Torys LLP
Toronto416.865.0040 New York212.880.6000 Calgary403.776.3700

Practice Areas and Industry Groups

Intellectual Property Litigation 

Torys has been counsel on all types of intellectual property disputes for more than three decades. We appear before all levels of courts, intellectual property tribunals and regulatory bodies as counsel at trial and on appeals, as well as on injunctions and other types of hearings. We bring to IP disputes the extensive trial, appellate and judicial review litigation expertise in our litigation and dispute resolution practice, communicating clearly and persuasively the complex issues that arise within the context of intellectual property.

Torys handles matters directly for ongoing clients and for clients who come to us specifically for intellectual property litigation. We also act as counsel to firms that limit their practice to intellectual property matters. We have a proven ability to handle complex and high-profile matters and to work seamlessly and efficiently with our clients and with lawyers in other jurisdictions. Torys' IP litigation lawyers are adept at employing our clients' technical specialists, and as necessary, supplementing those resources with leading, independent technical experts. We have expertise in the cross-border issues that are a part of many of today's IP disputes.

While we take pride as trial lawyers in our ability to prosecute or defend intellectual property cases, Torys is also effective in alternative means of dispute resolution, including arbitration, mediation and direct negotiation. Whatever the method of dispute resolution, we bring a practical, timely and commercial approach to intellectual property disputes.

Recent cases include

  • patent and trademark disputes, Patented Medicines (Notice of Compliance) proceedings and related regulatory proceedings concerning leading drug products for international and North American pharmaceutical, medical devices and agricultural chemical companies
  • patent disputes in relation to consumer products, telephone dialing technology, video games, drugs, reinforced commercial fabric, and a petroleum product
  • trademark and passing off disputes in various industries, including retail, life insurance, consumer entertainment products, fashion goods and professional sports
  • copyright disputes in the music publishing business, the drug industry, the software business, the consumer entertainment products industry, the financial services industry and the food industry
  • counterfeiting litigation in relation to leading consumer products
  • a patent infringement action damages reference related to a high-volume consumer product
  • class actions concerning electronic publishing rights
  • licensing disputes concerning electronic legal research products, consumer online transaction processing software, investment portfolio management software and a hit musical play
  • trade secrets and confidential information disputes in a variety of industries, from publishing to snack foods
  • a wide range of commercial and technology disputes in a variety of technology and biotechnology businesses
  • letters rogatory proceedings seeking evidence for patent and other intellectual property disputes in other jurisdictions

Publications

Canada Reconsiders Business Method Patents
Intellectual Property Bulletin
December 2, 2011

Canada's Federal Appeal Court Clarifies When Patents Can Be Invalidated
Intellectual Property Bulletin
July 25, 2011

Innovative Drugs Sold Under the Special Access Programme Can Receive Data Protection in Canada
Food and Drug Regulatory Bulletin
May 18, 2011


Primary Contacts

Toronto

Andrew Shaughnessy, Partner
416.865.8171 
Peter Wilcox, Partner
416.865.7327 

New York

Chris Caparelli, Associate
212.880.6268
Conferences and Events
Related Information