Intellectual Property Litigation
- Overview
- Who To Contact
- Representative Matters
- Recent Developments
Our clients trust us to protect their IP rights against infringers, counterfeiters and cybersquatters and to defend them against invalid claims made by others. We represent our clients in all types of IP litigation involving patent, trademark, copyright, industrial design, confidential information/trade secret rights, domain name and UDRPs, and the Patented Medicines (Notice of Compliance) Regulations, as well as invention ownership, competition law, false advertising, product liability and professional negligence claims. We have substantial experience before the courts and tribunals listed below, as well as in the mediation and arbitration of IP and related matters.
- Supreme Court of Canada
- Federal Court of Appeal
- Ontario Court of Appeal
- Federal Court
- Ontario Superior Court
- Alberta Court of Queen’s Bench
- Canadian Patent Appeal Board
- Canadian Patent Reissue Board
- Trademarks Opposition Board
Contacts
Group Members
Representative Matters
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Federal Court of Appeal Affirms Use of Reverse Class Actions For Copyright Infringement Claims
On September 8, 2021, the Federal Court of Appeal released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 regarding certification of a reverse class action (i.e. where there is a class o...
Recent Developments
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TheSpotlight
PMPRB’s Jurisdiction Limited to Patented Medicines
This article discusses the Federal Court of Appeal's decision in Galderma Canada Inc v. Canada (Attorney General), which clarified that the Patented Medicine Prices Review Board's jurisdiction is limi... -
Firm News
Aird & Berlis Partners Recognized as 2024 IP STARS
We are proud to share that three of our intellectual property lawyers have been recognized in the 2024 edition of IP STARS, Managing Intellectual Property’s guide to the world's leading IP firms and p... -
TheSpotlight
Abuse of Process: Federal Court of Appeal Clarifies Application in PM(NOC) Proceedings
In the recent decision of Janssen Inc. v. Apotex Inc., the Canadian Federal Court of Appeal declared a subsequent action brought under the Patented Medicines (Notice of Compliance) Regulations to be a... -
TheSpotlight
The Mountains Are Calling – Rare Interlocutory Injunction in Outdoor Apparel Trademark Dispute
Canadian-based Arc’teryx obtained a rare interlocutory injunction against Adidas Canada from using its TERREX mark on a retail store in Vancouver. -
TheSpotlight
Transportation Companies Beware: Shipping to Counterfeiters With Notice Could Result in Criminal Sanctions
The Federal Court's recent decision in Burberry Limited v. Ward provides a new enforcement mechanism for rights holders and affirms rights holders’ claims for substantial damages. -
Firm News
Aird & Berlis Partners Recognized as 2023 IP STARS
We are proud to share that four of our intellectual property lawyers have been recognized in the 2023 edition of IP STARS, Managing Intellectual Property’s guide to the world's leading IP firms and pr... -
Article
Direction From the Court on the Role of Expert Witnesses in Patent Cases
The Federal Court of Appeal recently provided insight on the appropriate procedures for managing the relationship between expert witnesses and legal counsel. -
Firm News
Tim Lowman Recognized in IAM Strategy 300 Global Leaders 2023
Aird & Berlis is pleased to announce that Tim Lowman, head of the firm's Intellectual Property Group, is recognized in IAM Strategy 300 Global Leaders 2023. This guide features some of the foremost ex... -
TheSpotlight
Federal Court Denies Equitable Relief for Failure to Diligently Prosecute a Patent
The Federal Court recently found that patentees may be denied equitable remedies in a patent infringement action if they fail to diligently prosecute their patents. In certain circumstances, the failu... -
TheSpotlight
Supreme Court of Canada Recognizes ‘Making Available’ Right
In the recent Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30 decision, the Supreme Court of Canada recognized that copyright owners may... -
Firm News
Aird & Berlis Recognized in 2022 Canadian Legal Lexpert Directory
51 members of Aird & Berlis have been recognized in the 2022 Canadian Legal Lexpert Directory. -
TheSpotlight
Whose Liability Is It Anyway? The Court Clarifies the Burden in Summary Trials and Infers Inducement
In Janssen Inc. v. Pharmascience Inc., 2022 FC 62, the Federal Court highlighted two important issues: the burden in summary trial proceedings and the evidentiary burden for proving inducement of pate... -
TheSpotlight
The Markman and the Grandfather: Federal Court Determines Claim Construction by Partial Summary Judgment and Interprets the Prior Use Defence
In Kobold Corporation v. NCS Multistage Inc., 2021 FC 1437, the Federal Court addressed two often pondered questions in Canadian patent law: can the court decide the construction of a patent’s claims ... -
TheSpotlight
Miramax Sues Quentin Tarantino to Stop Sale of Pulp Fiction NFTs
Quentin Tarantino—the legendary director behind Reservoir Dogs, Kill Bill and Once Upon a Time In Hollywood—is now in the midst of a legal dispute with Miramax over his planned sale of non-fungible to... -
TheSpotlight
Federal Court of Appeal Affirms Use of Reverse Class Actions For Copyright Infringement Claims
On September 8, 2021, the Federal Court of Appeal released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 regarding certification of a reverse class action (i.e. where there is a class o... -
Firm News
Aird & Berlis | Aird & McBurney Recognized in 2021 edition of the IAM Patent 1000
Aird & Berlis and Aird & McBurney are proud to be recognized in the Canada section of the 2021 edition of the IAM Patent 1000: The World’s Leading Patent Professionals.