Torys LLP
Toronto416.865.0040 New York212.880.6000
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Practice Areas and Industry Groups

Technology Litigation 

Torys has a leading technology litigation practice, with significant expertise in handling disputes in all sectors of the IT industry. We act for a wide variety of clients, including hardware and software developers and consumers, licensees and licensors, rights holders, Internet providers, media and entertainment companies, IT professionals and others.

A major part of our litigation practice involves disputes involving technology, including those related to licenses, development agreements, intellectual property, online contracting, internet copyright, source-code appropriation, digital trademarks, domain names, online defamation, products liability, privacy, non-competition, fiduciary duties and other obligations as they relate to the technology and media industries.

We bring a practical and strategic approach to litigation, and make extensive use of arbitration and mediation when appropriate.

Recently, we have been involved in

  • defending the world’s largest ticket services company in proposed class actions brought in multiple Canadian jurisdictions that relate to the sales of tickets over the internet
  • acting for a leading Canadian manufacturer asserting claims that current and former employees had stolen and misused confidential technology belonging to the company
  • representing a large multinational corporation in several arbitration proceedings under the Ontario International Commercial Arbitration Act involving claims for breach of a software development and licensing agreement, copyright infringement and breach of confidence
  • defending a North American manufacturing company against claims that it had misused computer source code, hardware designs and other confidential technology
  • acting for one of the world’s largest information technology companies in disputes involving software licensing and alleged patent infringement
  • defending The Globe and Mail and The Thomson Corporation before the Supreme Court of Canada in a class action concerning the relationship between electronic publishing and digital copyright
  • litigation arising from systems development in the financial services sector
  • licensing disputes concerning consumer processing and investment portfolio management software
  • an Internet service provider in a case that concerned music downloading
  • the defence of claims of software copying and misuse of confidential information against a Canadian financial services company and its U.S. parent
  • a domain name dispute for a major Canadian telecommunications provider
  • a wide range of Internet business disputes and commercial and technology disputes involving a variety of technology, communications and media businesses
  • patent litigation in the financial services, consumer goods and construction industries
  • claims regarding a range of privacy issues arising from the use of technology

Publications

Canadian Court Clarifies Limits of Internet Anonymity
Technology and Communications Bulletin
May 6, 2010

Patentability of Business Methods: U.S. Court Decides Bilski
Intellectual Property Bulletin
October 31, 2008

U.S. Employers May Need to Revise Their Computer and Internet Policies
Litigation and Dispute Resolution Bulletin
June 24, 2008