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HTMLFederal Trade Secret Law Gives Businesses New Means to Protect Their Rights
Duane Morris LLP;
Legal Alert/Article
July 23, 2016, previously published on May 11, 2016
Today, President Obama signed into law the Defend Trade Secrets Act of 2016 (“the DTSA”) after its near-unanimous passage by both the U.S. House of Representatives and U.S. Senate in April 2016. Effective immediately, the DTSA grants trade secret owners a private right of action with a...

 

HTMLA Binding "Clickwrap Agreement" From Paper?
Richard Stobbe; Field Law;
Legal Alert/Article
July 23, 2016, previously published on July 5, 2016
Consumers and businesses routinely enter into binding contracts by means of both paper agreements and online “click-through” agreements. But what happens when you face a “hybrid” contract? Can a binding contract be formed merely with a link to another set of terms?

 

HTMLSolicitors for the Defendants are Not Removed as Counsel Even Though the Plaintiffs Had Contacted Them about Representation Years Prior
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
July 23, 2016, previously published on July 14, 2016
The Federal Court has upheld a decision to not remove counsel as solicitors of record for the defendants. The plaintiffs had argued that when they were seeking counsel for this proceeding they had imparted confidential information to the sollicitors who are now counsel to the defence.

 

HTMLSupreme Court Decides Two Key Aspects of IPR in Cuozzo Speed Techs., LLC v. Lee
Linyu Mitra, Brad Michael Scheller, Gurneet Singh, Catherine Xu; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 22, 2016, previously published on June 30, 2016
Supreme-Court-seal II. jpgThe U.S. Supreme Court ruled on June 20, 2016 in Cuozzo Speed Techs., LLC v. Lee that: (1) the statutory authority of the Patent Trial and Appeal Board (“Board”) in instituting an inter partes review (“IPR”) proceeding is final and non-appealable,...

 

HTMLPitfalls When Refiling a Priority Application under Article 4 of the Paris Convention
Terri Meiee Shieh-Newton, Matthew D. Show; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 22, 2016, previously published on June 30, 2016
Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. This post discusses some of the pitfalls of pursuing such a strategy as well...

 

HTMLProthonotary's Dismissal of a PM (NOC) Application Pursuant to s. 6(5)(b) Upheld On Appeal
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
July 22, 2016, previously published on July 7, 2016
Celltrion brought a motion pursuant to s. 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulation (the NOC Regulations) to have the application dismissed. The Prothonotary granted that order. Janssen appealed, and also requested that the stay in the Prothonotary's Order be varied to...

 

HTMLThe eIDAS Regulation: Introducing New Electronic Signature Rules
Viola Bensinger, Carsten Kociok, Stefan Lütje; Greenberg Traurig Germany, LLP;
Legal Alert/Article
July 22, 2016, previously published on July 1, 2016
On 1 July 2016, new rules for electronic signatures and other electronic trust services under the 2014 eIDAS Regulation will become effective in all member states of the European Union. Since it is a regulation, no implementation into the national laws will be necessary.

 

HTMLEU-U.S. Privacy Shield v 2.0 Signed, Sealed, and Delivered
Françoise Gilbert, Marie-José van der Heijden; Greenberg Traurig, LLP;
Legal Alert/Article
July 22, 2016, previously published on July 8, 2016
The European Commission and the U.S. Department of Commerce have agreed on a new draft of the Privacy Shield agreement (Shield v 2.0). The documents that form the Privacy Shield v 2.0 are an updated version of those that were published in late February 2016, and were subsequently criticized by the...

 

HTMLOrder of Prohibition Granted in Respect of Compound Patent but Refused in Respect of Patent Relating to Salt
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
July 22, 2016, previously published on July 7, 2016
This is an application under the Patented Medicines (Notice of Compliance) Regulations related to two patents. The first patent (the '840 Patent) claims the commercial compound, atazanavir, and the second patent (the '736 Patent) claims a particular salt. The Court found that the allegations in...

 

HTMLKeep Calm and IP On: Planning for UK IP Post-Brexit
Michael Benjamin Marion, Michael T. Renaud, Brad Michael Scheller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 27, 2016
This past Thursday the Brexit vote sent shockwaves around world, including the IP community and in particular with respect to IP rights in the UK and Europe. But concerns at the moment are speculative as nothing yet has changed.

 


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