Canadian Lawyer - sample

58 M A Y 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m François Guay of Smart & Biggar/ Fetherstonhaugh in Montreal, who works in the litigation side of IP law, rep- resented the defendants in the oft-cited Positron Inc. v. Desroches et al. case near the beginning of his career, who were just such "computer guys." The case was one of the most memorable ones that he had litigated, in part because, in 1988, it was at the fore of trade secret cases deal- ing with computer and telecommunica- tions applications. "It was a lengthy decision," says Guay, "50 pages long. The judge [out- lined] all the key principles, to make some sort of formula or template that you could apply to most cases . . . He did a good job of listing all the criteria, and the decision became quite famous." That case was between Positron Inc., a Montreal company that developed and manufactured computer hardware and software to manage 911 calls. "Posi- tron was quite ahead of all the others in North America with this kind of technology; it was new," says Guay. Five young employees — "very young, most of them starting to work at Positron, and they had developed the technol- ogy for the benefit of Positron — were offered positions in a California com- pany to develop the same kind of prod- uct, and when they left they were sued by Positron, who tried to prevent them from getting green cards," he says. "They learned through trial and experience . . . to develop products that worked. . . . The key principle with trade secrets is: I can prevent you from misusing my trade secrets if you go to a competitor, but the experience you have gained working with me is yours." Justice Biron of the Quebec Supe- rior Court agreed, finding in favour of the defendants. "Trade secrets are L E G A L R E P O RT \ I N T E L L E C T U A L P R O P E RT Y THE KEY PRINCIPLE WITH TRADE SECRETS IS: I CAN PREVENT YOU FROM MISUSING MY TRADE SECRETS IF YOU GO TO A COMPETITOR, BUT THE EXPERIENCE YOU HAVE GAINED WORKING WITH ME IS YOURS. FRANÇOIS GUAY, Smart & Biggar/Fetherstonhaugh Available risk-free for 30 days Order online: www.carswell.com | Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 New and updated in this edition Practice and Procedural Guidance from the Authors: • Part 1 Jurisdiction of Federal Courts – An Overview, with new Notices to the Parties and the Profession and the new Practice Guidelines for Aboriginal Law Proceedings • Procedural Charts • The lists of judges and prothonotaries • List of Registry Offi ces Legislation Considered: • Federal Courts Act • Federal Courts Rules • Federal Courts Citizenship, Immigration and Refugee Protection Rules • Canada Evidence Act (excerpts) Commentary and Case Law, including: • Daniels v. Canada (Indian Affairs and Northern Development); Mouvement laïque québécois v. Saguenay (City); Ontario (Energy Board) v. Ontario Power Generation Inc.; Canadian Broadcasting Corp. v. SODRAC 2003 Inc. • Heritage Capital Corp. v. Equitable Trust Co.; Guindon v. Minister of National Revenue • Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology • Canada (National Revenue) v. Thompson • Commission scolaire de Laval v. Syndicat de l'enseignement de la région de Laval • World Bank Group v. Wallace • Canadian Imperial Bank of Commerce v. Green You can access the eBook* version of this publication on Thomson Reuters ProView™ through your web browser, or you can download it to your desktop or laptop (Windows and Mac), iPad, or Android tablet. * Not available to trade bookstores, third-party distributors and academic institutions. 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