IP Litigation

Blakes IP litigation lawyers advise and represent Canadian and international clients when asserting and defending claims across a wide range of IP-related areas, including patent, trade secret, trademark, copyright and industrial design claims. We also represent clients in access-to-information litigation and cases related to other areas of IP, including personality rights, misleading advertising, depreciation of goodwill, counterfeiting, unfair competition, internet domain name disputes and cybersquatting, in both courts and arbitrations. Our IP lawyers also have broad commercial litigation experience that includes complex cases and class actions. Their specialized IP litigation experience covers a wide range of industries, including pharmaceuticals and life sciences, technology and social media, professional services, manufacturing, agribusiness, and oil and gas.

Our litigators have successfully represented client interests at all levels of courts, including the provincial superior courts, the Federal Court of Canada, the Supreme Court of Canada and the various appellate courts. We also frequently handle interferences, oppositions, cancellation and other proceedings before federal IP administrative boards such as the Trade-marks Opposition Board, the Patent Appeal Board, the Copyright Board and the Patented Medicines Prices Review Board (PMPRB). In the international arena, we work collaboratively with IP lawyers throughout the world to protect our clients’ IP wherever they do business.

Recent Experience

Janssen and Kennedy Trust in a patent impeachment and infringement action related to Remicade (infliximab), a biologic treatment for rheumatoid arthritis, and the first patent infringement action in Canada relating to a subsequent entry biologic (a generic version of a biologic drug, also referred to as a biosimilar) (Janssen Inc. v. Pfizer Canada Inc.).
IBM in a passing-off action relating to IBM’s cloud computing services and technologies (Smart Cloud Inc. v. International Business Machines Corporation).
Instagram in a patent infringement action relating to methods for the sharing of content on social media (United American Corp., et al. v. Instagram).
Facebook in a patent infringement action relating to methods for the sharing of content on social media (United American Corp., et al. v. Facebook).
Auxly in a commercial dispute relating to a distribution agreement for cannabis products (Auxly Cannabis Group Inc. v. Care Group of Pharmacies Inc., et al.).
Bausch Health and Valeant in a class action relating to the marketing and sale of products containing opioids (The Province of British Columbia v. Apotex Inc., et al.).
Janssen in proceedings pursuant to the PM(NOC) Regulations relating to Prezista (darunavir), an antiretroviral medication; and a patent impeachment and infringement action relating to Velcade (bortezomib), a product used to treat certain cancers.
Valeant in proceedings pursuant to the PM(NOC) Regulations relating to Glumetza (metformin), a medication used to treat type 2 diabetes