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

Federal Court of Appeal Confirms Use of a Trademark with “Hotel Services” can be Established Without Brick and Mortar Hotels in Canada

Article
September 11, 2020

Federal Court of Appeal Confirms Use of a Trademark with “Hotel Services” can be Established Without...

Federal Court Rejects Patent Office’s Approach to Claim Construction: Music to the Ears of Patentees in the Medical Diagnostic and Computer-Related Fields

Article
August 27, 2020

Federal Court Rejects Patent Office’s Approach to Claim Construction: Music to the Ears of Patentees...

Interlocutory Injunctions - Rare, but not Extinct

Article
August 18, 2020

Interlocutory Injunctions - Rare, but not Extinct

Uber / Google Trade Secret Row Over Self-Driving Car Tech Hits End of Road: Settlement and Jail Time

Article
August 6, 2020

Uber / Google Trade Secret Row Over Self-Driving Car Tech Hits End of Road: Settlement and Jail...

Return to In-Court Hearings in Ontario – New Safety Measures

Article
July 13, 2020

Return to In-Court Hearings in Ontario – New Safety Measures

Supreme Court of Canada Puts the Breaks on Uber’s Arbitration Clause

Article
July 8, 2020

Supreme Court of Canada Puts the Breaks on Uber’s Arbitration Clause

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Practice Group Leader

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

  

Speaking Engagements

Diversity and Inclusion in the Courtroom 
Ontario Bar Association (OBA)
April 8, 2020, Online
Patent & Trademark Case Law Review Series
Intellectual Property Institute of Canada (IPIC)
March 6, 2020, Online
12th Annual Fox IP Moot
The Harold G. Fox Moot
February 21 - 22, 2020