snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: January 2014

2013 Technology Law Year in Review

Posted in Consumer Protection, Contracting/Outsourcing, E-Commerce, M&A/Finance, Privacy, Regulatory Compliance

2013 was a very active year in the tech sector in Canada.  Some of the leading developments over the last year are summarised below.

Tech Transactions – Turbulent Year for BlackBerry (Fairfax transaction)

2013 was a turbulent year for the Canadian leader of the telecommunications industry. It started with a change of name, from Research in Motion Ltd. to BlackBerry, in order to rebrand the company and to be more successful on the stock market. A few months later, BlackBerry publicly announced that it was reviewing its strategic alternatives for the future. In November, BlackBerry received an investment of U.S. … Continue Reading

New Jersey District Court dismisses proposed antitrust class action over LAMICTAL patent settlement

Posted in Intellectual Property, Patents

On January 24, 2014, the District Court released its reconsideration opinion again dismissing a previously-dismissed proposed antitrust class action against GSK and Teva under the “rule of reason” test set down in the 2012 U.S. Supreme Court’s Actavis decision.

In doing so, the Court made some important statements about Actavis:

  1. It does not allow scrutiny of all patent settlements with anticompetitive potential.
  2. It requires scrutiny only of patent settlements that contain “reverse payments”.
  3. A “reverse payment” must include the exchange of money.

GSK and Teva had settled patent litigation over LAMICTAL (lamotrigine) tablets, which are used to treat epilepsy … Continue Reading

Recent Lessons in Preparing for and Responding to Security Breaches

Posted in Privacy

Target recently acknowledged that it suffered a massive security breach over the holiday season between November 27 and December 15.  The result of the breach was that over 110 million credit and debit accounts which include customer names, credit and debit card numbers, card expiration dates and the three-digit security codes were stolen.

It was discovered during the investigation into the breach that the security breach was caused by a sophisticated malware that had the ability to infect individual point of sale devices, monitor data processes on the devices, then transmit the data outside of the retailer. The sophistication of … Continue Reading

McCarthy Tétrault launches Canadian Class Actions Monitor blog

Posted in Awards and Recognitions

For those who may be interested, McCarthy Tétrault has just launched its eleventh blog, Canadian Class Actions Monitor, at The blog provides the firm’s views on class actions across Canada in sectors including securities, financial services, product liability, competition, healthcare and other areas of business. It also comments on the impact of class actions on Canadian businesses and the legal landscape, and shares our insights on specific class actions in Canada, related developments and cross-border influences

Please visit the blog!… Continue Reading

The Treacherous Gap Between Goods and Services in Trade-marks Law

Posted in Intellectual Property, Trade-marks

Although it may seem arbitrary to a layperson, the gap in legal treatment between trade-marks for goods and trade-marks for services is treacherous for trade-mark owners. This gap can result in the loss of valuable rights, or the inability to enforce important trade-mark registrations. The recent NetJets case discussed below highlights how even a valuable mark can be deemed “abandoned” because it falls between the cracks of use for goods and use for services. While NetJets is a U.S. case, a very similar result could arise under Canadian law.

Use for Goods  – A Strict Standard

To understand how this … Continue Reading

Le CRTC Publie des FAQs sur la Loi Canadienne Anti-Pourriel

Posted in E-Commerce

The English version of this article is available here.

Le 18 décembre 2013, le CRTC a publié une série de FAQs pour aider les organisations et les individus concernés dans leurs efforts pour se conformer à Loi canadienne anti-pourriel (la « Loi anti-pourriel »), qui entrera en vigueur en juillet 2014. Bien que les FAQs ne fournissent que des orientations supplémentaires limitées, elles sont utiles comme source agrégée d’information, des bulletins, de lignes directrices et d’autres déclarations concernant la Loi anti-pourriel publiés par le CRTC.

La Loi anti-pourriel est largement considérée comme la législation de messagerie électronique commercial la … Continue Reading

Canada’s Anti-Spam Law FAQs Released by CRTC

Posted in E-Commerce

La version française de cet article est publiée ici.

On December 18, 2013, the CRTC released a series of FAQs to help affected organizations and individuals in their efforts to comply with Canada’s Anti-Spam Legislation (CASL), which will begin coming into force in July 2014.  Though the FAQs provide limited additional guidance, they are useful as an aggregated source of information, bulletins, guidelines and other statements about CASL released by the CRTC.

CASL is widely considered to be the toughest commercial electronic messaging legislation in the world, and its coming into force will have significant implications for … Continue Reading

Canadian Appeals Monitor wins Clawbie

Posted in Awards and Recognitions

We are delighted to share that McCarthy Tétrault’s Canadian Appeals Monitor blog has received a 2013 Clawbie (Canadian Law Blog Award) in the Practice Group Blog category, for its overall excellence in covering Canada’s appellate courts and cases.

2013 Canadian Law Blog Awards WinnerCanadian Appeals Monitor is one of McCarthy Tétrault’s 10 blogs covering a variety of practice areas. The Clawbies highlight in particular “This Week at the SCC” as “a strong regular contribution” that “really does take a national firm to pull off.”

We are also very proud of our partner Barry Sookman, whose eponymous Barry Sookman blog was a runner-up in … Continue Reading