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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

Recent Amendments to the Patented Medicines Regulations Declared Unconstitutional by Québec Superior Court

Article
January 13, 2021

Recent Amendments to the Patented Medicines Regulations Declared Unconstitutional by Québec Superior...

Court Rejects Attempt to “Stretch” Patent Claim Language

Article
January 12, 2021

Court Rejects Attempt to “Stretch” Patent Claim Language

Infringement, Expungement, and No Damages – But Disgorgement of “Unlawful” Profits for Passing Off?

Article
January 5, 2021

Infringement, Expungement, and No Damages – But Disgorgement of “Unlawful” Profits for Passing...

The Supreme Court of Canada Reinforces the Duty of Good Faith in Contracts

Article
December 18, 2020

The Supreme Court of Canada Reinforces the Duty of Good Faith in Contracts

Federal Court of Appeal Clarifies that a “Direct Impact” is Required to Obtain Leave to Appeal Interlocutory Orders in PM(NOC) Actions

Article
December 9, 2020

Federal Court of Appeal Clarifies that a “Direct Impact” is Required to Obtain Leave to Appeal...

Tips for Preserving Trade Secrets in the Age of Virtual Meetings

Article
October 19, 2020

Tips for Preserving Trade Secrets in the Age of Virtual Meetings

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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

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
Diversity and Inclusion in the Courtroom 
Ontario Bar Association (OBA)
April 8, 2020, Online