Commercial Technology Transactions Commercial Technology Transactions

Federal Court of Appeal infuses greater certainty into the Canadian obviousness analysis

In Ciba Specialty Chemicals Water Treatments Limited v SNF Inc., 2017 FCA 225, the Federal Court of Appeal suggests that trial courts may have...

Québec Superior Court reaffirms the federal government’s exclusive jurisdiction over telecommunications

In Vidéotron c. Ville de Gatineau, 2017 QCCS 3571, the Québec Superior Court invalidated bylaws adopted by the cities of Gatineau and Terrebonne....

Major U.S. court decisions change patent landscape for Canadian companies

A pair of recent U.S. Supreme Court decisions in patent cases have the potential to alter the risk landscape for cross-border commercialization.

Supreme Court of Canada upholds global search engine de-indexing decision: Five implications for internet intermediaries

On June 27, 2017, the Supreme Court of Canada upheld an injunction that requires Google to remove an entire website from its global search index, in...

Supreme Court of Canada lends an enforcement hand to intellectual property right owners

In Google Inc v Equustek Solutions Inc, 2017 SCC 34 (June 28, 2017) (Equustek), the Supreme Court held that Canadian courts have discretion to issue...

Canadian government suspends CASL private right of action

The Canadian federal government has announced that it has suspended the coming into force of the private right of action under Canada’s anti-spam...

Vendor management – how to protect your data

Giving vendors access to your systems and data can be critical to your organization’s success but can also create significant risks. Managing your...

New international commercial arbitration regime takes effect in Ontario

On March 22, 2017, a new international commercial arbitration act for Ontario came into force. The International Commercial Arbitration Act, 2017...

First-ever judgment on Canadian information technology patent signals caution for owners of broad patents

In January 2017, the Federal Court found in MediaTube v Bell that Bell’s IPTV does not infringe a Canadian patent, signalling to information...

CASL’s first compliance and enforcement decision: lessons learned

Find out what your business can learn from the CRTC’s first CASL enforcement decision.