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IP Litigation


Fasken’s IP team resolves high stakes litigation before various tribunals and the courts at all levels, including the Supreme Court of Canada, and through alternative dispute resolution mechanisms such as mediation and arbitration.
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Overview

IP litigation can threaten both your brand and your bottom line. This specialized area of law requires experienced counsel who understand the current and future value of your assets and who will skillfully assert your rights.

We assist clients by providing opinions on validity, infringement and freedom to operate in light of existing IP rights. We always seek to structure our advice to avoid future disputes with strategies taking account of applicable law and rules arising from international trade agreements.

Growing international life sciences, engineering, electronic media and other industries require IP rights to be clarified and enforced across borders. We’ve appealed Copyright Board decisions to the federal courts, pursued extraordinary remedies including seizures before judgment and injunctions, and represented clients in international high-stakes patent litigation.

We work with clients in a variety of industries, including those where emerging technology and science benefits from sharp IP portfolio management. We also represent colleges, universities, government research institutes and professional associations such as the International Federation of Intellectual Property Attorneys (FICPI).

Fasken’s IP litigation team has won recognition from respected publications such as Chambers Canada, Who’s Who Legal, Managing IP and Best Lawyers. We offer training to clients and industry groups, publish analysis in media articles and speak at events where IP issues are discussed.

Subscribe to our “Intellectual Property Bulletin” newsletter, browse the recent disputes we’ve resolved on behalf of clients, or contact any of our lawyers to learn more.

Achievements

  • Ranked nationwide in IP: Litigation, The Legal 500 Canada 2018 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Litigation: Intellectual Property, Canadian Legal Lexpert Directory 2020 to 2026
  • Ranked nationwide in Intellectual Property: Litigation, Chambers Canada 2020 to 2026
  • Ranked nationwide in Canada in Intellectual Property: Litigation, Chambers Global 2021 to 2025

Team

Primary Contacts
  • Julie Desrosiers, Partner | Patents and Industrial Design, Montréal, QC, +1 514 397 7516, [email protected]
  • David Turgeon, PhD, Partner | Patent Agent | Leader, Intellectual Property, Montréal, QC | Québec, QC, +1 514 397 5222, [email protected]
  • Marek Nitoslawski, Partner | Trademark Agent | Intellectual Property, Montréal, QC, +1 514 397 4335, [email protected]
  • Sébastien Roy, Partner | Trademark Agent | Intellectual Property, Québec, QC, +1 418 640 2073, [email protected]
  • Gerald (Jay) Kerr-Wilson, Partner | Trademark Agent | Intellectual Property, Ottawa, ON, +1 613 696 6884, [email protected]
  • Jean-Philippe Mikus, Partner | Trademark Agent | Intellectual Property, Montréal, QC, +1 514 397 5176, [email protected]
Julie Desrosiers patent lawyer in Montreal Julie Desrosiers Partner | Patents and Industrial Design Montréal, QC +1 514 397 7516
David Turgeon Associé/Partner Montréal David Turgeon, PhD Partner | Patent Agent | Leader, Intellectual Property Montréal, QC Québec, QC +1 514 397 5222
+1 418 640 2061
Marek Nitoslawski - Intellectual Property Lawyer, patents, trademarks and copyright Marek Nitoslawski Partner | Trademark Agent | Intellectual Property Montréal, QC +1 514 397 4335
Sébastien Roy Associé/Partner Québec Sébastien Roy Partner | Trademark Agent | Intellectual Property Québec, QC +1 418 640 2073
Jay Kerr-Wilson Ottawa Lawyer Gerald (Jay) Kerr-Wilson Partner | Trademark Agent | Intellectual Property Ottawa, ON +1 613 696 6884
Jean-Philippe Mikus Intellectual Property Lawyer in Montréal Jean-Philippe Mikus Partner | Trademark Agent | Intellectual Property Montréal, QC +1 514 397 5176

Experience

  • Swift court intervention enables our client to regain control of its brand, [Case - Confidential], Our client regains control of its domain name and associated e-mail addresses from its ex-regional distributor who was using such assets to illegally benefit from its web infrastructure and client contacts.
  • Canadian Education Consortium (The Council of Ministers of Education, Canada) successful in copyright royalty dispute at the Federal Court of Canada, [Case - A consortium of provincial and territorial education ministries and Ontario school boards], Consortium of provincial and territorial education ministries and Ontario school boards successful at the Federal Court.
  • Québec Court of Appeal confirms unconstitutionality of certain amendments to the Patented Medicines Regulations which govern the PMPRB federal patented drug pricing regime, [Case - Merck and al.], Fasken successfully represented a coalition of major pharmaceutical companies before the Quebec Superior Court and Quebec Court of Appeal to confirm the unconstitutionality and invalidity of certain amendments to the Patented Medicines Regulations which govern the PMPRB federal patented drug pricing regime.
  • Equisoft Sues For Breach Of Commercial Secrets In Front Of The Quebec Superior Court, [Case - Equisoft Inc.], Equisoft files a lawsuit against Protégez-vous for breach of commercial secrets.
  • BRP wins major lawsuit against competitor Arctic Cat, [Case - Bombardier Recreational Products Inc.], In a lawsuit launched in December 2011, Bombardier Recreational Products accused its major competitor Arctic Cat of infringing BRP’s patents related to its revolutionary Ski-Doo REV snowmobiles. BRP is a global leader in snowmobiles, power sports vehicles and propulsion systems with over 75 years...
  • CMRRA v. Apple et al and SOCAN v. Apple et al, [Case - Spotify and Bell Canada], FCA upholds Copyright Board decision to lower royalties paid for on-demand streaming and emphasizes importance of deference to expertise of Copyright Board
  • ESA v. SOCAN, 2020 FCA 100, [Case - Entertainment Software Association, Entertainment Software Association of Canada, Bell Canada, Google Canada, Quebecor Media, Rogers Communications and Shaw Communications], FCA overturns Copyright Board decision that recognized "making available" as an exclusive right, and would have required payment of double royalties for downloads.
  • Constitutional challenge in the Superior Court of Québec attacking controversial amendments to the Patented Medicines Regulations and the validity of the existing PMPRB regime under the Patent Act, [Case - Merck Canada Inc., Janssen Inc., Servier Canada Inc., Boehringer Ingelheim Canada Ltd/Ltée, Bayer Canada Inc., Theratechnologies Inc., and an additional (Confidential) pharmaceutical company], Constitutional challenge in the Superior Court of Québec.
  • Janssen overturns Court of Appeal ruling to exclude Remicade from Quebec's list of medications, [Case - Janssen Inc.], On January 16, 2019, the Quebec Court of Appeal declared invalid the decision of the Minister of Health and Social Services that Remicade, a Janssen product, had been removed from the Quebec ‘s List of Medications covered by the provincial drug plan. In 2017, the Minister of Health and Social S...

Knowledge

  • Bill 96 | Important Upcoming Changes to French Language Requirements for Public Signage, 4/15/2025
  • Williams v Music and Entertainment Rights Licensing Independent Network Ltd and the Territorial Principle, 8/9/2024
  • Patent Term Adjustment is finally coming to Canada, 7/16/2024
  • Québec Publishes Final Language Rules: Softens Stance on Trademarks but Maintains Sign Sizing Requirements, 6/27/2024
  • Blacklock’s Reporter v Canada (Attorney General) and Password Sharing for Research Purposes, 6/26/2024
  • Copyright and Presentations: How to Avoid Presentation-Related Copyright Infringement, 4/30/2024
  • Alberta et al v Canadian Copyright Licensing Agency (Access Copyright), 2024 FC 292 and the Voluntary Copyright Tariff Regime, 4/26/2024
  • Doan v Clearview Inc and the Identification of Class Members, 2/5/2024
  • Voltage Holdings, LLC v Doe #1 and Evidentiary Requirements in Copyright Infringement, 2/1/2024
  • Opposition and Cancellation Proceedings Shifting Into Higher Gear in Canada, 12/5/2023

Events

  • Protecting AI Investment – Leveraging Patent Protection for your Innovations, 3/11/2026
  • Recent developments in public contracts in Quebec, 6/5/2024
  • Choosing legally winning brands, 4/26/2023

News

  • Christian Leblanc analyzes the legal framework surrounding AI-generated artistic content in an interview broadcast on 98.5, 3/25/2026
  • Timothy St. John Ellam, KC Joins Fasken as Senior Counsel in the Litigation & Dispute Resolution Group, 2/2/2026
  • New IP Counsel Joins Fasken, 9/29/2023
  • Fasken Partners Recognized in the 2021 World IP Review Leaders Guide, 5/11/2021
  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • Julie Desrosiers Admitted to American College of Trial Lawyers, 3/11/2021
  • 60 Fasken Lawyers in 27 Practice Areas Recognized in the 2021 Chambers Global Guide, 2/18/2021
  • Fasken Shines in Lexpert®’s Top 10 Cases of 2019-2020, 12/10/2020
  • Fasken Welcomes New Partner to Intellectual Property Group, 1/20/2020
  • 2020 Chambers Canada Guide Recognizes 108 Fasken Lawyers, 9/19/2019

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