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IP Litigation


Fasken’s IP team resolves high stakes litigation before various tribunals and the courts at all levels, including the Supreme Court of Canada, and through alternative dispute resolution mechanisms such as mediation and arbitration.
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Overview

IP litigation can threaten both your brand and your bottom line. This specialized area of law requires experienced counsel who understand the current and future value of your assets and who will skillfully assert your rights.

We assist clients by providing opinions on validity, infringement and freedom to operate in light of existing IP rights. We always seek to structure our advice to avoid future disputes with strategies taking account  of applicable law and rules arising from international trade agreements.

 

Growing international life sciences, engineering, electronic media and other industries require IP rights to be clarified and enforced across borders. We’ve appealed Copyright Board decisions to the federal courts, pursued extraordinary remedies including seizures before judgment and injunctions, and represented clients in international high-stakes patent litigation.

 

We work with clients in a variety of industries, including those where emerging technology and science benefits from sharp IP portfolio management. We also represent colleges, universities, government research institutes and professional associations such as the International Federation of Intellectual Property Attorneys (FICPI).

 

Fasken’s IP litigation team has won recognition from respected publications such as Chambers Canada, Who’s Who Legal, Managing IP and Best Lawyers. We offer training to clients and industry groups, publish analysis in media articles and speak at events where IP issues are discussed.

 

Subscribe to our “Intellectual Property Bulletin” newsletter, browse the recent disputes we’ve resolved on behalf of clients, or contact any of our lawyers to learn more.

Achievements

Team

Primary Contacts
  • Julie Desrosiers, Partner, Montréal, QC, +1 514 397 7516, jdesrosiers@fasken.com
  • David Turgeon, PhD, Partner | Patent Agent | Leader, Intellectual Property, Montréal, QC | Québec, QC, +1 514 397 5222, dturgeon@fasken.com
  • Marek Nitoslawski, Partner | Trademark Agent, Montréal, QC, +1 514 397 4335, mnitoslawski@fasken.com
  • Sébastien Roy, Partner | Trademark Agent, Québec, QC, +1 418 640 2073, sroy@fasken.com
  • Gerald (Jay) Kerr-Wilson, Partner | Trademark Agent, Ottawa, ON, +1 613 696 6884, jkerrwilson@fasken.com
  • Jean-Philippe Mikus, Partner | Trademark Agent, Montréal, QC, +1 514 397 5176, jpmikus@fasken.com

Client Work

  • Canadian Education Consortium (The Council of Ministers of Education, Canada) successful in copyright royalty dispute at the Federal Court of Canada, [Case - A consortium of provincial and territorial education ministries and Ontario school boards], Consortium of provincial and territorial education ministries and Ontario school boards successful at the Federal Court.
  • Equisoft Sues For Breach Of Commercial Secrets In Front Of The Quebec Superior Court, [Case - Equisoft Inc.], Equisoft files a lawsuit against Protégez-vous for breach of commercial secrets.
  • BRP wins major lawsuit against competitor Arctic Cat, [Case - Bombardier Recreational Products Inc.]
  • CMRRA v. Apple et al and SOCAN v. Apple et al, [Case - Spotify and Bell Canada], FCA upholds Copyright Board decision to lower royalties paid for on-demand streaming and emphasizes importance of deference to expertise of Copyright Board
  • ESA v. SOCAN, 2020 FCA 100, [Case - Entertainment Software Association, Entertainment Software Association of Canada, Bell Canada, Google Canada, Quebecor Media, Rogers Communications and Shaw Communications], FCA overturns Copyright Board decision that recognized "making available" as an exclusive right, and would have required payment of double royalties for downloads.
  • Constitutional challenge in the Superior Court of Québec attacking controversial amendments to the Patented Medicines Regulations and the validity of the existing PMPRB regime under the Patent Act, [Case - Merck Canada Inc., Janssen Inc., Servier Canada Inc., Boehringer Ingelheim Canada Ltd/Ltée, Bayer Canada Inc., Theratechnologies Inc., and an additional (Confidential) pharmaceutical company], Constitutional challenge in the Superior Court of Québec.
  • Janssen overturns Court of Appeal ruling to exclude Remicade from Quebec's list of medications, [Case - Janssen Inc.]
  • Odyssey et al v. Ellas TV et al, 2018 FC 337, [Case - Odyssey Television Network Inc. and 2371349 Ontario Inc.]
  • Interlocutory injunction against LaDose.pro and LaDose.ca, [Case - Applicants]

Knowledge

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