On April 22, 2022, I participated as a panelist at the Fordham Law School's Hansen annual intellectual property conference. The subject was Fair Use and in particular the recent US Second Circuit Warhol decision and the Supreme Court decision in Google v. Oracle. Speakers on the panel included Prof Jane Ginsburg, Joseph Gratz and Daan Erikson.
At the AIPPI annual meeting I participated as chairman of the international leadership team for Study Question 278 "Industrial designs and the role of prior art". Previous to this, I had also been chairman of the Canadian group studying this question.
I also participated in the Canadian Group studying Q276 "Inventiveness and sufficiency of disclosure in AI inventions"
In addition I participated as discussion leader in the AIPPI cafe 34 session "Parody, satire and pastiche" lead by Dale Nelson.
I am pleased to report that I have authored the Canadian chapter of a new book entitled "Law of Raw Data" published by Wolters Kluwer. This book was edited by Christian Czychowski and Jan Bernd Nordemann. It followed from a study on IP rights in data that was undertaken by the AIPPI in 2020.
In 2020, the Federal Court of Canada decided an important case on subject matter eligibility of computer implemented inventions: Choueifaty v. Attorney General of Canada 2020FC 837. Briefly I explain why the decision in Choueifaty is at least analytically wrong, although I take no position, at this time, as to whether the case was correctly decided as to subject matter eligibility, only that it was decided for the wrong reasons.
In May 2017 I reported on the trial decision of Mr. Justice Russell, in The Governors of the University of Alberta and Alberta Health Services v.
Post sale rights post Lexmark. Implications for U.S. and foreign patent owners and licensees.
The Supreme Court disallows post sale restrictions
The Supreme Court of the United States in Lexmark v. Impression Products 581 U.S. 1523 (2017) May 30, 2017 has disallowed any patent post sale restrictions following the sale of a patented article from the patent owner or any licensee from the patent owner.