Intellectual Property: Canada

THE FIRM Gowlings is one of the most experienced and highly respected firms in Canada for IP law. The firm has one of the largest IP practices in the country, and advises some of the best-known companies in the world. It has a strong reputation for IP litigation, where highlights saw the firm represent Bridgeview Manufacturing and Highline Manufacturing before the Federal Court of Appeal in a patent infringement action against Duratech Industries. The firm also represents high-profile clients in web-based copyright infringement trials as well as in pharmaceutical patent litigation.

Sources say: "Intellectual property is their calling card." "They are extremely responsive, pragmatic and business-oriented. They really work as a strategic partner for us."

KEY INDIVIDUALS Anthony Creber is regarded as one of the best IP litigators in the country. Based in Ottawa, he focuses on patent litigation in the pharmaceutical and chemical sectors. 

Christopher Van Barr has a growing reputation, representing clients in all areas of IP litigation including patent and PM(NOC) litigation. Sources say: "He is a gentleman to deal with in a highly competitive area." One peer added: "He is a lawyer on the rise."

Robert MacDonald is a trade mark specialist who advises on transactions, prosecution, licensing and litigation.

Kelly Gill is well regarded for his work across the IP litigation spectrum, representing clients in copyright, trade mark and misleading advertising cases. Clients comment: "He is very impressive."

James Tumbridge is the head of the IP department in the firm's London office. He has extensive experience in Canada-related work, representing clients such as the National Film Board of Canada and Unilever. He focuses on patent, copyright, trade mark and design litigation, and sources say: "He's well suited to the Canadian interface."

THE FIRM This IP and technology boutique is widely regarded as a heavyweight in the Canadian market. The firm has significant experience across all areas of IP law and is well known for the volume of its trade mark practice and for its prowess in IP litigation. Representative highlights include representing Amazon.com before the Federal Court of Appeal in a case concerning the patentability of the company's business methods. In other notable successes, the firm acted for Marlboro Canada and Imperial Tobacco Canada in a trade mark infringement action against Philip Morris.

Sources say: "An excellent law firm - they really stand out." "A fine quality firm with great lawyers."

KEY INDIVIDUALS Steven Garland has a wide-ranging IP litigation practice, and featured on both the Amazon.com and Marlboro cases. He also regularly acts for pharmaceutical companies, particularly on patent matters. Sources say: "He has been counsel on some important decisions - he is a great guy and is well respected."

Firm chair John Bochnovic has extensive experience in patent and trade mark cases in the pharmaceutical, electronics and communications industries.

Gunars Gaikis is recognised for his specialisation in pharmaceutical patent litigation. One client commented: "He is one of the best litigators I've dealt with."

Montréal-based François Guay brings with him a wealth of experience advising on IP litigation, and is noted for his track record in the field. He was one of the lead lawyers on the Marlboro case.

Mark Evans is the managing partner of the firm's Toronto office. His expertise covers trade mark protection and management matters. 

THE FIRM This IP boutique has offices in Toronto, Montréal, Mississauga and Waterloo and a total of over 70 fee earners. The firm is a strong competitor in the Canadian IP market, and is best known for its prominent IP litigation practice. The group handles patent, industrial design, copyright, trade mark and unfair competition litigation, as well as ADR. In addition, the firm regularly advises both local and international clients across all other aspects of IP law including licensing and transactions, with a focus on the chemical, pharmaceutical and technology sectors.  

Sources say: "They are as dominant as ever."

KEY INDIVIDUALS Founding partner Daniel Bereskin QC is renowned for his work in trade marks, and has vast experience working on all aspects of IP law. Sources say: "He's fantastic."

Robert MacFarlane is the head of the firm's litigation group. His areas of expertise include patent, copyright, trade mark and confidential information.  

Cynthia Rowden leads the trade marks practice group and handles many of the firm's key portfolios.

Donald Cameron joined the firm in 2012, and sources view him as a strong addition to its bench. He advises a wide range of clients on IP litigation and trade mark prosecution.

THE FIRM This well-rounded group continues to play an important role in Canada on all aspects of IP law. The firm enjoys a premier reputation for IP litigation, leveraged by its highly regarded commercial litigation practice. It has a strong track record in pharmaceutical patent litigation, acting for such clients as Abbott Laboratories, Sanofi and Merck. In other highlights, the firm represented Music Canada before the British Columbia Supreme Court in a copyright infringement case against one of the largest BitTorrent sites in the world. On the non-contentious side, the team advised Kraft on the reorganisation of its worldwide trade mark portfolios following the division of its international snacks business.

Sources say: "They are very driven - they look for winning legal arguments rather than purely academic arguments."

KEY INDIVIDUALS Andrew Reddon chairs the firm's national IP litigation group, focusing largely on pharma patent litigation. He represented Abbott Laboratories against Janssen-Ortho in a case before the Federal Court concerning the drug Stelara, and draws praise from clients and peers alike. One source said: "He is absolutely brilliant - he's great in action," while another added: "He has a clarity and directness in his legal thinking that we really like."

Steven Mason advises on IP dispute resolution and has notable experience acting on patent, trade mark, copyright infringement and trade secrets cases. Alongside Reddon, he acted for Abbott Laboratories and represented Sanofi in a dispute concerning Rilutek and Ramipril.

Alfred Macchione represents clients across all areas of IP law, and is highlighted for his subject matter expertise in the technology and telecoms sectors. He acted on the Kraft case, and was also involved in the IP aspects of Belden's acquisition of Miranda Technologies.

Barry Sookman is recognised for his knowledge of both IT and IP law, and is also well regarded for copyright work. One interviewee said: "He is one of only a few lawyers with that type of expertise."

THE FIRM Norton Rose has a strong global footprint in IP, and represents some of the world's largest companies with notable activity in the pharma, life sciences and financial services sectors. The firm is well known for its pharmaceutical patent litigation practice, and represented Pfizer in a patent impeachment action concerning the drug Viagra. It also acted for GlaxoSmithKline on an application under the PM(NOC) regulations relating to a Canadian patent covering dutasteride. The firm also holds the patent drafting and prosecution mandates for companies such as Research In Motion and Bombardier and manages the trade mark portfolios of Dial, Del Monte and Heinz.

Sources say: "Excellent lawyers with a lot of experience."

KEY INDIVIDUALS Patrick Kierans is the global leader of the firm's pharmaceuticals and life sciences practice. He focuses on patent and trade mark litigation, and was involved in the abovementioned Pfizer case.

Judith Robinson works out of Montréal and co-chairs the firm's national IP group. She advises on patent litigation, predominantly in the life sciences and pharmaceutical sectors, and also specialises in drug regulatory law.

Jason Markwell's practice covers PM(NOC) compliance, infringement actions, data protection, advertising and IP strategy, amongst other areas of expertise.

Claude Brunet "is a hugely respected copyright lawyer in Canada." One source enthused: "He is very professional, and the most pleasant person you will ever have to deal with."

Jane Caskey advises on patent and trade mark litigation in the pharmaceutical and financial services sectors. She was involved in the GlaxoSmithKline patent litigation alongside Patrick Kierans.

Brian Gray represented the Canadian Life & Health Insurance Association and the Canadian Bankers Association against Amazon.com in a business methods patent case.

THE FIRM This group advises clients across all areas of IP law, and has a fine reputation for IP litigation. Major clients include generic pharmaceutical companies such as Teva, whom it represented before the Supreme Court of Canada in a challenge to the patent covering Viagra. The firm also acted for Mylan Pharmaceuticals on patent litigation against Abbott Laboratories and Sanofi, and continues to represent Re:Sound Music Licensing in proceedings before the Copyright Board of Canada. The firm also handles the prosecution, management and enforcement of trade mark portfolios and domain name policing in Canada for companies such as LG Electronics and NBA Properties.

Sources say: "They understand the dynamics of our company." "Their IP practice is one of the eminent groups in Canada - they are at the top of their game."

KEY INDIVIDUALS Bradley White chairs the department, and has great expertise on both the patent litigation and prosecution side of IP law. He is described as "a tremendous partner" who "is an expert at navigating the Canadian system."

Glen Bloom is recognised as a leading practitioner on the copyright side, and was one of the lead partners on the Re:Sound case. He is "smart, very knowledgeable and a pleasure to work with," say sources.

John Cotter specialises in IT-related IP law. He recently represented Microsoft in trade mark, copyright infringement and anti-counterfeiting cases.

Vincent de Grandpré is a senior associate who earns widespread praise for his deep knowledge of the patent system in Canada. One source enthused: "He has a lot of potential - he will be a star."

Since publication, Marcus Klee has joined Aitken Klee LLP

Since publication, David Aitken has joined Aitken Klee LLP

THE FIRM This group provides expert assistance across all areas of IP law, with a strong emphasis on IP prosecution. It is also recognised for its expertise in trade marks, and has seen a growing amount of work with links to other jurisdictions such as the USA. On the contentious side, the firm represents clients in patent, trade mark and copyright infringement litigation, and related licensing and regulatory disputes. Its industry expertise covers oil and gas, life sciences, media, retail and consumer products, amongst other sectors.

Sources say:  "They are very user-friendly for clients."

KEY INDIVIDUALS Sheldon Burshtein enjoys a fantastic reputation in the market. He concentrates on patent prosecution, and is described as "a real intellectual of IP law."

Gary Daniel also advises on prosecution, with a focus on copyright and trade marks. He advises clients both in and outside Canada, including in connection with corporate transactions.

THE FIRM The IP group at this national firm offers clients patent, trade mark and copyright services both on litigious and non-litigious matters country-wide. The firm's expertise cuts across all industry sectors from life sciences to technology and retail. Notable clients include ExxonMobil, PPG Industries and Purdue Pharma.

Sources say: "They provide a broad scope of services in the IP space."

KEY INDIVIDUALS Gordon Zimmerman works with clients across all areas of IP law including industrial design and trade secrets. One client said: "He is very knowledgeable and supportive, always rises to the challenge and has our best interests at heart."

New entrant Justine Wiebe focuses on non-contentious trade mark matters with a specialism in trade dress protection. One source said: "She is very reasoned and applies great logic in how she attacks problems."

THE FIRM This IP boutique enjoys a fine reputation across the country, and stands out for its patent litigation practice, combined with strength and expertise in trade mark prosecution. It continues to see a large number of cases in the pharmaceutical sector, and represented Sandoz Canada in a PM(NOC) case against Astellas concerning the drug tacrolimus. The firm is also active in the energy sector, where highlights saw it act for GrenCo on a patent infringement action against National Oilwell and represent SNF, a maker of polymer chemicals, in an action against Ciba Specialty Chemicals relating to the treatment of oil sands tailings.

Sources say:  "A quality firm for IP litigation."

KEY INDIVIDUALS Ronald Dimock is a highly experienced litigator on patent, copyright and trade mark cases. In highlights, he acted for Dow Chemical on a patent infringement action on polyethylene compositions and is defending Arctic Cat in an action brought by Bombardier concerning the design and construction of snowmobiles.

Bruce Stratton regularly advises on disputes involving the technology sector, including e-mail and software systems, consumer products and oil and gas technology. 

THE FIRM This group is best known and highly regarded for its experience in pharmaceutical patent litigation. The firm also advises on trade mark litigation and prosecution in sectors such as food, sporting goods and alcoholic beverages.

Sources say: "The quality of the work they do is very good."

KEY INDIVIDUALS Harry Radomski is head of the firm's IP litigation group and represents generic clients in PM(NOC) cases. One source said: "He is immensely prolific," while another said, "he manages his team brilliantly."

Andrew Brodkin regularly represents pharma clients in trade mark and other IP litigation. His commercial litigation practice also covers insurance, banking and employment law.

Dino Clarizio focuses on patent prosecution and IP litigation, with an emphasis on the chemical and pharmaceutical sectors.

THE FIRM Heenan Blaikie is rated for its representation of high-profile clients in pharmaceutical patent litigation. The firm has also continued to grow its prosecution practice, advising clients in the banking, medical systems and technology sectors. Highlights include representing Teva against OSI Pharmaceuticals in regulatory proceedings. Other notable clients include Apple, Facebook and Warner Bros.

Sources say: "We have had great success with them."

KEY INDIVIDUALS The well-liked Jonathan Stainsby leads the firm's IP litigation team, advising clients across all areas of IP, with a focus on patent litigation. Peers comment: "He is a very good lawyer who is trusted with the courts. Clients like the way he manages a team and feel comfortable with the way he works. "

Andrea Rush has substantial experience acting on prosecution, licensing and IP litigation. Recent work includes representing the Prostate Centre at UHN-Princess Margaret Hospital in respect of the first robotic non-invasive surgery for cancer.

Andrew Skodyn focuses on patent litigation and sources say he is "very quick on his feet and processes things very quickly."

Bill Mayo focuses on patents and trade marks primarily on the prosecution, licensing and transactions side. He also advises on IP litigation and was involved in the abovementioned Teva case alongside Jonathan Stainsby.

THE FIRM ROBIC is a boutique firm with offices in Montréal and Québec City. Its core focus is patent and trade mark prosecution, and it also acts on commercial transactions and litigation files. The firm represents clients in the life sciences and technology sectors and often handles cross-border work, with an emphasis on Western Europe and the USA.

Sources say: "They have high-quality practitioners."

KEY INDIVIDUALS François Grenier is a specialist in patent and trade mark litigation who "continues to be one of the top hitters in the business." Sources say he is "knowledgeable in his field and easy to deal with."

Bob Sotiriadis advises clients in sectors such as IT and petrochemicals on all matters from litigation to licensing and transactional IP law.

THE FIRM Torys enjoys a prominent reputation in the market for pharmaceutical patent litigation, and for its distinct focus on the life sciences sector. In work examples, the firm represented Pfizer and Pfizer Canada in various cases against generic companies in (PM)NOC proceedings. It also acted for Amgen against Teva in Canada's first biogenerics patent infringement case. On the prosecution side, the team manages Thomson Reuters' Canadian portfolio of approximately 300 trade marks. It also advises TD Bank on patent and trade mark matters.

Sources say: "The team is talented and hard-working. I've been continuously impressed by their services."

KEY INDIVIDUALS Eileen McMahon works predominantly for pharmaceutical clients, advising them on how to obtain, maintain and enforce their IP rights. Sources highlight the "pragmatic and realistic" nature of the advice she gives.

Andrew Bernstein's practice covers pharmaceutical patent litigation as well as life sciences, IT and media cases. One client commented: "I was very impressed with his strategy and dealings with difficult issues that arose in the litigation."

Conor McCourt practises on both the contentious and non-contentious side of IP law, with notable expertise in the patent, trade mark and regulatory fields. One client commented: "He devised a creative strategy in dealing with our matter on the prosecution side. He is definitely highly recommended." 

Andrew Shaughnessy represents clients in patent and trade mark infringement and litigation. He is one of the lead lawyers on the firm's Pfizer cases and clients say he is "bright, extremely intelligent and the advice he gives is very practical and pragmatic."

THE FIRM This firm regularly advises its energy sector clients on IP matters, most notably in the oil sands and greentech sectors. It also represents clients in pharmaceutical patent litigation, and has a significant cross-border patent and trade mark prosecution practice, with extensive experience before the US Patent & Trademark Office. Other notable highlights include defending Research In Motion in a trade mark infringement proceeding related to the letters BBM.

Sources say:  "I value their approach to their treatment of IP. They have done a really good job of protecting our business."

KEY INDIVIDUALS Based in Calgary, Martin Kratz QC is the head of the firm's IP department. He advises clients across all areas of IP law with a focus on the technology sector.  

THE FIRM Cassels Brock & Blackwell is widely recognised for its specialism in trade mark and copyright law, and represents some of the most well-known names in Canada including Canadian Tire and Roots. In highlights, the firm represented T.E. Financial Consultants in opposing trade marks filed by TD Bank. It is also simultaneously representing T.E. in federal court expungement proceedings commenced by TD.

KEY INDIVIDUALS Casey Chisick is the co-leader of the firm's copyright and entertainment practice and the co-chair of its fashion industry practice group.

THE FIRM This boutique firm focuses on IP and IT-related matters and continues to enjoy a strong reputation in the market for its service offering in both areas. The firm focuses on patent, copyright, trade mark and industrial design prosecution, with additional expertise in IP litigation both in and outside Canada. Its industry sector expertise covers pharma, biotech, food and natural health products and e-commerce.

Sources say: "They have a good all-round practice, especially on the trade mark side."

KEY INDIVIDUALS Douglas Deeth focuses on IP and IT litigation and licensing. "He has a very practical and commercial approach," say sources.

New to the tables, Marijo Coates concentrates primarily on trade mark licensing and protection. Commentators note: "She is a really good lawyer - she is very knowledgeable and has a lot of experience, especially on trade marks." 

THE FIRM This firm is rated for its IP practice in Montréal, and brings with it significant strength and expertise in copyright law. Highlights include representing Rogers and Shaw in a series of copyright infringement matters brought by the Society of Composers, Authors & Music Publishers of Canada. The firm is also active on cross-border work, and represented H. Lundbeck in a counterclaim in response to an action brought by Apotex seeking a declaration of non-infringement on the patent for the drug escitalopram.

KEY INDIVIDUALS Aidan O'Neill specialises in copyright law in the communications and new media sectors. "He is a pre-eminent copyright board lawyer," said one peer, while one client commented: "He has been absolutely instrumental for us." 

THE FIRM This IP/IT boutique has offices in Toronto, Ottawa and Mississauga and is recommended for its specialism in patent prosecution. It regularly acts for clients from the biotech, IT and other hi-tech industries. The firm also advises on the prosecution, licensing and enforcement of mechanical and industrial technologies.

KEY INDIVIDUALS Janet Fuhrer is well respected for her experience in both contentious and non-contentious trade mark and copyright matters.

David Heller advises on all aspects of IP law and often represents clients in the pharmaceutical and biotechnology sectors. 

THE FIRM This Toronto-based IP boutique focuses on IP litigation, and together with patent and trade mark agency Sim & McBurney offers both Canadian and international clients a full range of services across all areas of IP law. The firm has various practice areas which feature lawyers with extensive experience in areas such as mining and energy, technology licensing, electronics and computers.  

KEY INDIVIDUALS Toni Polson Ashton brings more than 30 years of experience to her trade mark law practice.

THE FIRM Stikeman Elliott is rated for its commercial IP practice. The firm is strong in trade mark and patent prosecution, as well as in pharmaceutical patent litigation and copyright law. Highlights include acting on the IP aspects of Apple's acquisition of Nortel's patent portfolio, and representing La Senza in a textile design copyright infringement case against LA Printex Industries.

KEY INDIVIDUALS Based in Ottawa, Stuart McCormack is the head of the department.