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
  • Bausch & Lomb Incorporated
  • 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.
  • Matrix Laboratories Limited
  • Microsoft Corporation
  • Mylan Pharmaceuticals ULC  
  • NBA Properties, Inc.
  • Phillips 66
  • Re:Sound Music Licensing Company
  • Sears Holding Corp
  • Standard Innovation Corporation 
  • Starbucks Coffee Corporation
  • Stanley Black & Decker Inc.
  • Tyco Healthcare/Mallinckrodt Inc
  • Wrangler Apparel Corp.
  • 3M Company

DownloadDownload

J. Bradley White

Partner, Intellectual Property
Ottawa
  • 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 Inc.

    Interaxon Inc. 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

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Chambers

  • Chambers Canada: The World's Leading Business Lawyers, 2012-2019: Intellectual Property.
    • “…[Osler] tailors their legal advice to our business realities. All of them are extremely intelligent and creative in their approach.”
    • "They provide a very high-quality service and are very thorough and solid in their representation."
    • "The level of service that was supplied to us was absolutely fantastic. They were hugely helpful throughout."
    • "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 Business Lawyers, 2012-2018: Intellectual Property.

Lexpert

  • The Canadian Legal Lexpert Directory, 2015-2018, Ottawa, Ontario: Consistently Recommended, Intellectual Property.
  • The Canadian Legal Lexpert Directory, 2018, Toronto, Ontario: Consistently Recommended, Intellectual Property.
  • The Canadian Legal Lexpert Directory cites Osler as being "repeatedly recommended" by our clients and peers for expertise in IP matters.
  • The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada names a team member as among a select group of Canada’s "top cross-border litigators."

Legal 500

  • The Legal 500, 2016-2019: Intellectual Property.

Benchmark

  • Benchmark Canada has acknowledged members of our team as leading IP litigators in Ontario.

Best Lawyers

  • The Best Lawyers in Canada, 2019: Osler lawyers recognized in the area of Intellectual Property.

Expert Guides

  • Expert Guides: The Legal Media Group Guides to the World’s Leading Lawyers, 2018: Osler lawyers recognized as leaders in Patents; Trade Marks and Women in Business Law.

Intellectual Asset Management

  • Intellectual Asset Management (IAM) Patent: World's Leading Patent Professionals, 1000, 2017-2018: Transactions, Prosecution, and Litigation.
  • Intellectual Asset Management (IAM) Patent 1000 continues to recognize members of the team as world 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

  • Managing Intellectual Property's IP Stars Handbook, 2015-2018: Osler ranked in Tier 1  as a leading Canadian firm, Copyright.
  • Managing Intellectual Property's IP Stars Handbook, 2015-2018: Osler ranked as a leading Canadian firm, Patent Contentious.
  • Managing Intellectual Property's IP Stars Handbook, 2015-2018: Osler ranked as a leading Canadian firm, Patent Prosecution.
  • Managing Intellectual Property's IP Stars Handbook, 2015-2018: Osler ranked as a leading Canadian firm, Trademark Prosecution.
  • Managing Intellectual Property's IP Stars Handbook, 2015-2018: Osler ranked as a leading Canadian firm, Trademark Contentious.
  • Osler has also recently been shortlisted in copyright for Managing Intellectual Property North America Awards.
  • Four members of the team are featured as “IP Stars” in the latest Managing IP Handbook.

World Trademark Review

  • The latest World Trademark Review 1000 ranks six members of the team as leading trademark lawyers.

LMG Life Sciences

  • LMG Life Sciences Awards, 2016: Children’s Hospital of Eastern Ontario v Transgenomic recognized  as one of four Canadian IP Contentious Impact Cases of the Year. Osler acted as advisor for Children’s Hospital of Eastern Ontario.