Chambers Global, in a second independent review from clients, had this to say about Brian: “Brian ‘can perform miracles’ according to his clients. As well as being ‘a pleasure to work with,’ he can deal with situations where ‘there are no real precedents’. As one client remarked, ‘ we cannot afford to take risks- we need a lawyer who can provide an analysis of which way the law is going and who can foresee how the courts might respond-and that’s precisely what Gray does.”

In an independent review from clients, Chambers Global had this to say about Brian: “Brian Gray is considered the best …for pure IP work, whether contentious or non-contentious. Clients say he is ‘diligent, knowledgeable, responsible and reasonable in terms of what needs to be done and portioning out the work so the rates remain viable.”

News

Business Method Patents- Court of Appeal

Thursday, February 16, 2023

I intervened in the Federal Court of Appeal in the case of Benjamin Morre v. The Attorney General of Canada. I argued on behalf of The Canadian Health and LIfe Insurance Association and Insurance Bureau of Canada. The case concerned a new test that had been advanced by the Intelectual Property Institute in Canada and adopted by the trial division.  If confirmed, this new test would considerably expand the patenting of business methods and remove restrictions on such patents such as those that exist in other countries such as the US and the EU.

Tags: 
patents

Arbitrating IP Disputes in Times of Crisis

Wednesday, November 9, 2022

I participated as a panelist with Judge Faith Hochberg (ret) , Judge Barry Leon (ret)  and Justine  Ferland from the World Intellectual Property Organization, moderated by Marsha Cadogan. We discussed the unique issues surrounding the arbitration of IP cases. We discussed the advanatages of ad hoc vsersus admiinistered arbitration and use of the  WIPO arbitration centre. The event was sponsored by the Intellectual Property Institute of Canada. 

 

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dispute resolution

Rights in Raw Data

Tuesday, September 13, 2022

I participated in a panel session on the Law of Raw Data, as part of  the launch of a Wolters Kluwer book where I was the author of the chapter on Canada. The panel was chaired by Jan Bernd Nordemann from Germany and included Elisa Huusk from Finland and John Osha from the United States. . We had an interesting discussion comparing the new European approach to protecting unstructed data with the North American approach which has so far favoured limited protection for such data. 

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creative industries
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Related Articles

Why Choueifaty is wrong

  • Posted on: 25 April 2022
  • By: BWG

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.

Tags: 
patents

Post sale rights post Lexmark. Implications for U.S. and foreign patent owners and licensees

  • Posted on: 14 February 2018
  • By: BWG

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.

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patents
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