IP Litigation

Our Group

Miller Thomson’s team of Intellectual Property (IP) litigation lawyers has extensive experience in all aspects of IP disputes. We have advocated precedent-setting cases, including the Supreme Court cases of Veuve Clicquot (dealing with the famous trade-mark for champagne) and Biolyse (dealing with the drug approval process).

Our IP litigation lawyers have been counsel on all forms of IP disputes, including patent, trade-mark, copyright and industrial design infringement actions, passing off and unfair competition actions and trade secret actions. We frequently litigate complex patent and trade secret cases, as well as trade-mark infringement and expungement proceedings. Our lawyers represent clients in the provincial courts, the Federal Court and Federal Court of Appeal and the Supreme Court of Canada.

We have successfully obtained various forms of relief for our clients, including pre- and post-trial injunctions, Anton Piller search and seizure orders and summary judgment. Our lawyers are skilled at determining and implementing cost-effective litigation strategies to ensure that our clients’ goals are met.

Our Experience

Patents:

• Represented an agricultural products company in conflict proceedings relating to the DNA sequencing of plants
• Successfully appealed a pharmaceutical patent case before the Supreme Court of Canada
• Represented pharmaceutical manufacturers in proceedings under the Patented Medicines (Notice of Compliance) Regulations
• Acted as counsel to a food processing company in litigation relating to a method of processing seafood
• Represented a medical device company in litigation involving patent rights in Canada and worldwide
• Represented a manufacturer of conveyor belt rollers in infringement litigation
• Represented medical device manufacturers in infringement actions relating to cardiovascular devices and blood glucose monitors
• Acted as counsel on litigation relating to oil and gas field equipment
• Represented manufacturers of various industrial equipment, such as painting equipment, automotive lift equipment, pneumatic hammer devices and construction machinery
• Represented software manufacturers in actions relating to business method patents
• Successfully defended an automotive parts manufacturer in a patent infringement and injunction application

Trade-marks:

• Successfully appealed several trade-mark infringements and passing off actions before the Supreme Court of Canada
• Successfully represented a major university in a trade-mark infringement and passing off action
• Acted for a Canadian footwear manufacturer in several infringement actions

Trade Secrets:

• Represented an engineering firm in litigation relating to explosives manufacturing technology
• Acted as counsel to an Internet gaming company in a breach of confidence action
• Represented an electronics manufacturer in litigation relating to wireless devices

Copyright:

• Successfully acted for a food industry distributor in copyright infringement action and injunction application
• Acted for franchisors and franchisees in copyright and design disputes relating to restaurant equipment

Design:

• Acted for a design company in defending an industrial design infringement action relating to office equipment
• Successfully lifted Anton Piller order against a chair manufacturer in relation to an industrial design and patent infringement action
• Represented a chair manufacturer in litigation involving industrial designs, distinguishing guise and trade-mark passing off actions