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in its trademark infringement action against Amazon.com and affiliates relating to Amazon's use of trademarks comprising the word Alexa

in patent litigation brought by Alexion Pharmaceuticals, and in related patent impeachment proceedings, relating to SOLIRIS® (eculizumab)

in their technology transactions and matters, including their enterprise resource planning (ERP) technology, licensing and intellectual property mandates

in its successful defence of a patent infringement action relating to the use of electricity consumption monitoring devices and software

as IP prosecution and litigation counsel in Canada

in Federal Court litigation relating to patents on core orientation devices used in exploration mining

in a patent infringement/patent validity lawsuit by Maoz Betser-Zilevitch (T-630-18 and T-919-21)

on a motion to amend pleadings (Scammell v Equitable Bank, 2024 FC 1654)

in a patent infringement action brought by Verify Smart (T-760-21)

in its patent infringement action against Reflex Instrument North America and Imdex

in its global intellectual property strategy and risk management, including global IP filing strategies, and global brand enforcement filings and risk analysis

in its defence of a complex patent infringement action relating to the supply of diaper pail refills

in a matter before the Federal Court, in patent litigation pertaining to Electronic Health Records (T-1592-21)

in navigating the Patent Act and Patented Medicines (Notice of Compliance) Regulations to get drugs to market

in the dismissal of a precedent-setting copyright action regarding The Black Donnelleys and whether copyright attaches to facts Winkler v Hendley

in successfully defending against a patent infringement action commenced by Tensar

in the first ever patent infringement/patent validity trial and appeal under the new Patented Medicines (Notice of Compliance) Regulations

in a copyright infringement application (T-1061-22)

in a copyright infringement action before the Federal Court of Canada (T-1731-21)

in a patent dispute by John Baker (T-1203-16)

in patent infringement suits by Nuwave Industries (AB KB file nos 2102-05652 and 2101-05061)

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Consistently Recommended, Litigation - Intellectual Property (Toronto)

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

David Wainer

Commercial Transactions Lawyer at Bennett Jones Calgary

Associate

The Office of the Information and Privacy Commissioner of Alberta (the OIPC) recently issued a report (the Report) summarizing the OIPC's recommendations for a framework to regulate the use of artificial intelligence (AI) in Alberta. While these recommendations are not yet law, organizations should consider their potential impact.

Alberta OIPC Issues Report Regarding Responsible AI Governance

Tyler McDonough

Commercial Litigation Lawyer at Bennett Jones Calgary

Kassandra Devolin

On December 22, 2023, the Court of King's Bench issued a Notice to the Profession setting out the procedure for adjudicating a civil action by a new process known as a “streamlined trial”, which replaces the old and under-utilized summary trial procedure.

Keeping It Not So Simple Streamlined Trials in Alberta

Keeping It (Not So) Simple: Streamlined Trials in Alberta

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Partner

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

The world of intellectual property (IP) underwent some significant transformations this summer, with recent changes from the US Federal Circuit and the Canadian Intellectual Property Office reshaping the landscape of design patent law. These updates reflect a broader trend towards more flexible and inclusive IP protection, ensuring that innovators can better safeguard their relative designs.

A Landmark Summer for Design Patent Law

Vincent M. de Grandpré

Intellectual Property Litigation and Strategy Lawyer at Bennett Jones Toronto

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits linked to the infringement, unless the defendant shows why the court should not award this remedy. The Court of Appeal also reiterated that a permanent injunction is the expected remedy flowing from the infringement of a Canadian patent, even where the patented invention forms only a small part of the relevant commercial product, and even when the patentee is in the business of licensing, rather than practicing, its invention in Canada.

Canadian Patentees are Presumptively Entitled to  the Remedies of an Accounting of Profits

Canadian Patentees are Presumptively Entitled to  the Remedies of an Accounting of Profits and a Permanent Injunction

The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial.

Court of Kings Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution Whats Next

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What's Next?

Shelby Morrison

Commercial Litigation Lawyer at Bennett Jones Toronto

Ana Nizharadze

In intellectual property cases, parties often agree to split their proceeding between liability and subsequent quantification phases if they believe that a "bifurcation" would simplify the litigation. Bifurcation is justified when it is likely to reduce the complexity of the action and streamline an eventual damages assessment. The courts have held that bifurcation is not justified, however, when its sole rationale is the alleged lack of merit of claims or defences.

Intellectual Property Litigation

Overview

Key Contacts


Bennett Jones 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 Contacts Dominique T. HusseyChief Executive Officer Overview Key Contacts Dominique T. Hussey, Chief Executive Officer • Co-Head of Innovation, Technology & Branding Practice Toronto • 416.777.6230 • husseyd@bennettjones.com