These were the best intellectual property litigation lawyers in Ontario based on the results of our 2021 survey. The current complete list of Ontario's best intellectual property litigation lawyers can be found at the link.
In our survey, intellectual property litigation comprises the provision of advice and representation – whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration – in all matters relating to contentious proceedings involving rights respecting patents, trademarks, official marks, copyright, moral rights, industrial designs, brand names, trade dress, personality rights, trade secrets and data protection.
Most frequently recommended intellectual property litigation lawyers
Andrew E. Bernstein
Law firm: Torys LLP
Year called to the Bar: 1999
City: Toronto, ON
Andrew E. Bernstein is a partner at Torys LLP. He specializes in business law disputes, including intellectual property, commercial and public law matters. A significant portion of his practice involves patents, trademarks, copyrights and trade secrets. Bernstein boasts extensive experience in class actions, licensing, contracts and tort actions. He has acted for both public and private sector clients in administrative hearings, judicial reviews and charter matters. Bernstein frequently advises and defends traditional and new media clients on defamation and free expression issues. He is also an experienced appellate lawyer and has appeared in Divisional Court, the Ontario and Federal Courts of Appeal and the Supreme Court of Canada. Bernstein writes and speaks regularly on topics related to his practice.
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Andrew Brodkin
Law firm: Goodmans LLP
Year called to the Bar: 1995
City: Toronto, ON
Andrew Brodkin is a partner and a member of the executive committee at Goodmans LLP. He is also the head of the firm’s litigation group. Brodkin devotes his practice to intellectual property litigation, including patent, trademark and copyright disputes and the complex assessments of damages flowing from the infringement of such rights. He advises clients regarding the development, acquisition, sale and protection of IP and technology assets, including patents, trademarks, trade dress, copyright, industrial designs, rights of personality, confidential information and trade secrets. Brodkin appears regularly before the Federal Court of Canada, Federal Court of Appeal, the Ontario Superior Court of Justice and the Ontario Court of Appeal. He has also appeared before the Supreme Court of Canada. He has chaired and participated in conferences on IP issues and is a lecturer for the LLM Health Law IP course at Osgoode Hall Law School.
Anthony (Tony) Creber
Law firm: Gowling WLG
Year called to the Bar: 1981
City: Ottawa, ON
Anthony Creber is a senior partner at Gowling WLG, where he is also past head of its intellectual property litigation practice group. He specializes in chemical, biotechnology and pharmaceutical patent litigation. Creber is also an expert in trademark litigation, regulatory issues and advising on IP life cycle matters. He regularly appears in both the trial and appellate levels of the Federal Court. Creber has also represented clients in the Supreme Court of Canada (SCC) on patent matters, including questions of patentability of life forms, patent licensing and the infringement of biotechnology patents. Some of the most important cases he has appeared in include the SCC’s decisions in Monsanto v. Schmeiser and Apotex v. Sanofi-Synthelabo, a case for which Creber as lead partner won the Milestone Case of the Year 2014 and Patent Case of the Year 2009 awards given by Managing Intellectual Property (MIP). Recently, he also represented Novartis in protecting its patent on Gleevec and Biotech Canada in an access to information case before the SCC.
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Ronald E. Dimock
Law firm: Gowling WLG
Year called to the Bar: 1976
City: Toronto,ON
Ronald E. Dimock is a partner at Gowling WLG’s Toronto office and is recognized as a leading intellectual property litigator, mediator and arbitrator. He has appeared as counsel in many of Canada’s landmark patent, trademark and copyright cases over the course of his 40-year career. Dimock is certified by the Law Society of Ontario as a specialist in civil litigation and intellectual property (patent, trademark and copyright) law. He is also a sought-after speaker and has written on a range of topics on intellectual property. For more than 20 years, Dimock taught a master’s-level IP course at York University’s Osgoode Hall Law School. He also previously taught courses at Queen’s University and McGill University. Dimock is a fellow of the American College of Trial Lawyers, the Chartered Institute of Arbitrators and the Intellectual Property Institute of Canada. He is also a professional engineer.
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Gunars Gaikis
Law firm: Smart & Biggar
Year called to the Bar: 1983
City: Toronto, ON
Gunars A. Gaikis serves as an of counsel at Smart & Biggar. He has more than three decades of experience in intellectual property law. Gaikis boasts extensive experience in the procurement, litigation and enforcement of pharmaceutical and biotechnology patent rights and strategic advising. He has appeared as lead counsel in many precedent-setting IP cases before the Ontario, Federal and Supreme Courts. Gaikis is a licensed pharmacist and a registered patent and trademark agent.
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Steven Garland
Law firm: Smart & Biggar
Year called to the Bar: 1992
City: Ottawa, ON
Steven Garland is the managing partner at Smart & Biggar’s Ottawa office. He boasts more than 25 years of trial and appellate experience in intellectual property litigation. Garland has appeared as counsel before the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal. He has also appeared before the appellate and trial courts in the provinces of Ontario, British Columbia, Alberta and Nova Scotia, and the Patent Appeal Board and the Trademarks Opposition Board. Garland acts on behalf of innovator pharmaceutical and biopharmaceutical companies on patent-related matters, including patent infringement actions and proceedings under the Patented Medicines (Notice of Compliance) Regulations. He is an adjunct professor at University of Ottawa Law School, where he teaches patent law. Garland is also a registered patent and trademark agent.
Sana Halwani
Law firm: Lenczner Slaght Royce Smith Griffin LLP
Year called to the Bar: 2005
City: Toronto, ON
Sana Halwani is a partner at Lenczner Slaght Royce Smith Griffin LLP. She devotes her practice to intellectual property litigation. Halwani is registered in Canada and the US as a patent agent and is a Canadian trademark agent. In patent matters, she has extensive experience in the life sciences, technology, energy and gaming industries. In copyright, trademark and trade secret matters, Halwani has represented diverse clients, including software companies, art galleries, fashion designers and media companies. She regularly provides strategic patent and regulatory advice and is well-versed in large cross-border disputes. Halwani has represented clients at all levels of the Ontario and Federal courts, including the Supreme Court of Canada. She is a member of the Intellectual Property Institute of Canada (IPIC) Council, chair of IPIC’s litigation committee and co-chair of IPIC's women in IP networking group.
Steven G. Mason
Law firm: McCarthy Tétrault LLP
Year called to the Bar: 1994 (ON); 2001 (California)
City: Toronto, ON
Steven G. Mason is a partner at the litigation group and chair of the national intellectual property litigation group at McCarthy Tétrault LLP. He specializes in intellectual property disputes. He has acted as trial and appellate counsel in a broad range of leading intellectual property cases, including before the Supreme Court of Canada. Mason is an adjunct professor at Osgoode Hall Faculty of Law, teaching intellectual property law. He is also a regular speaker in the field of intellectual property litigation. Mason has co-authored Intellectual Property Law in Canada: Cases and Commentary (Carswell, 2013) and Copyright: Cases and Commentary on the Canadian and International Law (Carswell, 2009).
Harry B. Radomski
Law firm: Goodmans LLP
Year called to the Bar: 1978
City: Toronto, ON
Harry B. Radomski is a counsel, executive committee member and intellectual property litigation group head at Goodmans LLP. He devotes his practice to IP litigation, including patent, trademark and copyright disputes and the complex assessments of damages flowing from the infringement of such rights. Radomski regularly appears before all levels of courts and has appeared before the Supreme Court of Canada on leading patent, trademark and damages issues. He teaches LLM Health Law IP course at Osgoode Hall Law School.
Andrew M. Shaughnessy
Law firm: Torys LLP
Year called to the Bar: 1993
City: Toronto, ON
Andrew M. Shaughnessy is a partner at Torys LLP. He specializes in intellectual property litigation, dispute resolution and Federal Court practice. Shaughnessy has represented a range of clients in complex patent and trademark infringement and related litigation. He has also been an advocate before the Supreme Court of Canada, Federal Court of Canada, Federal Court of Appeal, Ontario Superior Court of Justice, Court of Appeal for Ontario and specialized tribunals such as the Trademarks Opposition Board. Shaughnessy is a well-known IP and advocacy speaker, instructor and author. He is also an adjunct lecturer at the University of Toronto Faculty of Law, where he oversees participation in the Harold G. Fox Intellectual Property Moot.
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Consistently recommended intellectual property litigation lawyers
Mark Edward Davis
Law firm: Norton Rose Fulbright Canada LLP
Year called to the Bar: 2001
City: Toronto, ON
Mark Edward Davis is a partner and the chair of the intellectual property team at Norton Rose Fulbright Canada LLP. He is a trial lawyer with significant experience in patent and trademark litigation, including proceedings under the Patented Medicines (Notice of Compliance) Regulations and in breach of confidence and trade secret, anti-counterfeiting and copyright disputes. Davis is a certified specialist (patents, trademarks and copyright) by the Law Society of Ontario. He has successfully argued numerous precedent-setting intellectual property cases at the trial and appellate levels. Davis is a prolific writer and speaker on IP law and has taken active leadership roles in many of the leading professional associations for IP law in Canada and the US. He is a registered trademark agent.
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Mark Evans
Law firm: Smart & Biggar
Year called to the Bar: 1986
City: Toronto, ON
Mark Evans is the managing partner at Smart & Biggar’s Toronto office. He is recognized as a leading trademark lawyer and litigator. Evans has significant experience in all aspects of trademark law, including trademark and trade-dress litigation, brand selection and clearance, trademark prosecution, oppositions and cancellations, and licensing and merchandising. He has been successful in numerous high-profile and precedent-setting cases. Evans is a registered patent and trademark agent and has written extensively on IP law. He is also a frequent speaker and has taught trademark law at Osgoode Hall Law School. Davis is a fellow of the Intellectual Property Institute of Canada and a member of the International Trademark Association (INTA).
Ben Hackett
Law firm: Goodmans LLP
Year called to the Bar: 2006
City: Toronto, ON
Ben Hackett is a partner at Goodmans LLP’s intellectual property and litigation groups. He has served as counsel on several significant cases involving patent validity and infringement, damages and profits quantification and recovery under Section 8 of the Patented Medicines (NOC) Regulations. Hackett has also acted on numerous judicial reviews and damages claims against the federal government and on actions before the Federal Court seeking recovery under the Competition Act. He appears regularly at the trial and appeal levels of the Federal Court and has appeared before the Supreme Court of Canada. Hackett is an adjunct professor teaching patent law at Queen’s Law School and lectures in the intellectual property in health law course in the Professional LLM program at Osgoode Hall Law School. He joined the firm as a summer student in 2003 and became an associate in 2006.
Dominique T. Hussey
Law firm: Bennett Jones LLP
Year called to the Bar: 1999 (ON); 2003 (New York)
City: Toronto, ON
Dominique T. Hussey is the vice-chair and Toronto managing partner at Bennett Jones LLP. She also co-leads the innovation, technology and branding practice, heads the intellectual property litigation group and serves as lead director of the partnership board. Her practice involves all aspects of IP litigation and dispute resolution, including patent, trademark, copyright, contracts and trade secrets, with an emphasis on regulated products and life sciences. She also has extensive experience litigating under the Patented Medicines (Notice of Compliance) Regulations. In addition to counseling and managing significant trademark portfolios, Hussey advises clients on advertising, marketing, packaging, labelling and regulatory matters, most often pertaining to food, drugs, legal cannabis, cosmetics and medical devices. She also assists clients in navigating IP aspects of mergers and acquisitions and reorganizations in a variety of regulated and retail industries. Hussey regularly writes, speaks and teaches on written and oral advocacy, litigation and intellectual property topics. She is also serves as director of The Advocates’ Society.
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Nathaniel Lipkus
Law firm: Osler, Hoskin & Harcourt LLP
Year called to the Bar: 2007 (ON); 2008 (New York)
City: Toronto, ON
Nathaniel Lipkus is an intellectual property litigator and a partner at Osler, Hoskin & Harcourt LLP. His practice focuses on contentious legal issues confronting innovation-intensive industries, with an emphasis on patent and regulatory issues facing pharmaceutical and biotechnology companies. Lipkus is a registered patent and trademark agent. He represents companies in the life sciences, technology, energy and gaming industries in patent proceedings across Canada and pro hac vice in the US. Lipkus also litigates trademark, copyright, trade secret and other commercial matters. He has advocated on behalf of life sciences clients before numerous regulatory agencies in Canada, and on intellectual property, regulatory approval, pricing and reimbursement and antitrust matters in the US.
Jason C. Markwell
Law firm: Fasken Martineau DuMoulin LLP
Year called to the Bar: 1999
City: Toronto, ON
Jason C. Markwell serves as a partner at Fasken Martineau DuMoulin LLP. He has been a litigation lawyer in Toronto for more than 20 years. Markwell represents pharmaceutical and biotechnology companies in patent infringement and validity actions, including cases under the Patented Medicines (Notice of Compliance) Regulations, and in disputes relating to data protection, drug approvals and drug pricing (PMPRB). He also boasts extensive experience in patent cases involving the financial services, telecommunications and oil and gas industries. Markwell is a member of The Advocates’ Society and is active in various intellectual property organizations, including the IPIC and International Association for the Protection of Intellectual Property (AIPPI). He has appeared before the Supreme Court of Canada, Federal Court of Appeal, Federal Court, Ontario Superior Court and several administrative tribunals.
Judith M. Robinson
Law firm: Fineberg Ramamoorthy LLP
Year called to the Bar: 1991
City: Toronto, ON
Judith M. Robinson is a senior consultant at Fineberg Ramamoorthy LLP. She specializes in intellectual property litigation, dispute avoidance and resolution and risk mitigation. Robinson has been particularly active in the pharmaceutical and aerospace sectors. She has a wide experience before the courts, including for cross-border patent trials and damages assessments and judicial review of administrative decisions relating to IP. She was also appellate counsel in a statutory appeal in telecommunications that raised significant issues of copyright. Robinson has been active in litigation under the Patented Medicines (Notice of Compliance) Regulations since the introduction of that regime in 1993. She is proud of the many settlements that she has facilitated to the satisfaction of the firm’s clients. In mid-2019, Robinson stepped down as the practice group leader of the IP practice of Norton Rose Fulbright Canada after five years in the role to focus on the many developments in IP, including in the area of artificial intelligence.
Andrew Skodyn
Law firm: Blake, Cassels & Graydon LLP
Year called to the Bar: 1999
City: Toronto, ON
Andrew Skodyn is a partner at Blake, Cassels & Graydon LLP. He devotes his practice to intellectual property and commercial litigation. As an IP litigator, Skodyn is best known for his tenacious approach to patent and trademark litigation in the life sciences and information technology areas. His commercial litigation experience spans complex commercial disputes, class actions and product liability defence. Across his diverse litigation practice, Skodyn has conducted numerous significant and precedent-setting trials, applications and appeals. He has represented clients in a wide range of industries, including pharmaceuticals, life sciences, information technology, oil and gas, manufacturing, agriculture, banking and professional services. Skodyn also has significant experience preparing opinions and advising clients on regulatory issues, intellectual property portfolios and litigation strategy. He has been counsel at all levels of the Ontario and federal courts, including the Supreme Court of Canada, and in several mediations and arbitrations. Skodyn is a regular speaker on intellectual property and advocacy issues and an active member of various professional organizations, including the IPIC, The Advocates’ Society, the Canadian Bar Association, American Bar Association Section of Intellectual Property Law (ABA-IPL) and Intellectual Property Owners Association (IPO).
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Christopher C. Van Barr
Law firm: Gowling WLG
Year called to the Bar: 1996
City: Ottawa, ON
Christopher C. Van Barr is a partner at Gowling WLG. He is recognized one of Canada’s leading intellectual property litigators. Van Barr has accumulated considerable first-chair experience in complex patent litigation and trademark and copyright litigation. He is also an expert in trade secret litigation. Van Barr advises clients on strategic management of IP, including patent life cycle management. He also acts on behalf of leading national and international pharmaceutical, medical device, aerospace, software, manufacturing and information technology clients. Van Barr has served as an adjunct professor of patent law for eight years at the University of Ottawa and was chair of the Canadian Bar Association’s court practice committee for several years. Van Barr has been a registered patent agent since 2000 and is a sought-after speaker in his area of expertise.
Peter R. Wilcox
Law firm: Belmore Neidrauer LLP
Year called to the Bar: 1994
City: Toronto, ON
Peter R. Wilcox is a partner at Belmore Neidrauer LLP. He has more than 20 years of experience in litigating complex intellectual property cases. Wilcox boasts extensive experience litigating patent infringement and validity actions and applications on behalf of pharmaceutical and biotechnology companies. He has represented clients in the Federal Court, Federal Court of Appeal, Ontario Courts and the Supreme Court of Canada. Wilcox has also represented clients in the oil and gas and medical device industries, and has experience in copyright, trade secret and trademark litigation. Wilcox is a registered Canadian patent agent and trademark agent.