Intellectual Property Litigation

No other intellectual property firm in Canada can match our level of experience in intellectual property litigation. Our lawyers have had extensive IP trial experience, and have been involved in about one out of every four patent trials in Canada in the past 25 years.

Our litigation teams are structured to match each case in scale, complexity, and subject matter. We have represented clients across Canada in the Federal Courts, the Superior Court and Court of Appeal for Ontario, and the Supreme Court of Canada. Our clients range from charitable organizations to multinational corporations.

Wherever possible, our lawyers resolve our clients' cases without the need for trial. Our lawyers are experienced in mediation and other ADR proceedings, as well as having experience in applications for summary judgment, interlocutory injunctions, and administrative law remedies. Our goal in each case is the same: successful and efficient resolution of our client's dispute.

Patent litigation

Our lawyers have been counsel in cases that have become precedential on important patent law issues, including the remedies available to patentees, the proper test for patent infringement, and patent claim construction. We have represented clients in a wide range of technological fields, from recombinant DNA and transistors to wireless communication, software, and consumer products.

Our lawyers are accustomed to managing patent litigation of any size before the Canadian courts -- and getting cases to court quickly. For cases involving counterpart litigation in other countries, we coordinate with foreign counsel to ensure that the approach taken to patent enforcement or defence in Canada complements our client's global strategy.

> see a representative list of our patent cases

Patented Medicines (Notice of Compliance) and pharmaceutical litigation

Our pharmaceutical practice includes representation in the Federal Courts under the Patented Medicines (Notice of Compliance) Regulations. We recognize that time is of the essence for innovator and generic drug manufacturers alike, and provide prompt and timely advice in navigating Canada's pharmaceutical regime.

We also provide effective representation in patent infringement and validity actions for pharmaceutical clients. Our lawyers also provide infringement and validity opinions for drug-related patents.

> see a representative list of our PM(NOC) and pharmaceutical cases

Trade-mark and trade dress litigation

Dimock Stratton has established a name for itself in trade-mark litigation. Our lawyers have been counsel in important Canadian cases dealing with trade-mark functionality, cross-border reputation, and reverse confusion; we have represented clients known for their famous brands over a wide range of goods and services, including luxury cars, entertainment services, and everyday consumer products.

We have obtained interim and interlocutory injunctions for our clients to provide emergency relief against infringement pending trial, helping our clients protect their very reputation and name.

> see a representative list of our trade-mark and trade dress cases

Copyright, design, and trade secret (breach of confidence) litigation

Dimock Stratton's lawyers have handled copyright litigation for all types of works, including print and digital media, musical and artistic works, software and architectural plans. We have litigated issues at the forefront of Canadian copyright law, such as file-sharing and freelance authors' rights.

We also provide the same litigation experience in relation to industrial designs and trade secret and breach of confidence litigation. We have represented clients in cases involving interim and interlocutory injuctions, complex technology and employment relationships.

> see a representative list of our copyright, design, and trade secret cases