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HTMLBREAKING NEWS: Safe Harbor 2.0 Agreement Reached
Françoise Gilbert; Greenberg Traurig, LLP;
Legal Alert/Article
February 12, 2016, previously published on February 2, 2016
On Feb. 2, 2016, representatives of the European Commission and the United States agreed on a new framework for transatlantic data flow: the EU-US Privacy Shield. The arrangement still needs to be approved by representatives of the individual EU states and the EU Parliament which will be sought in...

 

Adobe PDFObviousness in Inter Partes Review Proceedings
Joseph M. Beauchamp, David B. Cochran, Yury Kalish, Thomas W. Ritchie; Jones Day;
Legal Alert/Article
February 12, 2016, previously published on February 2016
Apparently the Patent Trial and Appeal Board (“PTAB”, “the Board”) loves obviousness. In 2015, nearly twothirds of claims instituted for inter partes review (“IPR”) were based on obviousness grounds,1 as illustrated in Chart 1.

 

HTMLLooking Back on 2015 in Canadian IP Law and Practice
Neil Padgett, Jennifer Ponton; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
February 11, 2016, previously published by IP Update - Canada, Smart & Biggar's Canadian intellectual property and technology law update
With 2015 behind us and a new year ahead, we have selected our top 10 highlights from Canadian IP law and practice in the past year.

 

HTMLPolitical Agreement Reached on US-EU Safe Harbor; Details “Hazy”
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 11, 2016, previously published on February 2, 2016
According to press reports, European Union and U.S. negotiators in Brussels finalized what is being called a “political agreement” on a new Safe Harbor transatlantic data transfer agreement. European Union justice commissioner Vera Jourová will present the agreement to the...

 

HTMLAttention Biotech Patentees: Revised Sequence Listing Requirements in Effect before the Canadian Intellectual Property Office (CIPO)
David E. Schwartz; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
February 11, 2016, previously published by IP Update — Canada, Smart & Biggar's Canadian intellectual property and technology law update on February 8, 2016
CIPO has adopted a practice whereby, upon entry of a PCT application into the Canadian national phase, CIPO will obtain the sequence listing directly from WIPO, if it was filed as part of the international application in electronic form. This should simplify national phase entry in Canada.

 

HTML(So) What If There’s No Safe Harbor 2.0?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 11, 2016, previously published on January 28, 2016
There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially illegal personal data transfers to the US. But if it doesn’t...

 

HTMLPrivacy Shield Replaces EU-US Data Transfer Agreement
Kenneth Mullen; Withers Bergman LLP;
Legal Alert/Article
February 11, 2016, previously published on February 3, 2016
The EU and US have agreed a new arrangement, labelled the 'Privacy Shield', to enable the transfer of data between both regions. The new agreement replaces the 'Safe Harbour' deal, which was struck down by the European Court of Justice in October 2015.

 

HTMLMount Lyell Isn't the Only Thing Looming Tall over Yosemite
Emily E. Vlasek; McDonald Hopkins LLC;
Legal Alert/Article
February 11, 2016, previously published on January 22, 2016
Yosemite National Park (the “Park”) is changing the names of several of its iconic buildings and landmarks, some of which are even on the National Register of Historic Places, due to trademark concerns after awarding a $2 billion federal contract to a new concessionaire.

 

HTMLFederal Court Awards Legal Costs Of $6.5 Million in Patent Infringement Case
Mark G. Biernacki; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
February 11, 2016, previously published by IP Update Canada - Smart & Biggar's Canadian intellectual property and technology law update on February 8, 2016
Recently, Justice O’Keefe of the Federal Court issued his public Reasons for Judgment concerning a costs award from the liability phase of a patent infringement action between the Dow Chemical Company (“Dow”) and NOVA Chemicals Corporation (“Nova”), 2016 FC 91. Dow was...

 

HTMLFederal Court of Appeal Considers Standard for “Obvious To Try” Test
Kendra Cann; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
February 11, 2016, previously published by IP Update Canada - Smart & Biggar's Canadian intellectual property and technology law update on February 8, 2016
On December 15, 2015, the Federal Court of Appeal confirmed that the correct standard for determining whether an invention is obvious under the “obvious to try” test is still whether it was “more or less self-evident” to try to obtain the invention. The Court rejected the...

 


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