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Overview

Melissa Dimilta practices in all areas of intellectual property law. Melissa assists clients with resolving and litigating intellectual property disputes with an emphasis on patent litigation and trademark litigation. In particular, Melissa has significant experience litigating under the Patented Medicines (NOC) Regulations. Melissa is also a registered trademark agent in Canada and is involved in trademark prosecution and opposition proceedings.

Melissa advises clients from various industries including the pharmaceutical, biotechnology, agriculture, retail, and luxury goods industries. In addition to advising clients on a range of intellectual property matters involving patent, trademark and copyright issues, she also advises clients on regulatory, product regulation and compliance matters in relation to food and drug products.

Melissa is a member of the Advocates' Society, the Intellectual Property Institute of Canada and the Canadian Bar Association.

Client Work

LSI Industries (Nasdaq; LYTS), a manufacturer of commercial lighting and display solutions, in its acquisition of Canada’s Best Store Fixtures, a provider of retail fixtures and custom store design solutions for grocery, quick service restaurant, c-store, banking and specialty retail environments
The Founders in connection with the sale of a majority interest in LiftWerx Solutions to the TowerBrook Delta Fund managed by TowerBrook Capital Partners.
TELUS Corporation, in four trademark opposition proceedings brought by Shaw Telecommunications Inc.
Prosecuted numerous trade-mark applications.
Various clients on the advertising, labelling, packaging and other requirements under, and compliance with: the Food and Drugs Act; the Food and Drugs Regulations; the Natural Health Products Regulations; the Medical Devices Regulations; and the Access to Cannabis for Medical Purposes Regulations.
The Intellectual Property Institute of Canada (IPIC), Canada's preeminent association of intellectual property professionals, as an intervener in the Federal Court of Appeal. The case involved a novel legal issue as to whether non-compliance with the Public Servants Inventions Act can be grounds to invalidate a patent. IPIC successfully argued that the validity of a patent can only be judged against what the Patent Act and Patent Rules require; an earlier order granting summary judgment was set aside in its entirety. Brown v Canada, 2016 FCA 37

Recognitions & Awards

The Legal 500 Canada

Key Lawyer, Cannabis

Managing IP

Recognized as a Rising Star – Canada

WTR 1000 The World's Leading Trademark Professionals

Recognized among the top 1000 Trademark professionals in Prosecution and Strategy

Education & Bar Admissions

Education

  • University of Toronto, BSc (Hons), 2007
  • University of Windsor, JD, 2011

Bar Admissions

  • Ontario, 2012

Insights

PlaceholderArticle

WTR: Trademark Litigation Review 2024

December 12, 2023
Dominique T. HusseyMelissa M. Dimilta
Dominique T. Hussey & Melissa M. Dimilta
PlaceholderArticle

Winning Strategies for Litigating Before Canadian Courts

November 24, 2023
Dominique T. HusseyMelissa M. Dimilta
Dominique T. Hussey & Melissa M. Dimilta
COVID-19 Medical Devices Fast-Tracking AuthorizationsBlog

COVID-19 Medical Devices: Fast-Tracking Authorizations

May 7, 2020
Dominique T. HusseyMelissa M. Dimilta
Dominique T. Hussey & Melissa M. Dimilta

News, Events & Speaking Engagements

PlaceholderSpeaking Engagement

Primer on Remedies in IP Infringement Cases

November 30, 2016
Melissa M. Dimilta
Melissa M. Dimilta
PlaceholderIn The News

National Post on Brown v. Canada

February 23, 2016
Melissa M. Dimilta
Melissa M. Dimilta
PlaceholderIn The News

Bennett Jones counsel to intervener in Brown v. Canada: InHouse

February 15, 2016
Melissa M. Dimilta
Melissa M. Dimilta