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Litigation

The protection of intellectual property (IP) inevitably involves disputes over rights to that property. Bereskin & Parr LLP, a leader in IP law in Canada, has extensive experience in litigation and the management and effective resolution of such disputes. Our firm’s Litigation group advises and acts in all types of intellectual property cases, from simple disputes that may only require pragmatic negotiation, to major cases. We act for parties both large and small, from individual inventors and start-ups to international companies.

Our litigators have a wide variety of technical backgrounds in engineering, biotechnology, and computer-related fields, and are able to efficiently present complex technical cases. Several members have taken extensive training in mediation and arbitration and have extensive experience before the Supreme Court of Canada and federal and provincial courts and tribunals. Our professionals have also handled domain name disputes in the courts or using the Internet Corporation for Assigned Names and Numbers’ (ICANN) dispute resolution policy. We tailor a litigation team for each case bringing together lawyers with both educational backgrounds and experience to suit the case.

Our litigation group is committed to selecting and implementing the best approach possible, and does so by being practical, efficient, and cost-effective. It is our policy to explore all available dispute resolution options in every case in order to provide practical business solutions and encourage settlement whenever possible. We emphasize file management and organization from the outset of the case with regular reviews of status and strategy with our client, and regular reporting.

Our Services

The following is a list of services that members of our Litigation practice group provide:

  • Patent litigation
  • Trademark and unfair competition litigation
  • Trade dress litigation
  • Domain name disputes and litigation
  • Copyright litigation
  • Industrial design litigation
  • Confidential information litigation
  • Alternative dispute resolution

 

Recent Articles

Inconsistency remains the key to unlocking the file history.  The Federal Court of Appeal cautions against an over broad interpretation of Section 53.1 in Bauer Hockey Ltd. v. Sport Maska Inc.

Article
August 24, 2021

Inconsistency remains the key to unlocking the file history. The Federal Court of Appeal cautions...

$29M Statutory Damage Award for Copyright Infringement Includes Finding of “Inducement”

Article
August 13, 2021

$29M Statutory Damage Award for Copyright Infringement Includes Finding of “Inducement”

Federal Court of Appeal Affirms Award of Damages for Compound Interest that “Would Have” and “Could Have” Been Earned in Patent Infringement Litigation Involving Cefaclor

Article
August 10, 2021

Federal Court of Appeal Affirms Award of Damages for Compound Interest that “Would Have” and “Could...

The “Inside Out” Lawsuit is Mixed with Sadness and Joy for the Parties

Article
July 21, 2021

The “Inside Out” Lawsuit is Mixed with Sadness and Joy for the Parties

Exhaustion Doesn’t Apply: Repurposing of Original Branded Parts Leads to Findings of Infringement, Passing Off and Depreciation of Goodwill

Article
July 12, 2021

Exhaustion Doesn’t Apply: Repurposing of Original Branded Parts Leads to Findings of Infringement,...

Inducing Infringement by Product Monographs & Skill and Judgment in Medical Use Claims: Key Takeaways from the Federal Court’s decision in Hoffman-La Roche Limited v Sandoz Canada Inc.

Article
July 9, 2021

Inducing Infringement by Product Monographs & Skill and Judgment in Medical Use Claims: Key Takeaways...

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Practice Group Leader

Andrew McIntosh Andrew McIntosh
B.Sc. (Chem.), J.D., LL.B.
Partner
416.957.1677  email Andrew McIntosh
All Practice Group Members

  

Speaking Engagements

PMNOC Litigation: Everything You Want To Know But Are Afraid To Ask
Ontario Bar Association (OBA)
September 20, 2021, Online
13th Annual Fox IP Moot
Canadian Intellectual Property Moot
February 19 - 20, 2021, Online
Summary Judgement and Summary Trial in Patent Cases
University of Toronto; Faculty of Law
November 20, 2020, Online