Actions
Plea for Contributory Infringement Struck as Not a Cause
of Action
Nycomed Canada Inc. v. Teva Canada
Limited
The Court of Appeal found no error in the decision of the Court
that contributory infringement is not a cause of action. The Court
had struck this plea in the statement of defence and counterclaim
on the basis that it was plain and obvious that the plea would
fail. A copy of the Federal Court decision can be found here. A copy of our summary can be found here. The Court of Appeal dismissed the
appeals.
Other Cases of Interest
Prejudgment Interest Awarded in Election of Statutory
Damages
Society of Composers, Authors and Music
Publishers of Canada v. IIC Enterprises Ltd. (Cheetah's
Nightclub)
The Court of Appeal considered the finding by the Prothonotary,
and upheld by the Federal Court, that SOCAN was not entitled to
prejudgment interest in light of its election for statutory
damages. A copy of the Federal Court decision can be found here. A copy of our summary can be found here. The Court of Appeal allowed the appeal
and granted prejudgment interest, finding that SOCAN's
entitlement was determined by the law of British Columbia.
Industry News
Bill C-11, The Copyright Modernization Act has
received Royal Assent.
The Patented Medicine Prices Review Board released its 2010 Compendium of Policies, Guidelines and
Procedures.
Health Canada has announced the launch of Phase II of the Summary Basis of Decision (SBD)
project. Along with the notice, it has also published a Frequently Asked Questions document and
Reader's Guides to the SBD for Drugs and for Medical Devices.
Health Canada has also published a new approach to Natural Health Products.
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