Intellectual Property


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, three 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:


  • 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
Related Expertise
  • 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. The ITC ruled favourably, including regarding satisfying domestic industry requirements, and issued a general exclusion and cease and desist order against any infring

  • Teva Canada

    Successfully represented Teva Canada before the Supreme Court of Canada, which unanimously ruled that Pfizer Canada’s patent covering the drug Viagra is invalid, reversing the judgments of two lower courts.

  • Re:Sound

    Successfully represent Re:Sound in numerous proceedings before the Copyright Board of Canada and on judicial review before the Federal Court of Appeal with respect to tariffs covering commercial radio, satellite radio, fitness centres, motion pictures webcasting and simulwebcasting.

  • York University

    Representing York University in a suit filed by Access Copyright. This case may set a precedent for the fair dealing policy adopted by numerous universities, colleges and K-12 schools throughout Canada.

  • Chambers Canada: Canada's Leading Business Lawyers, 2016, Osler ranked in Intellectual Property.
    • "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." 
  • The Legal 500, 2015-2016, Osler ranked in Intellectual Property.
  • The Canadian Legal Lexpert Directory, 2015, Consistently recommended in the area of Intellectual Property Group (Ottawa).
  • The Canadian Legal Lexpert Directory, 2015, Repeatedly recommended in the area of Intellectual Property Group (Toronto).
  • Managing Intellectual Property's IP Stars Handbook, 2015, Osler ranked in Tier 1  as a leading Canadian firm, Copyright.
  • Managing Intellectual Property's IP Stars Handbook, 2015, Osler ranked as a leading Canadian firm, Patent contentious.
  • Managing Intellectual Property's IP Stars Handbook, 2015, Osler ranked as a leading Canadian firm, Patent prosecution.
  • Managing Intellectual Property's IP Stars Handbook, 2015, Osler ranked as a leading Canadian firm, Trade mark prosecution.
  • Managing Intellectual Property's IP Stars Handbook, 2015, Osler ranked as a leading Canadian firm, Trade mark/copyright contentious.
  • Osler has also recently been shortlisted in copyright for Managing Intellectual Property North America Awards.
  • According to sources quoted in Chambers Global: The World’s Leading Business Lawyers, our lawyers “tailor their legal advice to our business realities. All of them are extremely intelligent and creative in their approach.”
  • 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."
  • The Best Lawyers in Canada recognized four of our lawyers in IP law.
  • Four members of the team are featured as “IP Stars” in the latest Managing IP Handbook.
  • 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.
  • The latest World Trademark Review 1000 ranks six members of the team as leading trade-mark lawyers. 
  • Benchmark Canada has acknowledged members of our team as leading IP litigators in Ontario.
  • Legal Media Group’s Expert Guides recognized a member of the team in Women in Business Law (Trade Mark Canada). 

  • AIPPI World Intellectual Property Congress