Dusome v. Canada (Attorney General): Are card games patentable?
Dusome v. Canada (Attorney General): Are card games patentable? INTRODUCTION Once again, the Federal Court has reviewed a Patent Office decision concerning subject matter patent eligibility under section 2 and 27(8) and once again the Court has found the Patent Office’s decision faulty. This case is not primarily about computer-implemented inventions, however the question of […]
Panel appointment
I am pleased to report that I have been appointed to the WIPO (World Intellectual Property Association) list of neutrals for FRAND and patent licensing disputes. FRAND cases relate to setting fair and reasonable royalties for standard essential patents.
Benjamin Moore- Computer Implemented Inventions
Comment: Attorney General of Canada v. Benjamin Moore & Co By Brian W Gray briangray@briangraylaw.com The Federal Court of Appeal issued an important decision on computer implemented inventions on July 26, 2023. Attorney General of Canada v. Benjamin Moore & Co [1]. Surprisingly this was the first decision of the Federal Court of Appeal […]
Benjamin Moore Case
On July 26, 2023, the Federal Court of Appeal decided the Benjamin Moore decision relating to computer implemented inventions. Please read my full comments in the Articles section of this website. I represented the Canadian Life and Health insurance Asssociation and Insurance Bureau of Canada as Intervener in the appeal.
Business Method Patents- Court of Appeal
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 […]
Why Choueifaty is wrong
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 […]
Patenting computer implemented inventions
On October 2, 2020, I moderated a panel at the Intellectual Property Institute of Canada (IPIC) on Patenting Computer Related Inventions. This panel discussed developments in Canada and the U.S. including the new Choueifaty decision in Canada. Panelists were Hugh Mansfield at Lavery and Jerry Selinger at Patterson Sheridan.
Patent Term Extension
On April 24, 2019 I spoke at Fordham Law School’s Hansen Intellectual Property Institute on the topic of Canada’s New Patent Term Extension Regime. A copy of this presentation is available on request.
Patent Application defeated by simple technical default.
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. Attorney General of Canada (2017 FC 402), see “To err is human but forgiveness is by the rules” http://www.nortonrosefulbright.com/files/ca-to-err-is-human-but-forgiveness-is-controlled-by-the-rules-149101.pdf in which a patent application was irretrievably lost because of […]
Post sale rights post Lexmark. Implications for U.S. and foreign patent owners and licensees
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 […]