IP Litigation and Enforcement

Litigation is a defining aspect of our practice since we first opened, and we are known for being tireless in pursuit of a correct decision.

We act on behalf of plaintiffs to enforce their intellectual property against infringers, and in defence of those accused of infringing the intellectual property of others.

In the past, we have secured successful outcomes in the Federal Court, the Federal Court of Appeal, the British Columbia Supreme Court, the British Columbia Court of Appeal, the Trademarks Opposition Board and the Patent Appeal Board. We have also acted against patent trolls in Canada and through US associates, with outstanding outcomes for our clients.

We have extensive experience asserting and contesting the validity of patents, trademarks and industrial designs. Our team also litigates copyright infringement actions, passing off, contractual claims relating to intellectual property and breach of confidence actions, trademark oppositions in Canada and the US, and appeals to the Federal Court from CIPO decisions.

Our experience also includes interim and interlocutory injunctions practice, patent invalidity actions and counterclaims, patent re-examinations, trademark expungement proceedings (summary & Federal Court applications), domain name dispute proceedings, contempt of court proceedings, raids in execution of orders and judgments, Anton Piller relief, including acting as Independent Supervising Solicitor on Anton Piller Orders and letters rogatory.

Not all enforcement involves court action and litigation. We can monitor portfolio infringements for key clients, asserting and defending against claims of infringement, or misappropriation of intellectual property.

Effective enforcement may involve elements of public relations, dealing with an infringer’s suppliers, customers, and distributors, or interdicting third party web distribution channels for infringing products.

Practice Contact(s)

Team Members

Case Studies

• Kona USA, Inc.
• Sepro Mineral Systems Corp.