Intellectual Property Litigation

We represent clients in high-stakes intellectual property disputes, combining litigation strength with industry insight to protect innovation and achieve results.
Key Contact
Hussey Dominique
Stairs

Bennett Jones' intellectual property litigators regularly appear before the Federal Court, the Federal Court of Appeal, superior courts and regulatory authorities representing clients in some of their most strategic commercial disputes. Blending strong litigation skills with technical and industry expertise, we represent clients across the full spectrum of intellectual property proceedings (patents, trademarks, copyright, industrial design, breach of confidence/trade secrets, IP licensing disputes). Our intellectual property litigation bench strength has been recognized by Chambers, Benchmark, Best Lawyers, Managing IP, IAM, Who's Who Legal, Legal 500, LMG Lifesciences, IAM Patent 1000 and World Trademark Reporter 1000.

In the context of patent litigation, we act for leading oil and gas, mining, banking, pharmaceutical and biologics clients. Litigators and industry experts, the Bennett Jones team skillfully simplifies complex matters to persuade courts, tribunals, and opposing counsel to reach favourable outcomes for our clients.

In the context of trademark and copyright litigation, we act for leading cannabis, food and beverage, technology, luxury goods, media and telecommunication clients. The Bennett Jones team has a client-oriented approach tailoring their knowledge of intellectual property law to each client's needs.

In addition to arguing before courts, Bennett Jones litigators are commercially-minded strategic advisors. With a deep understanding of our clients' businesses and a practical approach, we prepare freedom-to-operate opinions, draft Notices of Allegation, and craft commercially-favourable settlements, cross-licensing arrangements, and other agreements.

The Bennett Jones intellectual property litigation team also advises in the life sciences regulatory space on issues pertaining to drugs, biologics, medical devices, food, cosmetics and legal cannabis.

,,We are impressed with their ability to distil issues understandably.,,

Chambers

Client Work

Alexa Translations
in its trademark infringement action against Amazon.com and affiliates relating to Amazon's use of trademarks comprising the word Alexa
Amgen
in patent litigation brought by Alexion Pharmaceuticals, and in related patent impeachment proceedings, relating to SOLIRIS® (eculizumab)
ATCO
in their technology transactions and matters, including their enterprise resource planning (ERP) technology, licensing and intellectual property mandates
Awesense Wireless
in its successful defence of a patent infringement action relating to the use of electricity consumption monitoring devices and software
Beam Suntory
as IP prosecution and litigation counsel in Canada
Boart Longyear
in Federal Court litigation relating to patents on core orientation devices used in exploration mining
Canadian Natural Resources
in a patent infringement/patent validity lawsuit by Maoz Betser-Zilevitch (T-630-18 and T-919-21)
Equitable Bank
on a motion to amend pleadings (Scammell v Equitable Bank, 2024 FC 1654)
Equitable Bank
in a patent infringement action brought by Verify Smart (T-760-21)
Gateway Casinos
on its branding portfolio in Canada
Globaltech
in its patent infringement action against Reflex Instrument North America and Imdex
Hydropool
in its global intellectual property strategy and risk management, including global IP filing strategies, and global brand enforcement filings and risk analysis
Munchkin
in its defence of a complex patent infringement action relating to the supply of diaper pail refills
Alberta Minister of Health
in a matter before the Federal Court, in patent litigation pertaining to Electronic Health Records (T-1592-21)
Auro Pharma
in navigating the Patent Act and Patented Medicines (Notice of Compliance) Regulations to get drugs to market
Hendley
in the dismissal of a precedent-setting copyright action regarding The Black Donnelleys and whether copyright attaches to facts Winkler v Hendley
Enviro-Pro Geosynthetics
in successfully defending against a patent infringement action commenced by Tensar
Amgen
in the first ever patent infringement/patent validity trial and appeal under the new Patented Medicines (Notice of Compliance) Regulations
Ferrero
in multiple trademark disputes
Craig Proctor IP Holdings
in a copyright infringement application (T-1061-22)
Venngage
in a copyright infringement action before the Federal Court of Canada (T-1731-21)
Regional Municipality of Wood Buffalo
in a patent dispute by John Baker (T-1203-16)
Jet Cut Abandonments and Innovative Well Abandonment
in patent infringement suits by Nuwave Industries (AB KB file nos 2102-05652 and 2101-05061)
Vejii
in a trademark infringement proceeding

Recognitions

Chambers Global
Band 3, Intellectual Property Litigation
IAM Patent 1000
Ranked, Litigation
Canadian Legal Lexpert Directory
Consistently Recommended, Litigation - Intellectual Property (Toronto)
Chambers Canada
Ranked, Intellectual Property Litigation
Hussey Dominique

Dominique T. Hussey

Chief Executive Officer  •   Co-Head of Innovation, Technology & Branding Practice

At the centre of market-shaping deals and high-stakes disputes, Bennett Jones delivers clarity, strategy and results. Our cross-border teams turn complexity into progress, always focused on what drives your success.

Your Guide to Legal Solutions: Intellectual Property Litigation

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The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.