IP litigation is rarely just about legal rights. It is about protecting innovation, revenue, reputation, and freedom to operate. Fasken represents clients in complex intellectual property disputes before courts and specialized tribunals, helping them manage risk, assert rights, and resolve conflicts in a way that supports long‑term business objectives.
IP Disputes, Addressed Strategically
Intellectual property disputes often arise in fast‑moving and competitive environments where timing, remedies, and commercial context matter as much as the underlying legal issues. Organizations must assess not only the strength of their rights, but also the business impact of enforcement, the risk of counterclaims, and the implications of cross‑border activity. Fasken works with clients to clarify positions early, assess exposure, and pursue strategies aligned with business priorities, whether that involves decisive enforcement, negotiated resolution, or litigation through trial and appeal.
What You Can Expect
- Clear litigation strategy aligned with business objectives and risk tolerance
- Early assessment of validity, infringement, and freedom‑to‑operate issues
- Practical guidance on remedies, including injunctions and urgent relief
- Coordinated advocacy across courts, tribunals, and ADR forums
- Integrated support with IP strategy, regulatory, and commercial teams
Who We Serve
IP Owners and Rights Holders — Organizations seeking to enforce patents, trademarks, copyrights, and other IP rights to their commercial interests, market position, and competitive advantagesprotect innovation and market position . Businesses Defending against IP Claims — Companies facing infringement allegations, invalidity challenges, or opportunistic claims, including so‑called “troll” litigation. Technology, Life Sciences, and Research‑Driven Organizations — Clients operating in technically complex and regulated industries where IP disputes carry significant commercial risk. Institutions and Industry Associations — Universities, research institutes, and professional associations involved in IP‑related disputes or regulatory proceedings. (H3) Types of Matters We Handle • Patent, Trademark, and Copyright: Litigation Infringement actions, invalidity challenges, and defence of IP rights across industries and technologies. • Validity, Infringement, and Freedom‑to‑Operate: Disputes Strategic assessment and litigation of core IP issues affecting product development and commercialization. • Regulatory and Tribunal Proceedings: Appeals from Copyright Board decisions, tariff disputes, and other specialized IP proceedings. • Urgent and Extraordinary Remedies: Injunctions, seizures before judgment, and other time‑sensitive measures to protect IP assets. • Cross‑Border IP Disputes: Coordination of litigation strategy across jurisdictions, including disputes involving international trade considerations. • Alternative Dispute Resolution: Mediation and arbitration of IP disputes where negotiated outcomes better serve commercial objectives. (H3) Why Clients Choose Fasken Clients choose Fasken for IP litigation that combines courtroom strength with strategic judgment. We understand the current and future value of IP assets and tailor dispute strategies accordingly, balancing enforcement, defence, cost, and commercial impact. Fasken’s IP litigation practice is consistently recognized by independent legal directories and industry publications, reflecting sustained involvement in complex and precedent‑setting IP disputes. (H3) What Success Looks Like Supreme Court Advocacy: Acted in leading IP cases before the Supreme Court of Canada, helping shape Canadian intellectual property law. Urgent Enforcement Measures: Obtained injunctions and other extraordinary remedies to protect high‑value IP assets. Cross‑Border Patent Dispute: Represented clients in several complex international patent litigation involving multiple jurisdictions. Defence of Infringement Claims: Successfully defended organizations against infringement allegations, preserving freedom to operate and commercial continuity. (H3) Frequently Asked Questions (FAQs) Q: Do you handle both enforcement and defence in IP litigation? A: Yes. We act for rights holders enforcing IP and for organizations defending against infringement and validity claims. Q: Can IP disputes be resolved without going to trial? A: Often, yes. We advise on settlement, mediation and arbitration where appropriate, while preparing matters for litigation when needed. Q: Do you handle technically complex IP disputes? A: Yes. Our team includes lawyers with advanced technical backgrounds who regularly handle complex IP matters. Q: Do you support cross‑border IP litigation? A: Yes. We coordinate strategy across jurisdictions and work closely with international counsel on global disputes. (H3) Your Team at Fasken Clients work with an IP Litigation team that combines deep courtroom experience with technical and commercial insight. Our lawyers regularly appear before courts at all levels and specialized tribunals, and work closely with IP, regulatory, and commercial colleagues to deliver coordinated, business‑minded dispute strategies.
