Melissa M. Dimilta


Bennett Jones Melissa M. Dimilta Partner, Trademark Agent Toronto 416.777.7448 dimiltam@bennettjones.com Education University of Toronto, BSc (Hons), 2007 University of Windsor, JD, 2011 Bar Admissions Ontario, 2012 Melissa Dimilta is an experienced intellectual property litigator and strategist. Melissa advises clients on all types of intellectual property including, patents, trademarks, copyrights and industrial design, and on life science regulatory issues. Overview Melissa practices in all areas of intellectual property law, assisting clients across a broad spectrum of industries—including pharmaceuticals, biotechnology, food, medical devices, consumer products, agriculture, retail, and luxury goods—with a particular emphasis on Health Canada regulated sectors. Melissa has extensive experience resolving and litigating intellectual property disputes, with a focus on patent and trademark litigation. She is recognized for her significant expertise in proceedings under the Patented Medicines (Notice of Compliance) Regulations and has represented clients before the Federal Court, Federal Court of Appeal, the Ontario Courts, as well as the Trademarks Opposition Board. Melissa’s practice includes advising clients on all aspects of intellectual property law, including patent, trademark, copyright, and industrial design matters. She is deeply involved in trademark prosecution and opposition proceedings, and provides strategic guidance on portfolio management, commercialization, and enforcement of intellectual property rights. In addition to her litigation and advisory work, Melissa assists clients in Health Canada regulated industries with regulatory compliance, product regulation, and navigating the complex intersection of intellectual property and regulatory frameworks. Her experience involves advising clients on advertising, marketing, packaging, labelling and regulatory matters pertaining to pharmaceuticals, biologics, legal cannabis, medical devices and natural health products. She is a member of the Advocates' Society, the Intellectual Property Institute of Canada, and the Canadian Bar Association. Selected Litigation • Amgen Canada Inc. in the first motion to delist a patent under the amended Patented Medicines (Notice of Compliance Regulations) (Bayer Inc v Amgen Canada Inc, 2024 FC 1849) • Amgen Canada Inc. in a judicial review application brought by Bayer Inc. (Bayer Inc. v Amgen Canada Inc., 2025 FC 107 aff'd 2025 FCA 142) • Amgen Canada Inc. on a motion to compel samples brought by Bayer Inc. and Regeneron Pharmaceuticals Inc. (2025 FC 264) • Amgen Canada Inc. in five different actions brought by Bayer Inc. and Regeneron Pharmaceuticals Inc. under the Patented Medicines (Notice of Compliance Regulations) related to the drug aflibercept • Alexa Translations in its trademark infringement action against Amazon.com • Biosteel Inc. and D.C. Holdings Ltd. on a motion seeking an interlocutory injunction based on a claim for passing off against Cizzle Brands Ltd. and Cizzle Brands Inc. • Nate Hendley and James Lorimer & Company Ltd. in a copyright infringement action (Winkler v Hendley, 2021 FC 498) • TELUS Corporation, in four trademark opposition proceedings brought by Shaw Telecommunications Inc. • 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 Selected Advisory Work • Pharmaceutical Companies: Navigate regulatory and patent issues, advise on interactions with Health Canada. Successfully negotiate and structure strategic settlements in the course of litigation on behalf of pharmaceutical companies • Trademark and Branding: Prosecute, manage, advise on and enforce a broad range of high-value trademark portfolios • Regulatory Advice: Navigate clients with Health Canada regulated products through classifications, approvals, licences, labelling, packaging, recalls, warning letters, and other requirements under, and compliance with: the Food and Drugs Act; the Cannabis Act and the Regulations, the Food and Drugs Regulations; the Natural Health Products Regulations; the Cosmetic Products Regulations; and the Medical Devices Regulations

Partner, Trademark Agent