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To embed, copy and paste the code into your website or blog: It is common for patent license agreements and settlement agreements to include so called "no-challenge" clauses, in which parties agree not to attack the validity of the other's patent. However, the enforceability of such clauses has been questioned. In Loops LLC v Maxill Inc., 2020 ONSC 5438, the Ontario Superior Court enforced a no-challenge clause in a Canadian settlement agreement, in the face of ongoing litigation in the United States. The Court granted an injunction prohibiting Maxill Inc. (Maxill Canada) from attacking ...
To print this article, all you need is to be registered or login on Mondaq.com. For those who are interested in recent cases and developments about copyright and related matters there have been several developments since the last entry. The Supreme Court of Canada Grants Leave In Agency 174 C.P.R (4 th) (FCA) 1leave to appeal to the Supreme Court of Canada has been granted. It appears that issues to be considered by the court include the following When determining whether copying in the educational context constitutes “fair dealing” (and thus not infringement) und...