Cases


Counsel to Wyeth and Pfizer in a patent infringement and impeachment action related to biologic vaccines against meningitis serotype B infection.


Counsel for IBM in a passing off action relating to IBM’s cloud computing services and technologies.


Counsel to the defendant in a proceeding relating to the sale of food products containing the plaintiff's trademark.  Successfully opposed an interlocutory injunction to restrain the sales of those products.


Counsel for Valeant in a proceeding pursuant to the PM(NOC) Regulations relating to Sublinox (zolpidem), a medication used to treat insomnia.


Counsel to Venngo in an appeal of a decision relating to trademark infringement and passing off.


Counsel for the Kennedy Trust and Janssen in a patent impeachment and infringement action related to Remicade (infliximab), a biologic treatment for rheumatoid arthritis.  This was the first patent infringement action in Canada relating to a Subsequent Entry Biologic (a generic version of a biologic drug, also referred to as a biosimilar).


Counsel for the Kennedy Trust in a patent dispute. In the first unanimous five-judge decision of the Federal Court of Appeal, successfully argued that the standard of review applicable to the decisions of Prothonotaries should be in accordance with Housen v Nikolaisen, overturning a long line of prior authority.


Counsel to Janssen in a patent impeachment and infringement action relating to Velcade (bortezomib), a product used to treat certain cancers.


Counsel to Janssen and the Kennedy Trust for Rheumatology Research in a judicial review application relating to the PM(NOC) Regulations and Health Canada's policies regarding Administrative New Drug Submissions.


Counsel to Google in an appeal to the Supreme Court of Canada in a novel case regarding the limits to be placed on internet injunctions granted against non-parties.


Counsel for Janssen in proceedings under the PM(NOC) Regulations related to Remicade (infliximab), a biologic treatment for rheumatoid arthritis.


Counsel to Pfizer in an action for damages under section 8 of the PM(NOC) Regulations relating to Lyrica (pregabalin), a neuropathic pain drug.  The action proceeded to a five-week trial.


Counsel for Janssen in proceedings under the PM(NOC) Regulations relating to Prezista (darunavir), an HIV drug.


Counsel for Valeant in a proceeding pursuant to the PM(NOC) Regulations relating to Wellbutrin XL (bupropion), an antidepressant.


Prohibition application under the PM(NOC) Regulations relating to Prezista (darunavir), an HIV drug. 


Counsel to Pfizer in an action for damages under section 8 of the PM(NOC) Regulations relating to Lyrica (pregabalin), a neuropathic pain drug.


Counsel in a copyright infringement trial relating to fine art.


Counsel for Janssen in proceedings under the PM(NOC) Regulations relating to Tri-Cyclen Lo (norgestimate), an oral contraceptive.


Counsel to OLG in patent infringement action relating to responsible gaming technology on the internet.


Counsel for Google in copyright case relating to image search.


Counsel for Janssen in a patent infringement action relating to Stelara (ustikinumab), a monoclonal antibody product for use in the treatment of psoriasis, among other indications.  This was the first patent infringement trial in Canada relating to a biologic drug.


Counsel for Valeant in a proceeding pursuant to the PM(NOC) Regulations relating to Wellbutrin XL (bupropion), an antidepressant.


Counsel in a damages trial and appeal arising from failure to pay a maintenance fee on a US patent.


Counsel in a proceeding under the PM(NOC) Regulations relating to a drug for type 2 diabetes mellitus.


Counsel in a judicial review of a decision of the Commissioner of Patents regarding non-payment of maintenance fees.


Counsel in a judicial review application of the Tariff 22A decision of the Copyright Board relating to online music services.


Counsel to the defendants in an action for patent and trademark infringement and violations of the Competition Act.


Counsel in proceedings under the PM(NOC) Regulations relating to an osteoporosis drug.


Counsel in interlocutory proceedings in a patent appeal relating to coronary stents.


Counsel in a motion to stay an Ontario action pending Federal Court proceedings.


Counsel to defendant, Bristol-Myers Squibb, in jurisdiction and forum motions regarding settlement of New York patent litigation.


Counsel to The Weinstein Company LLC in Saskatchewan copyright infringement action relating to the sequel rights for "Crouching Tiger, Hidden Dragon".


Counsel in an action for trademark infringement.  Successfully obtained summary judgment in the Federal Court removing corporate officers and employees from trademark infringement action.


Counsel to McDonald's in a successful defence at trial of claim alleging breach of the trade-mark "Chicken Grill" and loss of goodwill. First Canadian decision addressing concept of "reverse confusion".


Counsel in a judicial review of the Minister's decision not to list Apo-citalopram as interchangeable with Lundbeck's citalopram-containing pharmaceutical product and the listing of Genpharm's Gen-citalopram on Ontario's Drug Benefit Index.


Counsel in a trial to set aside a judgment based on allegations of fraud of Lubrizol and an expert witness.


Counsel to Canwest Publishing, Inc. in Canadian class proceeding in which plaintiffs alleged copyright infringement in respect of all electronic news and journalistic published content. Successfully resolved proceeding and coordinated first certification for settlement approval and settlement approval of a Canadian class proceeding within the context of an ongoing CCAA proceeding.


Counsel for Janssen in proceedings under the PM(NOC) Regulations relating to Tri-Cyclen Lo (norgestimate), an oral contraceptive.