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Copyright infringement of open source software in Canada

  • Bereskin & Parr LLP
  • -
  • Canada, USA
  • -
  • November 4 2008

Open source software (“OSS”) may be used by the public free of charge, however, its use is not free of risk

ARAM Systems Ltd. v. Novatel Inc: “location, location, location” - a claim of inventorship to a US patent

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • October 31 2008

When a lawyer receives an allegation claiming inventorship of the subject matter of his or her client’s Canadian patent, that lawyer assumes a claim will be filed in the Federal Court

Is there a looming patent crisis in the financial services industry?

  • Bereskin & Parr LLP
  • -
  • Canada, USA
  • -
  • November 4 2008

In both the United States and Canada there has been an increase in filed and issued patents in the classifications covering financial service innovations

Violation of open source licence agreement creates liability for copyright infringement

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • November 6 2008

The US Court of Appeals for the Federal Circuit has ruled that an open source software licence was enforceable and can attract liability for copyright infringement

Anything “meaningful” under the sun: how In re Bilski could impact the subject matter debate in Canada

  • Bereskin & Parr LLP
  • -
  • Canada, USA
  • -
  • November 14 2008

On October 30, 2008, the penultimate patent court in the United States delivered a much-anticipated decision in the matter of In re Bilski

Allocation of costs joint order in Canfor v USA applies 'loser pays' rule in investment treaty arbitration

  • Herbert Smith Freehills LLP
  • -
  • Canada, USA
  • -
  • October 26 2007

As a result of the wide discretion given to tribunals under both the ICSID and the UNCITRAL rules, there are no precise principles governing the allocation of costs incurred during investment treaty arbitrations

Proposed settlement of class action relating to minority buyout fails to win the approval of the Delaware Court of Chancery

  • Stikeman Elliott LLP
  • -
  • Canada, USA
  • -
  • November 20 2007

Exploratory negotiations towards a going private transaction may well have violated a shareholders' agreement provision barring such discussions unless the Special Committee invited them - ruling suggests that such an invitation may need to be formally issued before negotiations begin, not merely at the point where the price settled on is to be voted on

Recent Delaware decision on cancelling options in M&A transactions

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • November 30 2007

An important consideration in structuring any change of control or merger transaction (particularly all-cash ones), is how best to deal with outstanding options, warrants and other rights to acquire the target’s common shares, i.e., how to ensure that all such options and other rights have been exercised, cancelled or otherwise dealt with in a manner satisfactory to the acquiror on or prior to closing, this being a standard condition in merger transactions

Committed to comity: the enforcement of foreign class actions

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • November 30 2007

Should Canadian courts enforce a foreign class action judgment involving Canadian defendants?

Estate of Elkan v Hasbro, Inc

  • Loeb & Loeb LLP
  • -
  • Canada, USA
  • -
  • December 12 2007

The plaintiff created the board game Strategy and received U.S. and Canadian copyright registrations for the work in 1948