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Intellectual Property Litigation

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  • Key Contacts
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Download PDF
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Bennett Jones' intellectual property litigators regularly appear before the Federal Court, the Federal Court of Appeal, superior courts and regulatory authorities representing clients in some of their most strategic commercial disputes. Blending strong litigation skills with technical and industry expertise, we represent clients across the full spectrum of intellectual property proceedings (patents, trademarks, copyright, industrial design, breach of confidence/trade secrets, IP licensing disputes). Our intellectual property litigation bench strength has been recognized by Chambers, Benchmark, Best Lawyers, Managing IP, IAM, Who's Who Legal, Legal 500, LMG Lifesciences, IAM Patent 1000 and World Trademark Reporter 1000.

In the context of patent litigation, we act for leading oil and gas, mining, banking, pharmaceutical and biologics clients. Litigators and industry experts, the Bennett Jones team skillfully simplifies complex matters to persuade courts, tribunals, and opposing counsel to reach favourable outcomes for our clients.

Chambers

"We are impressed with their ability to distil issues understandably."

In the context of trademark and copyright litigation, we act for leading cannabis, food and beverage, technology, luxury goods, media and telecommunication clients. The Bennett Jones team has a client-oriented approach tailoring their knowledge of intellectual property law to each client's needs.

World Trademark Report 1000

"First-rate business law firm Bennett Jones utilises its comprehensive offering to seamlessly coordinate complex matters, both contentious and non-contentious in nature. It has 'a phenomenal team' of experts in its offices around the country."

In addition to arguing before courts, Bennett Jones litigators are commercially-minded strategic advisors. With a deep understanding of our clients' businesses and a practical approach, we prepare freedom-to-operate opinions, draft Notices of Allegation, and craft commercially-favourable settlements, cross-licensing arrangements, and other agreements.

Chambers

"Bennett Jones has a strong grasp of issues and is able to solve complex problems efficiently."

The Bennett Jones intellectual property litigation team also advises in the life sciences regulatory space on issues pertaining to drugs, biologics, medical devices, food, cosmetics, and legal cannabis.

Chambers

"The team is very familiar with our business model and regulatory environment. Years of experience and depth of knowledge has led to a strong working relationship and efficient service delivery."

Key Contacts

  • Dominique T. Hussey Dominique T. Hussey, Vice Chair and Toronto Managing Partner
  • Robert (Rob) D. McDonald K.C. Robert (Rob) D. McDonald K.C., Partner, Trademark Agent
  • Related Lawyers

Recent Experience

Canadian Natural Resources Ltd, in a patent infringement/patent validity lawsuit by Maoz Betser-Zilevitch (T-630-18 and T-919-21)
Boart Longyear, in a patent infringement/patent validity lawsuit by Reflex and Australian Mud Company (T-435-22).
Equitable Bank before the Federal Court in a patent infringement action brought by Verify Smart Corp. (T-760-21).
Alberta Minister of Health in a matter before the Federal Court, in patent litigation pertaining to Electronic Health Records (T-1592-21).
Auro Pharma, in navigating the Patent Act and Patented Medicines (Notice of Compliance) Regulations to get drugs to market.
Hendley, in the dismissal of a precedent-setting copyright action regarding The Black Donnelleys and whether copyright attaches to facts (Winkler v Hendley, 2021 FC 498).
Enviro-Pro Geosynthetics, Ltd., in successfully defending against a patent infringement action commenced by Tensar, and on appeal of that decision before the Federal Court of Appeal (Tensar Technologies, Limited v. Enviro-Pro Geosynthetics, Ltd., 2019 FC 277, 2021 FCA 3).
Amgen Inc. and Amgen Canada Inc., in the first ever patent infringement/patent validity trial and appeal under the new Patented Medicines (Notice of Compliance) Regulations (Amgen Inc v Pfizer Canada, 2020 FC 522, 2020 FCA 188), a related damages action (T-744-20), and a related patent infringement/patent validity action (T-7-20).
Enviro-pro Geosynthetics Ltd in its defence against a patent infringement action commenced by Tensar Technologies Ltd, Tensar Corporation LLC and Tensar International Corp. 
Ferrero S.p.A, in multiple trademark disputes.
Craig Proctor IP Holdings Inc., in a copyright infringement application (T-1061-22).
Venngage Inc., a tech company, in a copyright infringement action before the Federal Court of Canada (T-1731-21).
Regional Municipality of Wood Buffalo, in a patent dispute by John Baker (T-1203-16).
Jet Cut Abandonments and Innovative Well Abandonment Ltd., in patent infringement suits by Nuwave Industries (AB KB file nos 2102-05652 and 2101-05061).
Vejii Inc., in a trademark infringement proceeding.

Recent Recognition

Chambers Global
Ranked, Intellectual Property Litigation
IAM Patent 1000
Ranked, Litigation
Chambers Canada
Ranked, Intellectual Property Litigation

Insights, News & Events

Announcements

Vincent de Grandpré Joins Bennett Jones as Partner in Toronto

August 30, 2023
       

Announcements

Dominique Hussey, Melanie Teetaert and Cheryl Woodin in Benchmark's Top 100 Women in Litigation

August 03, 2023
       

Announcements

Bennett Jones Top 10 Trademark and IP Firms in Canada

August 25, 2022
       

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Intellectual Property Transactions
Patent & Trademark Prosecution
Privacy & Data Protection
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