The Federal Court recently released its decision in Doan v Clearview Inc, 2023 FC 1612, in which the Court distinguished a situation where there is no basis in fact for proving that two or more class members can be identified for the sake of certifying a proceeding as a class action and a situation where it is merely difficult to identify said class members. Significantly, this case involved a situation where a company potentially ingested publicly available photographs online to aid the use of their technology, which is a circumstance that may become more commonplace with the ever increasing presence of Artificial Intelligence (“AI”) in all facets of everyday life. Continue reading to learn about how the Court’s decision in this case could have long lasting effects on the ability of individual plaintiffs to have actions filed against AI-related companies turned into class actions.Continue reading
On November 13, 2019, the Intellectual Property Institute of Canada (IPIC) and Fasken held a webinar on advanced patent prosecution strategies for patenting artificial intelligence (AI) related inventions.
Isi Caulder from Bereskin & Parr and I spoke on a number of topics including:
• AI Industry Trends to Watch
• Claiming Strategies
• Satisfying Subject Matter and Enablement Requirements
• AI Patenting Considerations in Canada, the U.S. and Europe
• Enforcement Considerations and Trends
Hosted in the Toronto office of Fasken, the seminar was webcast to Fasken’s Montreal, Ottawa, Calgary and Vancouver offices. The aim of the seminar was to provide attendees with understanding and insight into intellectual property (IP) and patent prosecution strategies for AI-based systems while considering the evolving subject matter/enablement landscape and current enforcement trends. We also considered more esoteric topics such as whether AI-based systems could be considered inventors under the patent system.
If you are interested in AI and IP law, please reach out for more information as any of the participants would be more than happy to discuss this ever changing area with you.
Learn more about our IP practice.