Abbas Kassam is a litigator with extensive experience in intellectual property and public law disputes based in Fasken's Toronto office. Over the years, Abbas has developed wide-ranging litigation experience across both federal and provincial jurisdictions, acting as counsel, including as lead counsel, in a variety of complex matters. His inventive and streamlined approach to addressing critical litigation and commercial requirements is trusted by clients across a diverse range of industries.
Abbas has significant trial experience, having acted in multiple trials assessing pharmaceutical patent damages, including those brought under the PM(NOC) Regulations. He also represented a 5G telecommunications technology company in an international arbitration involving trade secret and copyright claims.
In the administrative law context, his work includes conducting judicial reviews as lead counsel before the Federal Court and Federal Court of Appeal, including in a matter that helped define the “due care” standard under the Patent Act. He represented an international paint manufacturer on appeal from the Patent Appeal Board, in a case that set the guiding precedent on computer-implemented patentable subject matter. He has appeared before the Supreme Court of Canada on behalf of an intervenor in a matter addressing the constitutionality of privative clauses. Abbas also advocated for freedom of expression on behalf of an intervenor in a case applying the open court principle to administrative tribunals.
Abbas has defended a publicly traded water products company against claims of breach of confidence and breach of an NDA. He acted as lead counsel in one of the first cases to invalidate trademark registrations for bad faith while securing punitive damages for passing off. In addition to appearing before various adjudicators, Abbas has advised multiple life sciences companies on contentious regulatory issues and handled numerous takedown matters for flagship brands asserting trademark and copyright infringement as well as defamation.
Previously, Abbas served as a judicial law clerk at the Federal Court. He holds a JD from the University of Toronto and a BSc in biological chemistry. He has served as a guest lecturer at various Canadian law schools.
