The FCA has recently adopted an interventionist approach in the area of patent validity in Sanofi-Aventis v Apotex 2013 FCA 186 (“Sanofi 2013”). The FCA overturned the trial court’s findings that Sanofi’s clopidogrel patent was invalid for inutility and obviousness. First, the trial judge was found to have erred in law in his construction of the patent by “reading in” a Promise that the FCA says was not there. Secondly, the trial judge appears to have erred in failing to properly apply the facts to the Sanofi SCC legal test for obviousness, and asked the critical wrong question in determining . . . [more]

As a result of international treaties, English is the official language for aeronautical and maritime communications. English is one of six official languages of the United Nations. It is the official language of many international organizations.

English is an official language or the language of government in 60 sovereign states. English does not have official status in both the United Kingdom and the USA.

English is taught in schools in India, Japan, China and others such as Singapore.

Approximately 375 million people speak English as their first language. Mandarin Chinese is spoken by over 800 million. And there are over . . . [more]

To carry on my Vroom Vroom theme from a few months ago, I suggest that there are some more potential similarities between the legal and automotive industries. Talk of the “Law Factory” from thought leaders such as Ron Friedmann, has encouraged further consideration. At a high level, both industries have “benefitted” from protectionism, though it did neither industry a favour, long term.

The Australian Federation of Automotive Products Manufacturers (FAPM) website says:

There are about 200 Australian firms supplying components to the automotive industry. The vehicle assemblers have also undergone massive rationalisation and increasing global integration. Globalisation provides both threats

Lawyers and researchers looking into legal issues in international business transactions face a changing research landscape. Traditional tools for cross-border research are falling by the wayside. Lexis stopped updating the Martindale-Hubbell International Law Digests (summaries of foreign law authored by local law firms) after the 2011 edition. Lexis last updated its (now archived) International Multi-Jurisdictional Surveys in 2009. Westlaw no longer includes access to Practising Law Institute (PLI) course materials. Many researchers find print looseleafs difficult to use. Luckily, new research tools are filling the gap. Researchers looking into issues in transnational transactions have some really great, viable online options . . . [more]

A decade ago, the Supreme Court of Canada introduced a new conflicts rule into Canadian law. The rule was fashioned from the ABA Model Rules of Professional Conduct. This new “bright-line rule” generated substantial controversy within the profession. In July, the Supreme Court released its decision in McKercher which both restated and reformulated the “bright line” rule[i].

The “bright-line rule” as first articulated in Neil provided that a lawyer could not act in a matter directly adverse to the immediate interests of a current client without proper consent. The impact of this rule was said to be somewhat . . . [more]

Is there something women know about health and fitness that us guys don’t? I’m referring to the fact that for every running and racing walking event I enter, there are always more women than men. Sometimes a lot more.

At last summer’s inaugural Lululemon-sponsored “Sea Wheeze Half Marathon” in Vancouver, over 80% of the 5,900 participants were women. You might say “No kidding, what guy wants to go in a race sponsored by Lululemon?”

But the Lululemon half marathon is just the tip of a North American, if not a world-wide, phenomenon that has seen an explosive increase in the . . . [more]

Only rarely do patent cases proceed to trial and even more rarely are contested judgments on remedies issued. A recent Federal Court decision on damages considered whether non-infringing alternatives to the defendant’s infringing activities should be considered.

In most patent cases, the quantification of damages are bifurcated, or deferred until after a trial decision on validity and infringement. Only if the patent is found valid and infringed, will the remedies need to be considered. Unfortunately, for those interested in following decisions on patent remedies, in most cases the patents are found invalid, not infringed or a settlement is reached prior . . . [more]

Mobile technology offers opportunities to be more efficient. One area that has seen a lot of improvement is mobile printing. I’m not thinking about taking a portable printer with you, but printing to your office while mobile over the Internet. This is sometimes called “cloud” printing but the use of cloud is marketing guff.

The Wi-Fi-enabled printer has been with us for years, but there is more to it than printing across your internal network from your laptop, tablet, or phone. The basic use case is that you are away from your office and need to have something emerge . . . [more]

Whether you are starting your career, are mid-career or are winding down, you should take time to recharge. Ever since 1975, one of my favorite ways to refresh lagging enthusiasm for the rigors and routines of work has been to go to the annual meeting of the American Association of Law Libraries (AALL). In the early days I was energized by meeting new people and learning new skills. As the years rolled by, my excitement was in honing skills and in catching up with the many friends I made over the course of my career. Now that I am retired, . . . [more]

There is considerable discussion these days about how the legal community can help to increase access to justice for Canadian citizens. We know that mediation is a valuable tool to that end but I wonder whether lawyers are recognizing its full potential or, in some cases, shortchanging its benefits.

While this may not be entirely “new”, this post encourages lawyers to amplify the role that they play in choosing and using mediation.

There are increasing opportunities for lawyers to participate in mediation, not in a mediator role but in a counsel or advocacy role, all of which support increased access . . . [more]

That’s the question. Whether it’s a no-brainer to hang in and suffer all of the outrageous highs and lows of advertising, economic instability and the decline of print or instead, in search of fortune, shake a spear at that particular sea of troubles? These might be among the issues facing the multiplicity of business to business publishers that continue to produce magazines, directories, exhibitions and other activities that rely on advertising and sponsorship, for lawyers and other advisers.

It hasn’t been an easy time for the magazines and related sectors for a good number of years now. Moreover, many of . . . [more]

CHANGE. Few like it, and least of all lawyers. It’s important to have a firm culture built on good work but equally important is to build a firm culture around business development. If business development is at the core of how everyone thinks and goes hand-in-hand with excellent work, the financial health of your firm will be more stable. 

But… it’s easier said than done. Your team will resist change… we all do. Samuel Bacharach, a professor of labor management at Cornell, writes for Inc. Magazine… 4 Reasons Your Employees Resist Change–And How to Overcome Them. Bacharach suggests that . . . [more]