Richard Stobbe

Richard Stobbe

Field Law

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Competing After Employment (Part 1)

A key employee departs. The employer, worried that confidential information has leaked out of the company, scrambles to respond. After a frenzied period of preparation, the employer starts a lawsuit and seeks an injunction...more

4/20/2015 - Canada Confidential Information Employer Liability Issues Former Employee Non-Compete Agreements Non-Solicitation Agreements

Amendments to Canadian Intellectual Property Laws by 2017

The Canadian Intellectual Property Office has indicated that the amendments to the Trade-marks Regulations (and in particular the accession to international trademark treaties), the amendments to the Industrial Design...more

4/20/2015

Online Infringement & Norwich Orders: Best Practices

When a copyright owner suspects online infringement, but lacks evidence of the identity of the alleged infringers, it can seek an order to disclose those details. Canadian law is clear that “A court order is required in every...more

4/20/2015 - Canada Copyright Copyright Infringement Disclosure ISPs Norwich Orders

Copyright in Survey Plans

As a follow-up to our earlier post about Copyright in House Plans, an class action case is proceeding in Ontario on the subject of ownership of copyright in survey plans. In the course of their work, land surveyors in Ontario...more

4/20/2015 - Canada Class Action Copyright Surveys

What Happens When a Franchise Agreement Ends, Part Two: Cancellation

In some cases, a franchise relationship ends after many years of business. At the point of termination, the parties must wrestle with a number of issues, including customers, inventory, and (as we reviewed in Part 1) the...more

3/13/2015 - Canada Contract Term Franchise Agreements Franchises

Enforcing Keyboard Patents (BlackBerry v. Typo)

A year ago, BlackBerry sued Typo Products LLC for patent infringement, based on the design of a snap-on keyboard. Typo’s physical keyboard was designed to attach to an iPhone, in order to mimic a BlackBerry-style QWERTY...more

2/6/2015

Open Source Software: The Costs of Non-Compliance

For software vendors, open source software (OSS) should be treated like a compliance issue - in the same way that corporate, securities or environmental compliance is a concern for many companies. The failure to manage...more

2/4/2015 - Canada Chief Compliance Officers License Agreements Open Source Software Popular Software

An American Attorney in Canada (Part 3: Letters of Request in Patent Litigation)

A recent Ontario court decision (Arctic Cat Inc. et al. v. Peter Watson, 2014 ONSC 6874 (CanLII)) dealt with a foreign letter of request, or “letter rogatory” in a cross-border patent infringement case involving the invention...more

1/19/2015 - Letters Rogatory Ontario Patent Infringement Patents Popular Witnesses

Patent Litigation in 2014

A recent report shows interesting trends in US patent litigation: - 5,002 patent infringement cases were filed in the US in 2014, up from 2,641 filed in 2010; - Of those cases filed, the majority (61%) were...more

1/14/2015 - Information Reports Non-Practicing Entities Patent Infringement Patent Litigation Patent Trolls Patents

CIPO - EPO PPH

Who can resist an announcement laced with nerdy acronyms? Last week, the Canadian Intellectual Property Office (CIPO) announced the launch of a Patent Prosecution Highway (PPH) pilot agreement with the European Patent Office...more

1/13/2015 - Canada Canadian Intellectual Property Office European Patent Office Patent Prosecution Highway

Is “One Dollar” Sufficient for a Patent Assignment?

You may have read the recitals or introductory clauses in a license or an assignment agreement. In most cases, these clauses are just skimmed, if they are reviewed at all. In a recent decision of the US Federal Circuit Court...more

1/8/2015 - Canada Consideration IP Assignment Agreements Patents

Not a utility patent, but a patent utility?

In a recent interview with The Washington Post, Jay Walker, founder of Priceline.com, has proposed a kind of neutral private-sector utility for the licensing of patents. He argues that “We have spent trillions of dollars...more

1/8/2015 - IP License Patent Royalties Patents Small Business

Copyright in House Plans

A couple, the Ecklunds, approached Oakcraft Homes, a custom home-builder. Based on their discussions, Oakcraft prepared a house plan and gave a copy of the plan to the Ecklunds. The couple later took that plan to a rival home...more

12/24/2014 - Architects Architectural Copyrights Canada Copyright Popular

USPTO Patent Eligibility Guidelines

What is eligible to be patented in the US? This week the U.S. Patent and Trademark Office (USPTO) released Interim Eligibility Guidance on patent subject matter eligibility. In this document, the USPTO summarizes the...more

12/19/2014 - AMP v Myriad CLS Bank v Alice Corp Guidance Update Mayo v. Prometheus Patent-Eligible Subject Matter Patents USPTO

Copyright Implications of a “Right to be Forgotten”? Or How to Take-Down the Internet Archive.

They say the internet never forgets. From time to time, someone wants to challenge that dictum. In our earlier posts, we discussed the so-called “right to be forgotten” in connection with a Canadian trade-secret...more

12/5/2014 - Canada Misappropriation Right to Be Forgotten Trade Secrets

Copyright: Canada’s Notice-and-Notice Provisions

The made-in-Canada notice-and-notice provisions are coming in January, 2015. You may recall that in June 2012 the Copyright Modernization Act was passed by Parliament. Portions of the new copyright law came into force...more

12/1/2014 - Canada Copyright Modernization Act Notice Requirements

Intellectual Asset Management Best Practices – Part 2

In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization...more

11/21/2014 - Asset Management Business Assets Canada

CASL 2.0: The Computer Program Provisions (Part 3)

The CRTC has released guidelines on the implementation of the incoming computer-program provisions of Canada’s Anti-Spam Law (CASL). Software vendors should review the CASL Requirements for Installing Computer Programs for...more

11/20/2014 - Canada CASL CRTC Software

Indirect Patent Infringement in the US

In a recent decision in the US (Riverbed Technology, Inc. v. Silver Peak Systems, Inc.), a company was found liable for indirect patent infringement even though the infringing features of its product were disabled when the...more

11/18/2014 - Counterclaims Indirect Infringement Patent Litigation Patents

The Troubles with Patent Inventorship

Determining inventorship is answering the question: who contributed enough to an invention to be named as an “inventor” on the patent application? It’s critical, as reviewed by my colleague Shohini Bagchee in her article...more

11/14/2014 - Inventors License Agreements Patent Infringement Patent Ownership Patents Popular

Two Privacy Class Actions: Facebook and Apple (Part 2)

This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer’s right to privacy under the Privacy Act (B.C.), since iOS 4 records the location of the “iDevice” (that’s the term used by...more

11/11/2014 - Apple Canada Class Action Facebook Privacy Laws

Two Privacy Class Actions: Facebook and Apple

Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First,...more

11/6/2014 - Advertising Canada Class Action Facebook Forum Selection Clause Popular Privacy Laws Terms of Use

CASL 2.0: The Computer Program Provisions (Part 2)

In Part 1 we looked at some basic concepts. In Part 2, we look at “enhanced disclosure” requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who...more

10/22/2014 - Canada CASL Disclosure Requirements Prior Express Consent Software

Alberta Privacy Law Update: PIPA on Death’s Door

About a year ago on November 15, 2013, Alberta’s Personal Information Protection Act (PIPA) was declared invalid on constitutional grounds. The Supreme Court of Canada (SCC), in its wisdom, deferred the effect of this order...more

10/17/2014 - Canada Electronically Stored Information Personally Identifiable Information PIPA SCC

CASL 2.0: The Computer Program Provisions (Part 1)

It’s mid-October. Like many businesses in Canada, you may be weary of hearing about CASL compliance. Hopefully that weariness is due to all the hard work you did 3 months ago to bring your organization into compliance for the...more

10/15/2014 - Canada CASL Software

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