snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: September 2015

Federal Court Conditionally Certifies Privacy Breach Class Action

Posted in Data Breach, Privacy

In the recent decision of Doe v Her Majesty The Queen, 2015 FC 916 (“Doe”), the Federal Court granted conditional certification of a class action brought on behalf of members of the Marihuana Medical Access Program (“MMAP“). This conditional certification is notable as it, alongside the recent case Evans v. Bank of Nova Scotia (“Evans“), is one of the few class actions certified in Canada relating to breaches of privacy. Particularly of interest is the Plaintiffs’ allegation that the Defendant committed the tort of intrusion upon seclusion and of publicity given to private … Continue Reading

Aiming for More Patents Can Hurt IP Portfolio Value

Posted in Intellectual Property, Patents

Every year, executives at major companies showcase the number of patents they have filed and/or have been granted. They often use these statistics as a proxy for their level of innovation and to justify their legal spend. The resulting race to get the highest number of patents can result in the unintended consequence of a weak (and expensive) IP portfolio.

If a primary metric for business success is the number of patents, ambitious managers who want to get their year-end bonuses may push to proliferate patent filings for lower value technology. Another way to boost year end numbers is to … Continue Reading