Adam Bobker

Adam is a partner at Bereskin & Parr LLP with over 20 years of IP litigation experience. Adam keeps clients happy by resolving intellectual property disputes efficiently and effectively, either by settlement or ruling from the Court. His practice focuses on the resolution of a wide range of patent, trademark and copyright disputes, as well as intellectual property related commercial disputes. Adam has successfully obtained and defended interim and interlocutory injunction motions, motions for summary trial and summary judgment, trials, and appeals.

Prior to joining the firm, Adam spent several years practicing commercial litigation. Before taking his law degree, Adam was an electrical engineer at the General Motors car-body assembly plant in Oshawa, Ontario.

Reported decisions in cases in which Adam helped clients obtain favourable rulings include:

• Desnoes & Geddes Ltd. v. Hart Breweries Ltd., 2002 FCT 118 (finding of contempt in contempt proceeding for breach of injunction);
• Video Box Enterprises Inc. v. Lam, 2006 FC 546 (summary judgment for injunction and damages in copyright infringement action);
• Lendingtree, LLC v. Lending Tree Corp., 2006 FC 373 affirmed 2007 FCA 70 (dismissal of judicial review of interlocutory decision of Registrar of Trademarks);
• Biosig Instruments Inc. v. Sears Canada Inc., 2006 FC 206 (interlocutory order striking patent claim);
• Bridgeview Manufacturing Inc. v. 931409 Alberta Ltd. (Central Alberta Hay Centre), 2009 FC 50 affirmed (in part) 2010 FCA 188 (trial judgment of invalidity and obviousness in patent infringement action, finding of non-infringement upheld on appeal);
• Glaston Services Ltd. Oy v. Horizon Glass & Mirror Ltd., 2010 FC 1191 (trial judgment of infringement in patent infringement action);
• Weatherford Canada Ltd. v. Corlac Inc., 2010 FC 602 affirmed (in part) 2011 FCA 228 (trial judgment of validity and infringement in patent infringement action, upheld on appeal);
• E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2014 FC 326 affirmed 2015 FCA 163 (trial judgment of invalidity (obviousness) in a patent infringement action, upheld on appeal);
• E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2016 FC 613 (summary judgment of invalidity (functionality) in an action for design infringement);
• Cascade Corporation v. Kinshofer GmbH, 2016 FC 1117 (summary trial judgment of non-infringement (claims construction) in patent infringement action);
• UPL NA Inc., et al. v. AgraCity Crop & Nutrition Ltd., 2019 FC 530 varied 2020 FC 388 (interim injunction in patent infringement action) and 2022 FC 1422 (trial judgment finding patent valid and infringed and ordering a disgorgement of profits); and
• Canada Goose Inc. v. Vertical Axis Inc. et al., T-571-13, (successfully defended motion to remove personal defendant in a trademark infringement action relating to the <canadagoose.com> domain name).

Published Journal Articles authored by Adam include:

• Patent Litigation in Canada – The Use of the Protocol Questions in Light of Lord Hoffman’s Decision in Kirin-Amgen v. Hoechst Marion Roussel Ltd., 2006 85-1 Canadian Bar Review 153, 2006 CanLIIDocs 144

Adam coauthored Chapter 7 – Infringement in Canadian Patent Law Benchbook, Third Edition with Don Cameron, published in July 2019.