In a tale of best intentions gone wrong, the Office of the Information and Privacy Commissioner of Alberta (“Commissioner”) recently found in Bow Valley College (Re), 2013 CanLII 52666 (AB OIPC) that an educational institution that recycled its servers without ensuring the data on them had been wiped had not met privacy requirements. The decision identifies some key considerations for corporations decommissioning and disposing of technology.
Bow Valley College (“BVC”) had 21 servers it was decommissioning. Mindful of environmental concerns, it contacted a third party, the Electronic Recycling Association of Alberta (“ERA”), … Continue Reading
This is the latest chapter in the story involving Canada’s judge-made “promise of the patent” doctrine, which is sometimes referred to as the “promise doctrine” or “promise of the patent”. The promise doctrine essentially states that in order to constitute a useful (and therefore patentable) invention, an invention must not only be useful for some purpose, but it must also make good on any promise of utility found in the disclosure of the patent.
On September 12, 2013, Eli Lilly filed a $500 million claim against the Government of Canada over “invalidated patents”, alleging that Canada has “violated its obligations … Continue Reading
On September 12, 2013, a panel of three judges of the Ontario Court of Appeal unanimously upheld the decision of the Ontario Superior Court earlier this year to grant partial summary judgment to Abbott and Takeda, denying Apotex’s claim for disgorgement of profits on the basis of unjust enrichment.
The case involved a claim for damages arising from Abbott’s invocation of the Patented Medicines (Notice of Compliance) Regulations, relating to its drug Prevacid®. The PM(NOC) proceedings were ultimately discontinued by Abbott following a settlement agreement between the parties, and Apotex thereafter brought an action in the Ontario Superior Court for … Continue Reading