PATENTS
LITIGATION EXPERIENCE
SELECTED APPEARANCES FROM
40 TRIALS
Bombardier Recreational Products Inc v Arctic Cat Inc (2017) FC 207 and 2020 FC 691 (snowmobile)
Pollard Banknote v Scientific Games (2016) FC 883 (instant lottery tickets)
SNF v Ciba and BASF (2015) FC 997 (process of treating tailings)
The Dow Chemical Company v Nova Chemicals (2014) FC 326 (polyethylene)
J&J v Boston Scientific (2008) 71 C.P.R (4th) 123
(coronary stent)Whirlpool Corp v General Electric Co (1998), 76 C.P.R. (3d) 150 (washing machine)
AT&T Technologies Inc v Mitel Corp (1989), 26 C.P.R. (3d) 238 (transistor)
Windsurfing v Trilantic (1985), 3 C.P.R. (3d) 95
(windsurfer)Teledyne Industries v Lido (1983), 68 C.P.R. (2d) 204 (showerhead)
Scott Paper Co v 3M (1981), 53 C.P.R. (2d) 26
(lithography)Procter & Gamble v Calgon (1981), 56 C.P.R. (2d) 214 (clothes softener sheet)
Xerox Canada v IBM Canada (1978), 33 C.P.R. (2d) 24 (photocopier)
APPEARANCES IN THE
SUPREME COURT OF CANADA
Whirlpool v Camco (General Electric) [2000] 2 S.C.R. 1067
One of the two seminal cases on patent claim construction in Canada.
EXPERT EVIDENCE
Commonwealth of Australia v Sanofi-Aventis (NSD1639/2007)
Delivered an expert report in August, 2017 to Counsel for Sanofi-Aventis in the Federal Court of Australia on entitlement to remedies for patent infringement in Canada relating to a claim for damages by Australia as a result of being delayed from listing a generic drug on its formulary due to interlocutory injunction that was ultimately set aside.
Apotex Corp v Kyorin Pharmaceutical Co, Ltd, and Allergan, Inc (U.S.D.C. for the District of Delaware – 12-cv-196 SLR)
Delivered an expert report in Q1 2017 to American law firm Gibson Dunn (Counsel for the defendant, Allergan) and gave deposition in Q2 2017 concerning the enforcement of Canadian patents and related aspects of the Canadian system for the market approval of pharmaceutical drug products, as related to the medicine ZYMAR (gatifloxacin).
Eli Lilly v Government of Canada (Arbitration pursuant to Chapter 11, NAFTA)
Delivered two expert reports and gave testimony at Arbitration in Washington DC in May and June 2016 on patent law and practice in Canada.
Apotex Pty Ltd v Sanofi-Aventis (NSD1639/2007 New South Wales – Federal Court of Australia)
Delivered an expert report to the Australian law firm, Allens Linklater, who were acting for Sanofi on the remedies available under Canadian patent law to a patentee whose Canadian patent is infringed, particularly in the context of the Canadian clopidogrel litigation between Sanofi and Apotex.
Eli Lilly Canada Inc, et al v Novopharm Limited
(Federal Court File No. T-1048-07)
Delivered an expert affidavit to counsel for Eli Lilly on procedural timing under the Federal Courts Rules as it related to the existing proceedings in the patent infringement action concerning olanzapine.
Teva Canada Limited v Novartis AG
(Federal Court File No. T-2021-10)
Delivered an expert affidavit counsel for Novartis on the implications of various procedural options in a patent impeachment action related to imatinib mesylate.
Sanofi-Aventis, Sanofi-Synthelabo Inc, Bristol-Myers Squibb Company and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v Apotex Inc and Apotex Corp (U.S.D.C. of Southern New York – 02-CV-2255)
Delivered an expert report to American law firm Cravath, Swaine & Moore LLP (Sanofi's counsel) on the “preclusive effect” of a decision under the Patented Medicines (Notice of Compliance) Regulations on later proceedings.
Apotex v Sanofi-Aventis, Sanofi-Synthelabo Inc, Bristol-Myers Squibb Company and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership (Ontario Superior Court File No. 07-CV-331399PD2)
Delivered an expert report to counsel for Bristol-Myers Squibb and Sanofi, explaining the Patented Medicines (Notice of Compliance) Regulations and its procedures and practice in Canada.
Cellularvision Technology & Telecommunications, LP, v WIC Amalco, Inc, Canwest Global Communications Corp and Shaw Communications Inc,
(U.S.D.C. Southern District of New Year - 01-CV-4094 (RC) (DFE)
Delivered an expert affidavit to counsel for the defendants on patent claim construction and infringement in Canada.
Schlumberger Technology Corporation and Schlumberger Canada Limited v Baker Hughes Incorporated (American Arbitration Association Case No. 50198T0011810)
Delivered an expert affidavit to Baker & McKenzie LLP on patent law and practice in Canada.
Patent Lectures and Editorial Appointments
Lecturer in LL.M. program for Osgoode Hall Law School of York University (Intellectual Property Remedies), tri-annually
(1998-2016)Lecturer in Guest Speaker Series in Patents at Osgoode Hall Law School on “Patent Specifications, Claim Construction and Patent Infringement”, annually
(2003-2021)Lecturer in LL.B. program for Queen’s University Law School (Advanced Patents), autumn semester, 2000
PATENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
Dimock, Ronald E., (Editor in Chief) Intellectual Property – Disputes, Resolutions and Remedies, Carswell, Thomson Reuters (5 Volume – loose leaf – updated quarterly), including chapters on Patents, Damages, Profits, and Injunctions (2002 to present)
Annual Fordham IP Conference- “Patent Litigation" (Panelist) - April 2022
Annual Fordham IP Conference- “What Keeps the Doctrine Away” (Speaker)- April 2021
FCBA – Moderator - The Evolution of the Doctrine of Equivalents (or not) – January 2021
IPIC - Protection Against Infringement of Patents in Canada CIPR (2021) Vol. 36 at 58
"Patent Litigation in Canada," chapter in Anatomy of a Patent Case, Complex Litigation Committee of the American College of Trial Lawyers, Bloomberg BNA (contributor), 2016 updated 2020
“What about the promise and Inventive Concept of the Patent?”, Federal Court / National Judicial Institute Montreal, September 19, 2018 (panellist)
“Patent Litigation in Canada”, Federal Circuit Bar Association Global Series Washington DC, April 19, 2018 (panellist)
“Mistakes Made at Trial” Ontario Bar Association, Toronto, March 1, 2018 (panellist)
“IP Litigation in Canada” Life Sciences Intellectual Property Review 2017
“The Cost-Effectiveness of Patent Litigation in Canada”, Patents Expert Guide, Legal Media Group Euromoney 2017
“The new PMNOC Regime and What about the Promise of the Patent”, Federal Court / National Judicial Institute, Mont Tremblant, September 27, 2017 (panellist)
"The impact of Competition Law in mediation of patent disputes,” Canadian Corporate Counsel Association (CCCA), November 2015
"All you ever wanted to know about IP before calling an IP lawyer," Lexology, November 2015
“Patents – IT CAN Annual Meeting”, October 26, 2015 (speaker)
"Seven benefits of arbitration in a patent dispute," Law 360, August 2015
“Patent Law Update” for CIPO examiners, CIPO, Ottawa, May 26, 2015 (co-presenter)
“2014 Patent Law Update” for webinar, IPIC, February 25, 2015 (panellist)
“Patent Primer” – National Judicial Institute Joint Federal Court of Appeal and Federal Court Education Seminar on Intellectual Property Conference - Mont Tremblant, Quebec - October 1, 2014 (speaker)
“Arbitration of IP - not an unsettling matter”, IPIC webinar, Toronto – September 11, 2014 (panellist)
“Working with Expert Witnesses” - Advocates Society – May 28, 2014 (panellist)
“Patent Litigation in Canada” - Trade, Intellectual Property and Recovering Economies: A search for best Practices, The Federal Circuit Bar Association, Washington, May 23, 2014 (panellist)
“Patent Law Update” for CIPO examiners, CIPO, Ottawa, April 16, 2014 (co-presenter)
“IP Trial Lessons Learned” – Toronto Intellectual Property Group – Toronto, Ontario – February 19, 2014 (speaker)
“2014 Patent Law Update” for webinar, IPIC, February 13, 2014 (panellist)
"The Views from the Court", Trade, Intellectual Property and Recovering Economies: A search for best practices, The Federal Circuit Bar Association, Toronto, September 2013 (moderator of judicial panel)
“Patent Law Update” for CIPO examiners, CIPO, Ottawa, April 10, 2013 (co-presenter)
“2013 Patent Law Update” for webinar, IPIC, February 20, 2013 (speaker)
“17th Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, January 10, 2013 (guest speaker)
“IP and Antitrust: Balancing the Tension”, 2012 Annual Competition Law Fall Conference, CBA, Gatineau, September 20-21, 2012 (panellist)
“Patent Law Update” for CIPO examiners, CIPO, Ottawa, April 30, 2012 (co-presenter)
“2012 Patent Law Update” for webinar, IPIC, February 24, 2012 (panellist)
“16th Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, January 12, 2012 (guest speaker)
“10th Annual Forum on Pharma Patents – Predicting and Preparing for Patent Challenges for Obviousness and Anticipation”, Canadian Institute, Toronto, October 26, 2011 (speaker)
“Patent Law Update” for CIPO examiners, CIPO, Ottawa, May 31, 2011 (co-presenter)
“2011 Patent Law Update” for webinar, IPIC, March 23, 2011 (moderator)
“15th Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, January 13, 2011 (guest speaker)
“Remedies for Infringement of Canadian Patents”, 2011 Guide to the World’s Leading Patent Law Practitioners, Euromoney Trading Limited, December 2010
“Patent Law Update” for CIPO examiners, CIPO, Ottawa, June 21, 2010 (co-presenter)
“Patent Law Update” for webinar entitled “2010 Year-in-Review”, IPIC, April 29, 2010 (co-author)
“14th Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, January 14, 2010 (guest speaker)
Mediation of Intellectual Property Disputes, LES Luncheon, Toronto, November 26, 2009 (speaker)
“Data Protection”, Second International Conference on Intellectual Property, The College for Magistrates and Judges of the Federal Judiciary, the Mexican Institute of Industrial Property and the National Copyright Institute, Monterrey, Mexico, March 25, 2009 (panelist)
“13th Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, January 15, 2009 (guest speaker)
“Winning with Experts: Issues, Trends and Tactics”, The Advocates’ Society, Toronto, December 11, 2008 (speaker)
“Advocacy Before the Federal Court in Intellectual Property Matters – Expert Witnesses”, Canadian Bar Association, Ottawa, May 8, 2008 (speaker)
“12th Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, January 17, 2008 (panelist)
“Intellectual Property Law Primer: Focus on Patent Law”, Law Society of Upper Canada, , Toronto, September 18, 2007 (speaker)
“Patent Law – Then and Now”, Institute for the History and Philosophy of Science and Technology Victoria College, University of Toronto, Toronto, March 5, 2007 (speaker)
“Managing Intellectual Property Disputes and Litigation”, The New Intellectual Property Economy, Toronto, June 16, 2006 (panelist)
“What Business Executives Must Know about IP Litigation”, LES Annual Meeting, Phoenix, Arizona, October 18, 2005 (speaker/panelist)
“IP Law Before the Supreme Court of Canada”, IPIC Annual Meeting, Mont. Tremblant, Quebec, October 14, 2005 (speaker/panelist)
“Federal Court and Federal Court of Appeal Education Seminar: Intellectual Property”, - National Judicial Institute - Ottawa, Ontario, April 22, 2005 (lecturer)
“Current Case Law: The Latest Patent Cases”, 4th Annual Drug Patents, Insight Information Co., Toronto, Ontario, March 31, 2005 (speaker)
“9th Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, Ontario, January 13, 2005 (panelist).
“Roundtable: Tips and Techniques for Protecting or Attacking Pharma Patents Now”, 3rd Annual Forum Pharma Patents the Legal and Strategic Guide, The Canadian Institute, Toronto, Ontario, November 9-10, 2004 (panelist)
“Eighth Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, Ontario, January 15, 2004 (panelist)
“Do Patent Litigation Lawyers Need A Science or Engineering Background?”, Fall 2003 IPLLL Event, Court Practices Committee of the Canadian Bar Association, Toronto, Ontario, November 18, 2003 (moderator)
“Intellectual Property – Damages and Profits”, The Fifth Annual Investigative and Forensic Accounting, CICA, Toronto, October 27-28, 2003 (co-participant)
“The Intellectual Property Alternative Dispute Resolution Symposium – Skills Development- Mediation”, CLE Conference, Canadian Bar Association, Ottawa, October 9, 2003 (panelist)
“The Realsearch v. Brunette Decision: Are Markman Hearings Coming to Canada”, IPIC Annual Meeting, Halifax, September 18-20, 2003 (co-speaker)
“Advocacy in the Federal Court of Appeal”, Canadian Bar Association, National Section on Intellectual Property, Ottawa, Ontario, May 15, 2003 (speaker)
“Are the Drug Cases Choking the Federal Court?”, First IPLLL Event, Court Practices Committee of the Canadian Bar Association, Toronto, Ontario, April 10, 2003 (moderator)
“Seventh Annual Intellectual Property Law, The Year in Review”, Law Society of Upper Canada, Toronto, Ontario, January 16, 2003 (panelist)
“Patent Claim Construction”, National Judicial Institute, Montebello Quebec, 2003 (speaker)
“International Patent Enforcement: Enforcing Patents in a Global Economy”, DuPont’s 16th Annual CLE Intellectual Property Law Seminar, Wilmington, Delaware, October 21-22, 2002 (speaker)
“The Patenting of Software and Business Methods in Canada”, Canadian IT Law Association, First Annual (Western) IT Law Spring Training Program, Vancouver, May 15, 2002
“Serendipity and Enforceability”, Georgian Triangle Lifelong Learning Institute, Collingwood, May 10, 2002 (participant)
“History of Patent Law”, University of Toronto, Toronto, March 25, 2002
“Accounting Expert Witness Testimony or Quantified by the Qualified”, The Canadian Institute of Chartered Accountants, Alliance for Excellence in Investigative and Forensic Accounting, 2001 Conference, Toronto, October 11-12, 2001
“IP Due Diligence”, Law Society of Upper Canada, New Directions in Mergers and Acquisitions, Toronto, September 20, 2001
“Patent Practice Update”, Infonex, Toronto, June 18, 2001 (course chair)
“A Spin on Whirlpool or Keep on Washing in the Free World”, Toronto IP Informals Group, April 25, 2001
“Dealing with Expert Evidence”, The Advocates’ Society 2001 Courthouse Series, March 24, 2001 (participant, organizer and co-chair)
“Claim Construction before Trial: A Spin on Whirlpool & Free World Trust”, Intellectual Property Journal, Federated Press, 2001
“Civility in Practice”, The Advocates’ Society, Toronto, October 31, 2000 (panelist)
“How to Conduct a Patent Trial”, York University, Osgoode Hall, Toronto, May 11-12, 2000 (chair of program)
Remedies for Intellectual Property Infringement “How do you spell relief?”, Intellectual Property Institute of Canada, Mid-winter Meeting, Ottawa, March 20, 2000
“Coping with the Unexpected”, The Advocates’ Society 2000 Courthouse Series, February 17, 2000 (participant, organizer and co-chair)
“Privilege and Patent Agency Practice in Canada”, Canadian Intellectual Property Review, Volume 16, No. 1, September 1999, 107
“Patent Infringement Relief - Comic or Otherwise” - No. 2 (1999), Canadian Intellectual Property Review, Volume 16, No. 1, September 1999, 1
“Intellectual Property Year in Review - 1998”, Law Society of Upper Canada, Toronto and Ottawa, Ontario, January 24 and 30, 1999 (chair)
“Privilege in Patent Matters”, FICPI Canadian Group, Bromont Quebec Meeting, February 19, 1999
“Preventing Disclosure in Commercial Litigation Through the Claim of Privilege or the “Unopen and Shut” Case of Privilege”, Federated Press, October 27, 1998
“The Comic Side of IP Trials” - Luncheon Speaker, Patent and Trademark Institute of Canada Annual Meeting, St. John’s, Newfoundland, October 1998
“Aggressive Patent Enforcement”, ABA Annual Meeting, Toronto, Ontario, August 3, 1998
“Intellectual Property Year in Review - 1997”, Law Society of Upper Canada, Toronto, Ontario, January 23, 1998 (chair)
“Privilege in Intellectual Property”, Patent Informals Group, Toronto, Ontario, January 15, 1998
“The New Rules of the Federal Court”, Intellectual Property Journal, Federated Press, 1998
“Accounting of Profits”, Intellectual Property Journal, Federated Press, 1997
“Patent and Trade-mark Litigation”, Canadian Institute, Toronto, Ontario, October 5 and 6, 1995
“Intellectual Property Litigation - Before and After NAFTA”, Patent and Trademark Institute of Canada - New York Intellectual Property Lawyers Association Joint Meeting, Lake George, New York, October 8, 1994
“Pharmaceutical Patent Litigation”, Canadian Institute, Ottawa, Ontario, September 30, 1994 (moderator)
“Intellectual Property Licensing - Remedies & Disputes” or “Breaking Up is Hard To Do”, Canadian Institute, Toronto, Ontario, May 31, 1994
“Enforcing Intellectual Property Rights in Canada”, LES Ottawa, Ontario, April 26, 1994
“Intellectual Property Law Opinions”, Canadian Institute, Toronto, Ontario, March 2, 1994
"Mock Patent Binding Arbitration Hearing", Patent and Trade-mark Institute of Canada Annual Meeting, Montreal, Quebec, October 14, 1993 (moderator)
"Patent Litigation - Effective Management of a Patent Trial from Beginning to End, Canadian Institute, Toronto, Ontario, June 22, 1993
"Mock Patent Trial", Canadian Institute, Toronto, Ontario, June 22, 1993 (moderator)
"Patent Anticipation or What's New Patent Act?"; Canadian National Judicial Institute, Ottawa, Ontario, February 4, 1993
"Intellectual Property Interlocutory Injunctions"; Canadian Bar Association (Ontario), November, 26, 1992
“Patent Litigation, A review of the Windsurfing patent litigation", Canadian Institute, Toronto, Ontario, October 21, 1992
"A Decade of Development in Canadian Intellectual Property Litigation", Licensing Executive Society, Monterey, California, April 24, 1992
"The Effect of NAFTA in Intellectual Property", American Bar Association, New York, New York, April 10, 1992
"Patent Law Developments", Business and the Law, April 1992
"Patent Litigation - A History and Introduction", Canadian Institute, Toronto, Ontario, March 31, 1992
"Patent Litigation Seminar", Canadian Institute, Toronto, Ontario, March 21, 1992 (chair)
"Damages/Profits in Intellectual Property Litigation", Canadian Bar Association, Ottawa, Ontario, March 5, 1992
"Patent Litigation, An Introduction", Canadian Institute, Toronto, Ontario, February 26, 1992
"Recent Developments - Intellectual Property - Canada", American Bar Association (ABA), Patent and Trademark Newsletter, February 1992
"Patents of Invention", Bedford Park Public School, January 28, 1992
"Intellectual Property Litigation in Canada", American Intellectual Property Law Association (AIPLA) Selected Papers, December 1991
"New Federal Court Rules Seminar", Canadian Bar Association, November 1990 (panelist)
"Intellectual Property Litigation in Canada", American Intellectual Property Law Association, Annual Meeting, Washington, D.C., October 18, 1991
"Patent Infringement Relief - Comic or Otherwise - No. 1 (1989), 5 Can. Intellectual Property Review 315
"New Procedures Concerning Production of Documents and Examination for Discovery", The Law Society of Upper Canada, Dept. of Education, Federal Court Practice, November 25, 1988
"Patent Infringement Relief - Comic or Otherwise - No. 1", PTIC Annual Meeting, St. Jovite, Quebec, September 30, 1988
"Patents, Litigation and Licensing", Young Lawyers Division Canadian Bar Association Intellectual Property, November 12, 1983
"Section 58 Patent Act - Recent Developments in its Interpretation", Mid-Winter Meeting, PTIC, Ottawa, Ontario, March 1982
"Section 58 - Patent Act - Recent Developments - Its Interpretation", PTIC Bulletin, Series, Vol. 15, May 1982
ACCOLADES FOR PATENT LITIGATION
Ron Dimock is a go-to patent litigator and an all-around superstar”
- IP litigation - Who’s Who Legal (2020)
The “Dean of the Patent Bar”
- Who’s Who Patents (2013)
“Ron might actually be the most experienced patent trial lawyer in the country.”
- IAM Patent 1000 (2018)
Inducted into LMG Hall of Fame for Life Sciences Lawyers
- September 2018
“Chairman of the Board for Canadian Patent Lawyers.”
- IAM Patent 1000
“Ron Dimock at Gowling WLG is an all-round superstar in IP litigation with a strong record of representing clients before all levels of the Canadian Courts”
- Patents Who’s Who Legal 2021
“The firm (Gowlings) also brought on gold-ranked Ronald Dimock from DLA Piper, who knows everything there is to know about patent law after four decades of litigating before the Federal and Supreme Courts”
– IAM Patents (2020)
Ron Dimock (most highly regarded) receives high praise from market commentators this year, who describe him as “certainly at the top of the patent game” and as “a pre-eminent patent lawyer in the market.”
- Patents Who’s Who Legal - 2019
“Ron Dimock ranks among the elite practitioners in the North American market, having litigated in more than 400 patent disputes over the course of his career.”
- Who’s Who Legal - 2018
“Clients are effusive in their praise of Ronald Dimock: "In the realm of IP attorneys, he's a little bit of a rock star." They add: "He does not play down anything. You understand where he's coming from." He is deeply experienced before all levels of court in Canada and is regularly involved in high-profile litigious IP matters.”
- Star Ranking - Chambers Canada Guide - 2017
“Peers refer to Ron Dimock as one of the “shrewdest” patent litigators in the business, commend him as an “excellent” practitioner, and add “he is one of the most experienced IP litigators in Canada.”
- Managing Intellectual Property - IP Star - 2016
“The “just outstanding” Ronald Dimock is regularly seen on prominent patent litigation cases, offering clients over 40 years of experience.”
- Who’s Who Legal Canada - 2016
“Patent litigation "heavyweight" Ron Dimock "a tremendous litigator", with peers particularly admiring "his impressive client-handling skills". Ronald Dimock is a patents disputes specialist, with experience in mediation, litigation and arbitration. He is a “highflyer" and a "first rate disputes lawyer".
- Who’s Who - 2015