IP and Technology Litigation


Miller Thomson’s Technology Litigation Practice Group has the experience and knowledge to handle any matter with IP implications, and specializes in matters involving patents, trade secrets, trademarks, trade dress, copyrights, false advertising and unfair competition. Our litigation teams have a thorough understanding of complex technologies with a mastery of the nuances of patent and IP law to represent clients across a wide spectrum of industries, including electronics, semiconductors, software, pharmaceuticals and biologics, medical devices, financial services, internet and e-commerce, telecommunications, and manufacturing. Our lawyers have appeared before the Superior Courts and Federal Courts across Canada to represent clients in complex litigation matters. Our goal is to match our litigation strategy with the business objectives unique to our clients’ needs.

With success in the marketplace, there’s a good chance that you will have to pursue infringers or defend allegations from bitter rivals in order to maintain your hard-earned competitive advantage.

When you need to fight for your IP rights, you want a team that can match your own tenacity, creativity and determination to succeed. Miller Thomson’s IP litigation team meets the brief, combining a unique comprehension of the value of your company’s intangible assets with the outstanding advocacy skills required to successfully assert or defend your rights. We are especially adept in understanding global and local business needs. In today’s legal environment, however, only a small percentage of cases go to trial. We provide creative, practical and cost-effective solutions to achieve the clients’ business objectives. We also have extensive experience in the use of alternative dispute resolution mechanisms, including acting as arbitrators in cases. From the outset of each case, we explore with our clients the potential risks, opportunities and costs associated with various strategies for dispute resolution, including litigation, mediation, arbitration and negotiated settlements.

Our IP Litigation Group is also connected with the Multilaw global network of member law firms to provide seamless service across industries and practices in over 100 countries to handle any complex multi-jurisdictional dispute.

Our Services

  • Patent enforcement and defence
  • Trade secret and confidentiality agreement litigation
  • Trademark and Trade dress litigation
  • Copyright litigation
  • Breach of confidence and non-disclosure agreement litigation
  • Obtaining interim injunctions and restraining orders
  • Representation before patent appeal board, superior and federal courts
  • Appellate court practice

Our Offering

  • Industry expertise: Miller Thomson’s IP litigators regularly work with clients in diverse industries and businesses, ranging from life sciences and technology, to fashion and beauty products. In addition, our IP litigators draw on our  broader team of patent and trademark professionals to best advance our clients’ interests and goals.
  • Full-spectrum IP mastery: The depth of our lawyers’ combined industry expertise is matched only by the breadth of their experience across a full range of IP disputes. Backed by an IP group that includes lawyers recognized as leaders in all areas of IP law, our litigation team is as comfortable representing clients in patent infringement and invalidity as it is arguing trademark and passing off cases claims. Our litigators can also advance or defend claims regarding copyright, trade name or trade dress infringement.
  • Business focus: IP litigation does not – and cannot – occur in isolation from your larger business objectives. At every stage of your matter, our IP litigation team delivers practical, bespoke strategic advice with the aim of ensuring you achieve your short- and long-term goals in an effective and cost-efficient manner.
  • National and international reach: Within Canada, our lawyers represent clients at all levels of courts country-wide and frequently act in oppositions, cancellations and other proceedings before administrative tribunals such as the Trademarks Opposition Board, the Patent Appeal Board, and the Patented Medicines Prices Review Board. When your IP litigation needs extend beyond Canada’s borders, our group also has access to an international network of legal and IP firms who can provide the local knowledge and expertise you need to enforce or defend your rights.

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