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 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.
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.
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.