Intellectual Property

Overview

Osler is home to “a spectacular IP department.” Our top-ranked Intellectual Property team is renowned for its diverse strengths, including excellence in IP litigation; expertise and innovation in patent and trade-mark prosecution; portfolio advising and management; and unmatched experience in helping realize the value of IP portfolios in mergers, reorganizations and other business transactions.

Osler’s Intellectual Property team is also “one of the most sought-after teams in Canada for general IP litigation” – notably, two members of the team are among a select group of Canada’s “top cross-border litigators.” This international reputation for excellence in Canadian IP litigation has been built on our winning trial record representing some of the world’s largest generic pharmaceutical companies; technology, biotech, life science, electronics, consumer products, entertainment, sports, food services, franchise and many other international and domestic innovators in resolving their ongoing patent, copyright and trade-mark disputes in Canada. Clients, large and small, come to us initially for our deep legal knowledge, counsel and scientific and technical expertise, but they repeatedly recommend us to colleagues and other professionals because we offer the following:

  • Client Service Excellence: Unmatched responsiveness, accessibility and service.
  • Project Management: Meticulous and efficient management of matters.
  • Corporate Experience: The expertise of a core group of the IP team that spent years working in the corporate environment, which enhances our ability to provide practical, efficient advice and service.
  • IP Technology: Long-standing and continuing investment in IP technology, which allows us to respond accurately and rapidly to clients on all questions related to ongoing or historical matters.

Osler’s Intellectual Property Department offers IP expertise and service across a breadth of specialty areas, with significant expertise in areas as diverse as biotechnology; aeronautics; chemistry; and mechanical, chemical and software engineering. Ask us about:

Litigation

  • Appeals
  • Arbitration
  • ADR
  • Copyright litigation
  • PM(NOC)
  • Patent litigation
  • Settlement
  • Trade secret litigation
  • Trade-mark litigation
  • Trials

Patent, Copyright and Trade-mark Prosecution

  • Applications
  • Due diligence
  • Transactions involving IP
  • Licensing and other commercial services
  • Industrial design
  • Opinions
  • Patent portfolio management
  • Rights

Copyright and Trade-mark

  • Anti-counterfeiting
  • Anti-piracy
  • Domain name litigation and UDRPs
  • False advertising

The range of leading Canadian and international companies for which Osler secures IP protection and manages IP portfolios and/or represents in litigation proceedings include the following:

  • Air Products Canada, Ltd.
  • American Eagle Outfitters
  • Bayer Healthcare L.L.C.
  • Caterpillar Inc.
  • DNA Genotek Inc.
  • Eddie Bauer Licensing Services LLC
  • Enablence Technologies Inc.
  • Escada
  • Foster’s Group Limited
  • GreenCentre Canada
  • Laricina Energy
  • Mercatus Technologies Inc.
  • Microsoft Corporation
  • Mylan Pharmaceuticals ULC  
  • NBA Properties, Inc.
  • Phillips 66
  • Re:Sound Music Licensing Company
  • WOW Tech Group
  • Starbucks Coffee Corporation
  • Stanley Black & Decker Inc.
  • Tyco Healthcare/Mallinckrodt Inc
  • Wrangler Apparel Corp.
  • 3M Company

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Related Expertise

John Cotter

Partner, Intellectual Property
Toronto

J. Bradley White

Partner, Intellectual Property
Ottawa
  • Animalcare

    Animalcare in its agreement with Kane Biotech to form STEM Animal Health Inc.

  • Sinclair Interplanetary

    Sinclair Interplanetary in its acquisition by Rocket Lab

  • Corus Radio

    Corus Radio in its successful injunction motion over station-naming

  • Georgian Partners

    Georgian Partners in its Series C investment in Fiix Inc.

  • Husky Energy Inc.

    Husky Energy Inc. in its proposed acquisition of MEG Energy Corp. for $6.4 billion

  • Clio

    Clio in its acquisition of Lexicata

  • Interaxon

    Interaxon in its acquisition of Meditation Studio

  • Sanja Fidler

    Sanja Fidler in her appointment to lead Nvidia's new Toronto AI research facility.

  • EMR Capital

    EMR Capital in its announced agreement to acquire the Cerro Colorado mine in Chile from BHP Billiton Limited for an aggregate cost of up to US$320 million, US$50 million of which is contingent on the future price of copper.

  • Government of The Bahamas

    Assisting The Bahamas in drafting Intellectual Property Regulations to achieve WTO compliance

  • Imagia Cybernetics Inc.

    Imagia Cybernetics Inc. in its acquisition of Cadens Medical Imaging

  • Constellation Brands

    Constellation Brands in its strategic investment and minority stake in Canopy Growth Corporation.

  • Regis Corporation

    Regis Corporation in connection with its sale and subsequent franchise of substantially all of its mall-based salons in Canada.

  • Professor Raquel Urtasun

    Professor Raquel Urtasun in her hiring by Uber to lead a new Toronto-based research and development centre for its Advanced Technologies Group

  • Mylan Pharmaceuticals ULC

    Federal Court Rules in favour of Mylan Pharmaceuticals ULC in an anti-inflammatory combination drug patent case

  • Microsoft Corporation/LinkedIn

    Microsoft Corporation in connection with its US$26.2 billion acquisition of LinkedIn Corporation and LinkedIn Corporation in respect of Canadian Competition Act advice and services.

  • Hootsuite

    Hootsuite in connection with its acquisition of Sales Prodigy

  • Towers Watson

    Towers Watson in its acquisition of the assets of Brovada Technologies Inc. for US$15 million

  • Mylan Pharmaceuticals ULC

    Mylan Pharmaceuticals in a patent proceeding brought by Amgen

  • Pulse Systems, Inc.

    Pulse Systems, Inc. in its $11 million acquisition of the US Practice Management business of Nightingale Informatix Corporation, including the Medrium, RidgeMark, SecureConnect and Northern Health product lines

  • Bank of Montreal

    BMO Financial Group in connection with its acquisition of General Electric Capital Corporation’s Transportation Finance Business

  • Mylan Pharmaceuticals ULC

    Federal Court Rules in Favour of Mylan Pharmaceuticals ULC in Pantoprazole Magnesium Patent Case

  • Torstar Corporation

    Torstar Corporation in its $200 million acquisition of an interest in VerticalScope Holdings Inc.

  • Mylan Pharmaceuticals ULC

    Lead outside counsel to Mylan Pharmaceuticals ULC in patent and other matters. Presently representing Mylan in numerous complex pharmaceutical and general litigation matters.

  • Standard Innovation Corporation

    As world-wide coordinating litigation and IP counsel to Standard Innovation Corporation, developed and successfully executed a complex litigation strategy for patent infringement in the U.S. including filing a petition with the ITC and commencing an action in the U.S. District Court of Southern Texas where damages could be sought.

  • Find More

  • Chambers Canada: Canada's Leading Lawyers for Business: Recognized in Intellectual Property; Intellectual Property: Litigation
    •  “…[Osler] tailors their legal advice to our business realities. All of them are extremely intelligent and creative in their approach.”
    • "They can mobilise a team and have the ability to see the big picture. They have fulfilled every expectation."
    • "I have the highest respect for the people there and the work they produce. They're very quick in responding and their responses are always accurate and direct."
  • Chambers Global: The World's Leading Lawyers for Business: Recognized in Intellectual Property: Litigation
  • The Canadian Legal Lexpert Directory: Recognized in Intellectual Property (Ottawa, Ontario and Toronto, Ontario); Litigation: Intellectual Property (Toronto, Ontario)
  • Legal 500: Recognized in Intellectual Property
  • Benchmark Canada: Osler lawyers recognized as leaders in Intellectual Property Litigation
  • Intellectual Asset Management (IAM) Patent: World's Leading Patent Professionals, 1000: Recognized in Transactions, Prosecution, and Litigation
  • Intellectual Asset Management (IAM) Patent 1000: Osler lawyers recognized as leading patent practitioners; members of the team have also been recognized in IAM 250 World Leading Patent Litigators and IAM Life Sciences 250: The World’s Leading Life Sciences Lawyers
  • Managing Intellectual Property's IP Stars Handbook: Recognized in Copyright & Related Rights (Tier 1); Patent Contentious; Patent Prosecution; Trademark Prosecution; and Trademark Contentious
  • Managing Intellectual Property North America Awards: Osler shortlisted for Canada Copyright and Canada Trademark Prosecution, 2019
  • WTR 1000: The World’s Leading Trademark Professionals: Recognized in Anti-counterfeiting and Firm Overall (Silver Band); Osler lawyers recognized as leading trademark lawyers
    • “What makes Osler a prime choice for IP work in Canada is its superb communication, reporting skills and level of success. It’s a one-stop shop and always delivers.”