Supreme Court Of Canada Said In Masterpiece

Whither Survey Evidence? What The Supreme Court Of Canada Said In Masterpiece

Ruth M. Corbin, Ph.D., LL.M., is the Managing Partner at CorbinPartners Inc. and an Adjunct Faculty member at Osgoode Hall Law School.[1] The Supreme Court of Canada, in its recent “Masterpiece” decision,[2] sent a strong message to the legal and social science communities with respect to survey evidence.

Pet-Door Patent Dispute Over Jurisdiction Clarified By US Court of Appeals

Pet-Door Patent Dispute Over Jurisdiction Clarified By US Court of Appeals

Kalen Lumsden is a JD Candidate at Osgoode Hall Law School. Radio Systems Corp. v. Accession, Inc., No. 10-1390 (Fed. Cir. Apr. 25, 2011) overrules a 2003 decision that sending a cease-and-desist letter to an infringing party in another state was sufficient to grant the addressee’s state jurisdiction over the owner in future patent enforcement.

ACS:Law fined £1000 for Sloppily Securing File-Sharers’ Personal Details

ACS:Law fined £1000 for Sloppily Securing File-Sharers’ Personal Details

Kalen Lumsden is a JD candidate at Osgoode Hall Law School. Andrew Crossley, the sole practitioner of ACS:Law has been fined £1000 for failing to properly secure the personal details of file-sharers targeted by his firm. Among the information leaked was the identities of individuals ACS:Law had threatened with legal action for file-sharing pornography.