Intellectual Property Litigation
Torys’ IP litigation practice is regarded internationally for our creativity, client service and advocacy skills. We bring to IP disputes extensive trial, appellate and judicial review litigation expertise in our litigation and dispute resolution practice, working closely with our clients to help manage the complex issues that arise in the context of intellectual property.
A vibrant component of our top-ranked Litigation and Dispute Resolution Practice for over three decades, we have appeared as counsel in significant patent, trademark and copyright disputes before all levels of courts, intellectual property tribunals and regulatory bodies as counsel at trial and on appeals, as well as on injunctions and other types of hearings.
We handle matters for our longstanding clients as well as for those who come to us specifically for our intellectual property litigation prowess. We also act as counsel to firms that limit their practice to IP matters. We have a proven ability to handle complex and high-profile matters and to work seamlessly and efficiently with our clients and with lawyers in other jurisdictions.
Torys’ IP litigators are adept at both working with our clients’ technical specialists, and as necessary, supplementing those resources with leading, independent technical experts.
While we take pride as trial lawyers in our ability to prosecute or defend intellectual property cases, our team is also effective in alternative means of dispute resolution, including arbitration, mediation and direct negotiation. Whatever the method of dispute resolution, we bring a practical, timely and commercial approach to intellectual property disputes.
Our lawyers’ experience includes representing:
- some of the world’s largest pharmaceutical and biologics companies in major patent litigation relating to their key products
- major media companies—for example, Thomson Reuters and The Globe and Mail in Robertson v. Thomson in the Supreme Court of Canada in a dispute that dealt with the intersection of copyright and information technology
- major consumer product manufacturers in trademark disputes
- financial services companies and consumer goods manufacturers in proceedings before Advertising Standards Canada
- technology companies in litigation and arbitrations involving copyright, confidential information and licensing disputes
- financial services companies in matters relating to copyright, trademarks and business method patents
- Canadian Association of University Teachers (CAUT) as an intervener, in its successful appeal to the Supreme Court of Canada in the decision of Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, holding that fair dealing trumps the rights of copyright holders and the decision of Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), regarding the scope of fair dealing in educational context
- Thomson Reuters Canada in defending a class action relating to copyright in court documents
- Amgen, Astellas, Eisai, GSK and Pfizer (among others) in various cases including
- patent infringement and the defence of patent impeachment actions in the Federal Court
- appeals Federal Court of Appeal and Supreme Court of Canada
- Patented Medicines (Notice of Compliance) Regulations proceedings
- a major Canadian financial institution in the defence of a business method patent and confidential information claim by a former employee
- a major player in the Canadian oil field in a patent infringement action