Education
McGill University, BSc, 1997 McGill University, LLB, 1997 Columbia University (USA), LLM, 2002
Bar Admissions
Ontario, 1999 New York State, 2003 Eastern District and Southern District of New York, 2004 Court of Appeals for the Federal Circuit, 2004
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Dominique T. Hussey
Chief Executive Officer
Co-Head of Innovation, Technology & Branding Practice
T: 416.777.6230 /
E: husseyd@bennettjones.com
Toronto
Dominique is the Chief Executive Officer of Bennett Jones. As CEO, Dominique is responsible for the executive management and operation of the firm. She is a member of the Board of Directors of the Bennett Jones partnership, on which she served as Lead Director for four years before being named Vice-Chair and Toronto Managing Partner, the role that she held prior to her appointment as CEO.
Dominique also leads the firm's Intellectual Property Litigation group and is co-head of its Innovation, Technology and Branding group. She was named Outstanding Practitioner in Patent Law by Managing IP in their Americas Awards in 2020 and was a finalist for the 2021 Canadian Patent Litigator of the Year in LMG Life Sciences Awards North America. For the last eight years, Managing IP has named her in the Top 250 Women in IP in the world. In 2021, Dominique received the inaugural Chambers Canada Law Firm Leaders Award for her work as Managing Partner.
Dominique's practice involves all aspects of IP litigation and dispute resolution (patent, trademark, copyright, contracts, and trade secrets), with particular emphasis on litigation involving pharma/biotech and energy-related patents and trademarks. She counsels on trademark, patent, copyright, trade secret, advertising, marketing, packaging, labelling and regulatory matters—most often pertaining to pharmaceuticals, biologics, legal cannabis, food and beverages, medical devices, and natural health products.
Dominique is depended on to structure and negotiate complex strategic settlements and arrangements, with an eye to positive business and litigation outcomes. She also offers her experience to assist clients in navigating the IP aspects of corporate acquisition, re-organization, and joint ventures, including—with respect to the life sciences and health care industries—the regulatory aspects.
Before joining Bennett Jones, Dominique worked at a large law firm in New York, representing life sciences and consumer products companies in the areas of patents, trade secrets and false advertising, with a particular focus on pharmaceutical patent litigation and regulatory advice.
Dominique regularly writes, speaks, and teaches on the topics of written and oral advocacy, litigation, intellectual property, and leadership. Dominique is immediate past President of The Advocates’ Society, an organization that represents more than 5000 litigators across Canada and for which she served on the board for eight years. She currently serves on the boards of the non-profit organizations of the BlackNorth Initiative and the Stratford Festival. For more than a decade, she served as an adjunct faculty member at the University of Toronto Law School, teaching for the Harold G. Fox Intellectual Property Competitive Moot Program.
Select Experience
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Selected Advisory Work
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Life Sciences and Energy: Advise on, assert, enforce and defend against enforcement of patents primarily in the biotech, pharmaceutical, oil and gas and mechanical fields.
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Pharmaceutical Companies: Involved in the litigation, launch or patent advice pertaining to more than 80 pharmaceutical products. Navigate regulatory and patent issues, advise on interactions with Health Canada. Successfully negotiate and structure numerous strategic settlements in the course of litigation on behalf of pharmaceutical companies. Advise at the point of intersection of intellectual property rights with competition law.
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Trademark and Branding: Prosecute, manage, advise on and enforce a broad range of high-value trademark portfolios
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Regulatory Advice: Navigate pharma, food, natural health products, cosmetics, cannabis and medical device clients through classifications, approvals, licences, labelling, packaging and other requirements under, and compliance with: the Food and Drugs Act; the Cannabis Act and the Regulations, the Food and Drugs Regulations; the Natural Health Products Regulations; the Cosmetic Products Regulations; and the Medical Devices Regulations.
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Regulatory Representation: Respond to and appeal decisions of Health Canada pertaining to the administration of regulations under the Food and Drugs Act. Assist consumer, cannabis, medical device and pharmaceutical companies in responding ton consumer complaints, drafting "dear customer/pharmacist/doctor” letters and in advisories, warnings and recalls
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Selected Deals
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Field Trip Health Ltd., in the spin-out of its drug development and medical clinics businesses into two independent public companies, Reunion Neuroscience and Field Trip Health & Wellness, by plan of arrangement. The spin-out transaction was supported by a private placement financing led by Oasis Management Company
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Ronin Equity Partners in the simultaneous acquisitions of QBD and Minus Forty, two leading North American manufacturers of commercial refrigeration equipment, both located in Toronto
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Acquisition of IBI Group Inc. by Arcadis NV for $873 million via a plan of arrangement
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Lee Equity Partners and Twin Point Capital in the acquisition of Alliance Corporation, a distributor of wireless equipment throughout North America, headquartered in Ontario
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IBI Group Inc., in connection with its bought deal prospectus offering and concurrent private placement of $46,000,000 aggregate principal amount of 6.50% senior unsecured debentures
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Pyxus International, in the Canadian aspects of its US$1.2-billion recapitalization under Chapter 11 and infusion of US$400 million of fresh capital
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The Watermill Group, in its acquisition of Weston Forest Products Inc., a leading distributor and remanufacturer of softwood and hardwood lumber and specialty panel products across North America.
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Precision Castparts Corp., in its agreed acquisition of the business of Noranco from MidOcean Partners and PSP Investments for US$560 million, subject to customary adjustments
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A syndicate of underwriters led by Salman Partners Inc., in an $8.675-million bought deal offering of common shares of Slyce Inc.
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Teva Pharmaceutical Ltd., as Canadian intellectual property counsel, in its acquisition of ratiopharm Group for approximately $4.85 billion (€3.625 billion)
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Research In Motion Limited, in its $200-million acquisition of QNX Software Systems from Harman International Industries, Incorporated
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Research In Motion Limited, in its $150-million acquisition of Certicom Corp
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Selected Litigation
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Globaltech Corporation Pty Ltd. in its defence of an action commenced by Reflex Instrument North America Limited to impeach Globaltech's Canadian patent
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Globaltech Corporation Pty Ltd. in its patent infringement action against Reflex Instrument North America Limited and Imdex Limited
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Amgen Inc. and Amgen Canada Inc., lead counsel in the first ever patent infringement/patent validity trial and appeal under the new Patented Medicines (Notice of Compliance) Regulations
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Amgen Inc. and Amgen Canada Inc., on a motion to dismiss a patent infringement action before the Federal Court of Canada, and on the appeal of that motion before the Federal or Appeal
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Canadian Natural Resources Ltd (CNRL), in a patent infringement/patent validity lawsuit by Maoz Betser-Zilevitch
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American book distributor in successful defence of claims alleging various intellectual property infringements [ Miguna v Walmart Canada et al., upheld on appeal: 2016 ONCA 174]
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Marc Anthony Cosmetics, Inc., in a trademark and trade dress infringement, passing off and unfair competition Federal Court action launched by Moroccanoil (T-1684-13)
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Auro Pharma, in patent litigation proceedings commenced by GlaxoSmithKline (T-1766-13)
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Bondholders in Nortel Networks dispute – representing bondholders with claims in excess of U.S. $4 billion in proceedings pursuant to the Companies' Creditors Arrangement Act (CCAA) on issue of allocation of IP rights
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Teva Canada, in invalidating one of two patents in Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited 2013 FC 283 (the other patent was a compound patent, with an argument based on chemical structural invalidity, which at the time, had only succeeded once in the United States, never before in Canada and never before in the U.K.)
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Research In Motion Limited (RIM), in successfully defeating an application for damages and an injunction relating to RIM's use of BBM in association with its BlackBerry Messenger service. BBM Canada claimed trade-mark infringement, passing off and depreciation of goodwill against RIM. All claims against RIM were dismissed, with costs awarded to RIM. BBM Canada v. Research In Motion Limited, 2012 FC 666
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Argued motion and appeal of motion to strike notice of application. Pfizer Canada Inc. v. Genpharm ULC Date: March 29, 2011, Docket T-1118-09 (Heneghan J.)
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Teva Canada, in a structural obviousness case (Ezetimibe) Merck-Frosst Schering Pharma GP v. Canada (Health) 2010 FC 933 (with an aggressive chemical structural invalidity obviousness position which, at the time, had not succeeded anywhere in the world); succeeded on all pre-hearing notions
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Novopharm Limited, in successfully resisting an application for judicial review of actions taken by the Minister of Health. Novopharm retained regulatory approval to sell drug in Canada. Ferring Inc. v. Canada (Health) 2007 FC 300
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Motion successfully resisting increased costs and other directions adverse to client. G.D. Searle & Co v. Novopharm Limited 2007 FCA 256 (July 12, 2007)
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Teva Canada, on novel argument for patent invalidation on behalf of respondent G.D Searle & Co. v. Novopharm Limited 2007 FC 81 Date (January 24, 2007); overturned on factual grounds in 2007 FCA 173, but novel ground remained intact until overturned in a subsequent, unrelated case
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Application involving patent infringement and invalidity on behalf of respondent culminating in discontinuance in Boehringer Ingelheim (Canada) Ltd. v. Novopharm Limited Court File No. T-196-05 (September 25, 2006)
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Defeating technology licensee on behalf of licensor, ProMetic BioSciences, Inc., in connection with the CCAA restructuring of Hemosol Corp. in complex proceedings before the Superior Court of Justice in the Matter of a Plan of Compromise or Arrangement of Hemosol Corp. and Hemosol LP, Court file No. 04-CL-6453 (Reasons for Judgment September 5, 2006)
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Securing reversal of summary judgment on the issue of invalidity and infringement with respect to several patent claims in Warner-Lambert Co. v. Teva Pharmaceuticals USA, Inc. 418 F.3d 1326 (Fed. Cir. 2005)
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Defending patent registration on behalf of Tropicana Products before the Board of Patent Appeals and Interferences (Appeal No. 2005-1891, 90/006,150 (November 21, 2005))
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Securing order vacating summary judgment to plaintiff as to infringement of several patent claims and denying renewed motion for summary judgment of infringement in Warner-Lambert Co. v. Teva Pharmaceuticals USA, Inc. No. 99-922 (DRD), 01-4995(DRD) (January 31, 2006)
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Resisting lifting of stay on litigation and resisted discovery on wilful infringement in Schwarz Pharma AG v. Teva Pharmaceuticals USA, Inc. Defendant. No. 99-922 (DRD), 01-4995 (DNJ March 31, 2005)
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Multiple motions to compel discovery before magistrate judge in Schwarz Pharma AG v. Teva Pharmaceuticals USA, Inc. Defendant. No. 99-922 (DRD) (DNJ 2005)
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Trade secret case involving a pharmaceutical formulation on behalf of defendant leading to stipulation of dismissal in Lek Pharmaceuticals D.D. v. Teva Pharmaceuticals, Inc. (Civil Action No. 02-3797 (JCL) (D.N.J. July 20, 2004)
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Summary judgment for Tropicana Products five days before jury trial was scheduled to begin in a patent infringement case in Tropicana Products Inc. v. Land O' Lakes, Inc. Civil Action No. 02-338 JJF (October 7, 2003 D.Del.)
Recent Recognitions
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Managing Intellectual Property Awards 2022 Americas
Finalist for Practitioner of the Year, Patent Law, 2022
Award Winner, Outstanding Practitioner of the Year – Patent, 2020
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Lexpert Special Edition—Canada's Leading Health Sciences Lawyers
Recognized as a leading Health Sciences lawyer
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Chambers Canada
Ranked, Intellectual Property: Litigation
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IAM Global Leaders
Recognized as a Global Leader
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Chambers Global
Band 2, Intellectual Property Litigation
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The Legal 500 Canada
Leading Lawyer, Intellectual Property
Recommended, Cannabis
Recommended, Technology
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Canadian Legal Lexpert Directory
Most Frequently Recommended, Intellectual Property
Consistently Recommended, Litigation - Intellectual Property; Life Sciences & Health
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Best Lawyers in Canada
Recognized for Cannabis Law and Intellectual Property Law
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Euromoney LMG Rising Stars
Recognized as a Rising Star in the area of Patents
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IAM Patent 1000 The World's Leading Patent Practitioners
Recommended as a leading Patent professional in the category of Litigation
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Benchmark Litigation: Canada
Top 100 Women in Litigation
Recognized as a Litigation Star
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Lexpert Special Edition—Canada's Leading Technology Lawyers
Recognized as a leading Technology lawyer
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Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Ranked, Intellectual Property
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Lexpert Special Edition on Agribusiness & Cannabis
Recognized as one of Canada's leading lawyers in Agribusiness and Cannabis
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Lexpert Special Edition on Technology and Health
Recognized as one of Canada's leading lawyers in Technology and Health
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Lexpert Special Edition: Litigation
Recognized as one of Canada's leading lawyers in litigation
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Managing Intellectual Property's IP Stars Handbook
Recognized as an IP Star for Patents and Trademarks
Recognized as Ontario, Top 50 Women – Canada
Recognized as Top 250 Women in IP
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Managing IP Awards
Outstanding Practitioner in Patent Law by Managing IP in their Americas Awards 2020
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Who's Who Legal: Canada
Recognized, Trademarks
Recognized, Life Sciences
Recognized, Patents
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Who's Who Legal: Life Sciences
Recognized as a Global Elite Thought Leader for Patent Litigation
Recognized as a leading lawyer in the area of Life Sciences
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Who's Who Legal: Patents
Recognized as among the world’s leading Patent lawyers and experts
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Who's Who Legal: Trademarks
Recognized as one of the world's leading Trademark lawyers
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WTR 1000 The World's Leading Trademark Professionals
Recognized among the top 1000 Trademark professionals in Enforcement and Litigation
Recognized among the top 1000 Trademark professionals in Prosecution and Strategy
Recent Insights, News & Events
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Bennett Jones Lawyers Named Among Canada’s Top Litigators By Benchmark Canada
Announcements / May 01, 2025
Thirty-seven Bennett Jones lawyers have been recognized in the Benchmark Canada 2025 rankings, including 30 Litigation Stars and 10 Future Stars. Five of our lawyers were also named among the Top 50 Trial Lawyers in Canada.
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156 Bennett Jones Lawyers Featured in 2025 Canadian Legal Lexpert Directory
Announcements / March 11, 2025
The Canadian Legal Lexpert Directory has recognized 156 Bennett Jones lawyers in the 2025 edition. The firm also received rankings across 32 practice areas.
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Chambers Global Ranks Bennett Jones Lawyers in 2025 Guide
Announcements / February 13, 2025
Bennett Jones has been recognized in the Chambers Global Guide 2025, with 49 lawyers ranked across 19 practice areas. Clients in Canada and around the world trust us to navigate their most complex legal matters. Our inclusion in Chambers Global Guide 2025 highlights our commitment to an exceptional client experience, deep industry knowledge and long-standing client relationships.
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Twenty-One Bennett Jones Lawyers Recognized in 2025 Lexpert Leading 500 Cross Border Lawyers
Announcements / January 14, 2025
Twenty-one Bennett Jones lawyers are recognized as leading lawyers in the 2025 Lexpert 500 Cross Border Directory (formerly ALM 500). This recognition underscores Bennett Jones' dedication to helping clients with their most complex legal matters. The Lexpert 500 Cross Border Directory profiles the most frequently recommended lawyers across Canada in approximately 35 practice areas identified via an extensive, annual peer survey. Lexpert produces the Directory in collaboration with American Lawyer Media.
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Bennett Jones Recognized as Top-Tier Firm in Legal 500 Canada Rankings
Announcements / November 14, 2024
Bennett Jones has once again been recognized as a top-tier firm in five practice areas in the 2025 Legal 500 Canada guide. Known for our deep knowledge and client-focused approach, we consistently deliver strategic solutions that help clients solve their most complex legal matters. This recognition highlights our commitment to excellence and our dedication to achieving the best results for our clients.
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Advice to Young Lawyers from Bennett Jones CEO Dominique Hussey
In The News / October 30, 2024
Bennett Jones CEO Dominique Hussey offers advice to young lawyers in The Globe and Mail’s November 2024 ROB Magazine.
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Dominique Hussey and Ted Yoo Ranked as IAM Global Leaders 2025
Announcements / October 24, 2024
Bennett Jones’ Dominique Hussey and Edward (Ted) Yoo have once again been ranked as two of the world’s top private practice experts in the field of patents in IAM Global Leaders 2025.
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Bennett Jones Top Ranked in Chambers Canada 2025
Announcements / September 26, 2024
Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year.
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Dominique Hussey, Melanie Teetaert and Cheryl Woodin Once Again Named in Benchmark's Top 100 Women in Litigation
Announcements / August 16, 2024
Dominique Hussey, Melanie Teetaert and Cheryl Woodin have been named Top 100 Women in Litigation for 2024 by Benchmark Litigation.
This recognition is awarded to leading women litigators in the Canadian legal market, working on some of the most impactful litigation matters.
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Dominique Hussey in Top 250 Women in IP for Eighth Time
Announcements / June 24, 2024
Dominique Hussey has once again been named one of Managing Intellectual Property’s Top 250 Women in IP in the world. This is the eighth time she has honoured with this exclusive ranking. Top 250 Women in IP recognizes the senior female IP practitioners in private practice who have performed exceptionally for their clients and firms in the past year.
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Law.com On Bennett Jones' New Office Leaders in Toronto, Vancouver and Montréal
In The News / May 15, 2024
Dominique Hussey speaks with Law.com about Bennett Jones' three new office managing partners. They were announced yesterday with Preet Gill in Toronto, Kwang Lim in Vancouver and Pascale Dionne-Bourassa in Montréal.
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167 Bennett Jones Lawyers Recognized in the Canadian Legal Lexpert Directory 2024
Announcements / March 06, 2024
167 Bennett Jones lawyers have been recognized for their legal expertise in the 2024 edition of the Canadian Legal Lexpert Directory.
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Dominique Hussey Welcomes Justice Moreau to Supreme Court of Canada
Announcements / February 20, 2024
Dominique Hussey spoke at the Supreme Court of Canada's official welcome ceremony for the Honourable Mary T. Moreau. Justice Moreau's appointment marks the first time in the Supreme Court's 148-year history that women have held a majority on the bench.
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Chambers Global Ranks Bennett Jones Lawyers in 2024 Edition
Announcements / February 15, 2024
Bennett Jones has 49 lawyer rankings across 19 practice areas in Chambers Global 2024. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering 49 detailed rankings and insight into the world's leading lawyers.
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Twenty-Three Bennett Jones Lawyers Recognized in 2024 Lexpert ALM 500 Directory
Announcements / January 22, 2024
Twenty-three Bennett Jones lawyers are recognized in the 2024 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
The Lexpert/ALM 500 Directory profiles the most frequently recommended lawyers across Canada in approximately 35 practice areas identified via an extensive, annual peer survey. Lexpert produces the Directory in collaboration with American Lawyer Media.
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Leading Through a New Era in the Legal Profession
In The News / January 16, 2024
Dominique Hussey appears live on BNN Bloomberg to discuss her new role as Chief Executive Officer at Bennett Jones. She talks about priorities for the firm, the impact of AI on intellectual property and the legal profession and what young lawyers should be thinking about as they embark on careers in law.
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WTR: Trademark Litigation Review 2024
Articles / December 12, 2023
Dominique Hussey and Melissa Dimilta co-author the Canada chapter in the first edition of World Trademark Review's Trademark Litigation Review.
This guide casts an expert eye on some of the most pressing issues facing those involved in litigation on both sides of the divide, blending analytic insight with on-the-ground expertise from key regions.
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Winning Strategies for Litigating Before Canadian Courts
Articles / November 24, 2023
Dominique Hussey and Melissa Dimilta write the Canada chapter in the first edition of the WTR Trademark Litigation Review. They look at trademark litigation in Canada at a high level, including causes of action, remedies, evidence and defences.
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Changing of the Guard Bennett Jones Announces New Executive Chair and CEO
In The News / November 16, 2023
The Globe and Mail features Bennett Jones on the front page of its Report on Business section as the firm announces John Mercury as its new Executive Chair and Dominique Hussey as new CEO. They will assume their new roles on January 1, 2024.
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Law.Com on New Leadership at Bennett Jones
In The News / November 16, 2023
Law.Com International reports on John Mercury becoming the new Executive Chair at Bennett Jones and Dominique Hussey as the new CEO, starting January 1, 2024.
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Bennett Jones Announces John M. Mercury as Next Executive Chair and Dominique T. Hussey as Next CEO
Announcements / November 13, 2023
Bennett Jones is pleased to announce that its partners have elected John M. Mercury as the next Executive Chair of the firm and Dominique T. Hussey as the next Chief Executive Officer. They will assume their new roles on January 1, 2024. They will succeed Hugh L. MacKinnon KC, who has served as Chairman and Chief Executive Officer since 2005. "John and Dom are highly experienced in firm leadership and are brimming with skill and energy," says Hugh. "They are among the best in their practice areas and have the capability and determination to seamlessly take Bennett Jones to the next level, all while serving our clients and preserving our timeless culture. The firm and our clients are in great hands."
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Bennett Jones Top Ranked in Chambers Canada 2024
Announcements / September 28, 2023
Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
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Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
Announcements / August 24, 2023
104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
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Dominique Hussey, Melanie Teetaert and Cheryl Woodin in Benchmark's Top 100 Women in Litigation
Announcements / August 03, 2023
This recognition is awarded to leading women litigators in the Canadian legal market, working on some of the most impactful litigation matters.
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How Advocates’ Society President Dominique Hussey Merged Two Paths Into Her Legal Career
In The News / July 31, 2023
Dominique Hussey speaks with Canadian Lawyer about becoming president of the Advocates’ Society and her career journey as a globally-ranked intellectual property lawyer.
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The Advocates' Society Calls for Action on Delay in the Civil Justice System
In The News / July 18, 2023
Dominique Hussey, President of The Advocates’ Society (TAS), talks about its new report Delay No Longer. The Time to Act Is Now with Canadian Lawyer. Among other calls to action, the report urges the federal, provincial, and territorial governments to dedicate resources to the civil and family justice courts, saying the delays are putting Canada on a pathway that will lead to a lack of confidence in the legal system.
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Dominique Hussey New President of Advocates' Society
Announcements / June 27, 2023
Dominique Hussey was welcomed as the new President of The Advocates' Society (TAS) at the End Of Term Dinner on June 23, 2023. TAS is a national professional association for advocates from the bench and bar across Canada. It is the country’s premier provider of advocacy skills training and helps advocates become leaders inside and outside the courtroom. The Society plays a prominent role in contributing to justice reform initiatives and in serving the administration of justice.
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Dominique Hussey Wins McGill Excellence Award as Trailblazer in Law
Announcements / June 23, 2023
Dominique Hussey won the Impact Award at the 6th annual McGill Toronto Excellence ceremony.
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Dominique Hussey Featured in Women in IP Leadership
In The News / June 08, 2023
Dominique Hussey was featured in The Patent Lawyer's May/June 2023 edition of Women in IP Leadership, where she discussed her inspirations, experiences and ideas for equality.
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Dominique Hussey Named in Top 250 Women in IP 2023
Announcements / May 08, 2023
Dominique Hussey has been named one of Managing Intellectual Property’s Top 250 Women in IP in the world for the seventh time.
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Forty Bennett Jones Lawyers Recognized In Benchmark Canada 2023
Announcements / April 26, 2023
Bennett Jones is Highly Recommended in the 2023 Benchmark Canada rankings, with 40 individual lawyers ranked this year—30 Litigation Stars and 10 Future Stars.
Benchmark Litigation's law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists and their clients as well as analysis of the market’s most important cases and firm developments.
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IWD 2023: Workplaces Where Women Thrive
Updates / March 08, 2023
To mark this year's International Women's Day, we are proud to present a candid leadership conversation on the challenges women face in the legal field. Our five office managing partners—Melanie Aitken, Radha Curpen, Dominique Hussey, Pat Maguire and Barbara Stratton—are joined by moderator and Bennett Jones partner, Michelle Yung as they share perspectives from their lived experiences. This discussion highlights the importance of acting purposely to create an workplace where women can thrive.
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Special Events: In Conversation—Workplaces Where Women Thrive
Podcast / March 08, 2023
To mark this year's International Women's Day, we are proud to present a candid leadership conversation on the challenges women face in the legal field. Our five office managing partners are joined by moderator and Bennett Jones partner, Michelle Yung, as they share perspectives from their lived experiences. This discussion highlights the importance of acting purposely to create a workplace where women can thrive.
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Chambers Global Ranks Bennett Jones Lawyers in 2023 Edition
Announcements / March 06, 2023
Bennett Jones has 50 lawyer rankings across 19 practice areas in Chambers Global 2023. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
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Twenty-One Bennett Jones Lawyers Recognized in 2023 Lexpert ALM 500 Directory
Announcements / February 06, 2023
Twenty-one Bennett Jones lawyers are recognized in the 2023 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
The Lexpert/ALM 500 Directory profiles the most frequently recommended lawyers across Canada in approximately 35 practice areas identified via an extensive, annual peer survey. Lexpert produces the Directory in collaboration with American Lawyer Media.
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Trademark Litigation in Canada: WTR's Global Guide 2023
Articles / January 24, 2023
Dominique Hussey and Jeilah Chan co-author the Canada chapter in the seventh edition of World Trademark Review's Trademark Litigation: A Global Guide 2023.
The guide is an indispensable resource for trademark professionals and Dominique and Jeilah tell readers what they need to know about the Canadian landscape
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Bennett Jones Shines In Legal 500 Canada Rankings
Announcements / November 09, 2022
Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
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Bennett Jones Top 10 Trademark and IP Firms in Canada
Announcements / August 25, 2022
Bennett Jones has been recognized in the Top 10 Trademark Firms and IP Practices in The Trademark Lawyer Magazine Law Firm Rankings 2022.
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Field Trip Closes Spin-Out of Drug Development and Clinics Businesses Under Plan of Arrangement
Client Work / August 24, 2022
Bennett Jones acted as lead counsel to Field Trip Health Ltd. in the spin-out of its drug development and medical clinics businesses into two independent public companies, Reunion Neuroscience and Field Trip Health & Wellness, by plan of arrangement.
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Dominique Hussey and Cheryl Woodin in Benchmark's Top 100 Women in Litigation
Announcements / August 03, 2022
Dominique Hussey and Cheryl Woodin are named in Benchmark Litigation's Top 100 Women in Litigation.
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Lexpert’s Leading Canadian Tech and Health Lawyers
Announcements / June 20, 2022
Twenty-two Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Tech and Health Lawyers. The issue profiles Lexpert-ranked lawyers in business-related litigation and appears in June’s Report on Business Magazine in the Globe and Mail.
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Dominique Hussey Named in Top 250 Women in IP 2022
Announcements / June 02, 2022
Dominique Hussey has been named one of Managing Intellectual Property’s Top 250 Women in IP in the world for the sixth time.
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Stakeholder Consultation on Food Labeling
Blog / May 31, 2022
Health Canada and the Canadian Food Inspection Agency (CFIA) are currently seeking feedback on the development of voluntary guidance for providing information for foods that are sold to consumers through e-commerce.
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Dominique Hussey on Attracting, Retaining and Championing Diverse Advocates
Speaking Engagements / May 05, 2022
Dominique Hussey speaks with the Commercial Litigation Practice Group at the Advocates' Society 2022 Diversity & Inclusion Lunch, with a focus this year on attracting, retaining, and championing diverse advocates.
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Canadian Justice on Patent Laws in Canada
In The News / May 03, 2022
Dominique Hussey appears on The News Forum's legal affairs show Canadian Justice to discuss the intricacies and real-world application of patent laws in Canada. Dom joins Ron Foxcroft—inventor of the Fox 40 Whistle and CEO of Fox 40 International—and Peter Henein, partner at Waddell Phillips.
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Bennett Jones Highly Recommended in Benchmark Canada 2022
Announcements / April 28, 2022
Bennett Jones is Highly Recommended as a firm in the 2022 Benchmark Canada rankings, with 38 individual lawyers ranked this year—30 are Litigation Stars, with 5 ranked as a Top 50 Trial Lawyer, and 8 are Future Stars.
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Twenty-Four Bennett Jones Lawyers in 2022 Lexpert/ALM 500 Directory
Announcements / January 06, 2022
Twenty-four Bennett Jones lawyers are recognized in the 2022 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
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Dominique Hussey and Jeilah Chan in WTR's Trademark Litigation 2022
Articles / December 30, 2021
Dominique Hussey and Jeilah Chan authored the Canada chapter in World Trademark Review's Trademark Litigation: A Global Guide 2022.
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Bennett Jones: "Top Tier" in Chambers Canada 2022
Announcements / September 16, 2021
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 111 lawyer rankings in Chambers Canada 2022. Bennett Jones has 8 Band 1 practice rankings and 14 Band 1 lawyer rankings in this year's guide.
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Dominique Hussey Receives Chambers Canada 2021 Law Firm Leaders Award
Announcements / September 10, 2021
Dominique Hussey received the inaugural Law Firm Leaders Award in the Chambers Canada Awards 2021. The awards are based on research and client feedback gathered for the 2022 edition of Chambers Canada.
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Bennett Jones' Best Lawyers in Canada 2022
Announcements / August 26, 2021
146 Bennett Jones lawyers have been recognized across 48 practice areas in the Best Lawyers in Canada 2022 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
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Dominique Hussey and Cheryl Woodin: Top 50 Women in Canada
Announcements / August 05, 2021
Dominique Hussey and Cheryl Woodin were named in Benchmark Litigation's Top 50 Women in Canada for 2021.
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Dominique Hussey a Finalist for Canadian Patent Litigator of the Year
Announcements / July 29, 2021
Dominique Hussey is a finalist in the 2021 LMG Life Sciences Awards North America for Canadian Patent Litigator of the Year.
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Dominique Hussey a 2021 Top 250 Women in IP
Announcements / June 23, 2021
Dominique Hussey has been named one of Managing Intellectual Property’s Top 250 Women in IP in the world for the fifth time.
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22 Bennett Jones Lawyers in Lexpert's Special Edition on Health Sciences
Announcements / June 11, 2021
Twenty-two Bennett Jones lawyers are ranked in the 2021 Lexpert Special Edition on Health Sciences.
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Bennett Jones Highly Recommended in Benchmark Canada 2021
Announcements / May 04, 2021
Bennett Jones is Highly Recommended as a firm in the 2021 Benchmark Canada rankings, with 37 individual lawyers ranked this year—29 are Litigation Stars, 8 are Future Stars and 5 are Top 50 Trial Lawyers.
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159 Lawyers in Canadian Legal Lexpert Directory
Announcements / April 29, 2021
159 Bennett Jones lawyers have been ranked in the annual edition of The Canadian Legal Lexpert Directory. 26 are in the highest category of Most Frequently Recommended.
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Bennett Jones in Chambers Global 2021
Announcements / February 21, 2021
Bennett Jones has 51 lawyer rankings in 18 practice areas in Chambers Global 2021. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
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Dominique Hussey Appointed to The BlackNorth Initiative Board of Directors
Announcements / January 27, 2021
Dominique Hussey has been added to the Board of Directors of The BlackNorth Initiative. The initiative was created by The Canadian Council of Business Leaders Against Anti-Black Systemic Racism to combat anti-Black systemic racism in corporate Canada.
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Dominique Hussey and Jeilah Chan in WTR's Trademark Litigation 2021
Articles / January 14, 2021
Dominique Hussey and Jeilah Chan authored the Canada chapter in World Trademark Review's Trademark Litigation: A Global Guide 2021.
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World Trademark Review: Legislative Framework and Causes of Action
Articles / January 08, 2021
Dominique Hussey and Jeilah Chan write in the World Trademark Review on legislative framework and causes of action.
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Twenty-Five Bennett Jones Lawyers in Lexpert/ALM 500 Directory
Announcements / December 17, 2020
Twenty-five Bennett Jones lawyers are recognized in the 2021 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
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Precedent Magazine on How Dominique Hussey Rose to the Top
In The News / December 01, 2020
Dominique Hussey is featured in Precedent Magazine on her legal career, life and becoming Toronto Managing Partner at Bennett Jones.
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40 Bennett Jones Lawyers in Lexpert's Special Edition on Litigation
Announcements / November 26, 2020
Forty Bennett Jones lawyers are ranked in the 2020 Lexpert Special Edition – Canada's Leading Litigation Lawyers. This annual feature profiles Lexpert-ranked lawyers in business-related litigation and appears in the December issue of the Globe and Mail’s Report on Business Magazine.
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Dominique Hussey on Paths to Leadership
In The News / September 11, 2020
Dominique Hussey talks about her path to leadership as Toronto Managing Partner at Bennett Jones in a Transforming Women's Leadership feature story. The article looks at how Dom's career, "is an excellent [...]
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Bennett Jones is Recognized in Chambers Canada 2021
Announcements / September 10, 2020
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 115 lawyer rankings in Chambers Canada 2021.
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Zoom In: A Conversation with Dominique Hussey
In The News / September 03, 2020
Dominique Hussey is featured in a one-on-one interview in The Advocates' Society (TAS) Summer 2020 issue of Advocacy Matters. Dom talks about her role as Toronto Managing Partner of Bennett Jones, why [...]
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Canadian Patents, Trademarks, and Industrial Designs: Final Extension of Deadlines in Response to the COVID-19 Pandemic
Blog / August 07, 2020
In response to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has extended many (but not all) patent, trademark, and industrial design deadlines that ordinarily fall in a period beginning on March 16, 2020. In recent months, CIPO has incrementally extended the end date of this period. CIPO, however, has now made a final extension of the end date of this period to August 21, 2020.
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Dominique Hussey Co-Chairs Privilege: A Litigator's Guide
Speaking Engagements / June 16, 2020
Dominique Hussey is a co-chair and moderator at The Advocates’ Society program on Privilege: A Litigator's Guide. The webcast will look at how litigators must be well-versed in how to protect privilege [...]
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21 Bennett Jones Lawyers in Lexpert's Agribusiness and Cannabis 2020
Announcements / June 10, 2020
21 Bennett Jones lawyers are ranked as leaders in agribusiness and cannabis law in the Lexpert Special Edition: Agribusiness and Cannabis 2020.
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Bennett Jones’ 2020 MIP IP STARS
Announcements / June 01, 2020
Three members of Bennett Jones’ Intellectual Property team are Managing Intellectual Property IP Stars for 2020
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Bennett Jones in WTR 1000
Announcements / June 01, 2020
Six members of Bennett Jones are ranked in World Trademark Review’s World Trademark Review 1000.
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Fifteen Bennett Jones Lawyers in Lexpert's Special Edition on Technology
Announcements / May 13, 2020
Fifteen Bennett Jones lawyers from the firm's Calgary, Edmonton, Toronto and Vancouver offices are featured in Lexpert's Special Edition: Technology.
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Law Times on Dominique Hussey: New Vice Chair and Toronto Managing Partner
In The News / May 13, 2020
Law Times interviews Dominique Hussey on being appointed Vice Chair and Toronto Managing Partner at Bennett Jones. Dominique comments on her experience as an intellectual property litigator, the firm’s culture, its focus on client service and her leadership style.
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The Lawyer’s Daily: Dominique Hussey New Vice Chair and Toronto Managing Partner
In The News / May 13, 2020
The Lawyer’s Daily reports on Dominique Hussey being appointed Vice Chair and Toronto Managing Partner at Bennett Jones.
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Dominique Hussey New Vice Chair and Toronto Managing Partner at Bennett Jones
Announcements / May 12, 2020
Bennett Jones is pleased to announce the appointment of Dominique Hussey to Vice Chair and Toronto Managing Partner. Dominique leads the Intellectual Property Litigation Practice Group at Bennett Jones and is co-head of the firm’s Innovation, Technology and Branding practice group. She has served as the Lead Director of the firm's Partnership Board for the past four years.
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Health Canada Provides Update to Cannabis Licence Holders on Temporary COVID-19 Relief Measures
Blog / May 08, 2020
On April 30, 2020, Health Canada announced the extension of temporary relief measures, initially announced on March 24, 2020, for Canadian licence holders in connection with the COVID-19 pandemic, as well as some new temporary relief and guidance. The relief measures have now been extended to June 30, 2020.
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COVID-19 Medical Devices: Fast-Tracking Authorizations
Blog / May 07, 2020
As a result of the COVID-19 pandemic, protective medical equipment including masks and gowns, and medical devices for use in testing and treating COVID-19 patients are in high demand. Manufacturers of these medical devices are attempting to scale up production in the face of supply shortages while industry and government are innovating to address the issue.
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COVID-19: What Deadlines Apply for the Protection of Intellectual Property Rights Now
Blog / April 29, 2020
Among the many matters the COVID-19 outbreak has disrupted, it has become more challenging for some IP-owners to abide by the strict procedures and deadlines for protecting their intellectual property [...]
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Dominique Hussey Wins Outstanding Patent Practitioner for Americas
Announcements / March 27, 2020
Dominique Hussey was named the Outstanding Practitioner in Patent Law by Managing IP in their Americas Awards 2020.
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COVID-19: What Deadlines Apply for the Protection of Intellectual Property Rights Now?
Blog / March 20, 2020
Among the many matters the COVID-19 outbreak has disrupted, it has become more challenging for some IP-owners to abide by the strict procedures and deadlines for protecting their intellectual property [...]
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Bennett Jones in Chambers Global 2020
Announcements / February 13, 2020
Bennett Jones has 50 lawyer rankings in 17 practice areas around the world in Chambers Global 2020.
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Twenty-three Bennett Jones Lawyers in Leading 500 in Canada
Announcements / December 13, 2019
Twenty-three Bennett Jones lawyers are recognized in The 2020 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
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Bennett Jones: Canada’s Leading Litigation Lawyers
Announcements / November 29, 2019
Thirty-five Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Litigation Lawyers.
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Bennett Jones is Top-Tier in The Legal 500
Announcements / November 18, 2019
Bennett Jones has been recommended as a Top-Tier firm in 5 practice areas in The Legal 500 Canada 2020 guide.
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FTC Crackdown on Health Claims for CBD Products and the Canadian Side of the Story
Blog / September 19, 2019
The U.S. Federal Trade Commission (FTC) announced last week it had sent warning letters to three companies advertising cannabidiol products with unproven claims that their products were able to treat [...]
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Bennett Jones' Leading Lawyers in Chambers Canada 2020
Announcements / September 19, 2019
Bennett Jones has been recognized as one of Canada’s leading law firms with over 100 recognized practitioners nationally in Chambers Canada 2020.
Here are a few things clients have said:
“The [...]
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Best Practice in Litigation Strategies: Global Perspectives
Articles / August 01, 2019
Dominique Hussey, Jeilah Chan and other trademark experts from around the world offer practical guidance on how to maximize the chances of litigation success in their jurisdiction. Published by World Trademark Review.
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Dominique Hussey a Top 250 Women in IP for Fourth Year in a Row
Announcements / May 24, 2019
For the fourth year running, Dominique Hussey has been named one of Managing Intellectual Property’s Top 250 Women in IP in the world.
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Bennett Jones in Chambers Global 2019
Announcements / February 14, 2019
Bennett Jones has 48 lawyer rankings in 15 practice areas around the world in Chambers Global 2019.
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Bennett Jones Continues to Impress in WTR 1000 Rankings
Announcements / January 31, 2019
Bennett Jones continues to be recognized for its world-class trademark lawyers in the 2019 edition of World Trademark Review 1000–The World’s Leading Trademark Professionals.
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Bennett Jones—Lexpert’s Leading Canadian Litigation Lawyers
Announcements / November 29, 2018
27 Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Litigation Lawyers. The issue profiles Lexpert-ranked lawyers in business-related litigation and appears in December’s Report on Business Magazine in the Globe and Mail.
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Bennett Jones in Who’s Who Legal: Canada 2018
Announcements / November 01, 2018
64 Bennett Jones lawyers are ranked in 19 areas of Who’s Who Legal: Canada 2018. The guide identifies the foremost legal practitioners in multiple areas of business law for their annual publication.
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Concordia International Corp. Completes US$4 Billion Recapitalization
Articles / September 06, 2018
Concordia International Corp. (TSX: CXR), an international specialty pharmaceutical company focused on becoming a leader in European specialty, off-patent medicines, completed the recapitalization of approximately US$4 billion of secured and unsecured debt in September 2018 pursuant to a plan of arrangement under the Canada Business Corporations Act (CBCA).
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Hot Opportunities in Cannabis 2.0
Articles / June 06, 2018
Ranjeev Dhillon, Dominique Hussey and Aaron Sonshine authored "Hot opportunities in Cannabis 2.0" in The GrowthOp. New wave of business opportunities outside of cannabis production is starting to roll through the industry. Two areas are particularly hot—non-plant touching, and edibles and concentrates.
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Trends Canadian cannabis companies need to know
Articles / June 06, 2018
Ranjeev Dhillon, Dominique Hussey and Aaron Sonshine authored "Trends Canadian cannabis companies need to know" in The GrowthOp. Canada is the clear world leader in the cannabis sector today. No other developed country has the same combination of expertise, well-funded companies, and a soon-to-be legal, national market.
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Dominique Hussey a Top 250 Women in IP for Third Year Running
Announcements / May 01, 2018
For the third year in a row, Dominique Hussey has been named one of the Top 250 Women in IP in the world. Managing Intellectual Property released its 2018 edition of IP STARS and Dominique is included once again for Canada. Top 250 Women lists the world’s leading female IP practitioners who have performed exceptionally for their clients and firms in the past year.
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Four Bennett Jones Lawyers 2018 MIP IP STARS
Announcements / April 19, 2018
Four member of the Bennett Jones Intellectual Property team are Managing Intellectual Property IP Stars for 2018. Martin Kratz and Dominique Hussey are honoured in both of the following categories...
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Expert Evidence and Witness Conferencing 2018
Speaking Engagements / April 10, 2018
Andrew Little presents on a panel that also includes Bennett Jones partner Dominique Hussey to tribunal members conducting hearings under a provincial statute.
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Dominique Hussey Elected Lead Director of Bennett Jones' Board of Directors
Announcements / February 07, 2018
Bennett Jones is pleased to announce that Dominique Hussey has been elected Lead Director of the firm’s Board of Directors.
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Bennett Jones "Packed to the Rafters" in WTR 1000 Rankings
Announcements / January 31, 2018
Bennett Jones is recognized for having some of the best trademark lawyers in the world in the World Trademark Review 1000 – The World’s Leading Trademark Professionals rankings for 2018. The WTR 1000 says that, “Longstanding clients are wowed time and time again by the level of support that Bennett Jones provides . . . (the firm is) packed to the rafters with business-conscious lawyers who are “always succinct and to-the-point in their advice” and never lose sight of long-term objectives.”
Dominique Hussey, Jeilah Chan and Martin Kratz are all individually ranked in both the Enforcement and Litigation and the Prosecution and Strategy categories.
Martin is also individually ranked in the Transactions category.
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World Trademark Review: Trademark Litigation: A Global Guide 2018
Articles / January 09, 2018
Dominique Hussey and Jeilah Chan wrote the Canadian chapter in World Trademark Review’s Trademark Litigation: A Global Guide 2018. They look at the legislation, decisions, key trends and developments companies should know about Canada’s system of trademark enforcement. This includes:
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Bennett Jones Featured in The American Lawyer: Cannabis in Canada
Announcements / November 15, 2017
Ranjeev Dhillon, Dominique Hussey and Aaron Sonshine are featured in The American Lawyer’s look at what’s hot in Canada. ALM looks at how Canadian lawyers are helping clients prepare for the legalization and regulation of cannabis in July 1, 2018.
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Intellectual Property Meets Real Property: Recent Copyright Infringement Cases
Blog / November 02, 2017
Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property.
In the first, the Ontario Court of Appeal determined who owned copyright in land [...]
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Bennett Jones and Global Public Affairs Host Round Table on the State of Canadian Politics on Cannabis
Blog / October 12, 2017
On October 11, Bennett Jones LLP and Global Public Affairs, a leading public affairs firm, hosted a luncheon round table to discuss the House of Commons Health Committee hearings that were recently held [...]
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Open Court Principle Means No Secret Proceedings If They Would Directly Affect a Competitor's Rights
Blog / September 29, 2017
Courts in Canada are presumed to be open and accessible to the public. Although a party’s commercial interests can be protected, a court will not grant a confidentiality order if doing so would [...]
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Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant
Blog / September 22, 2017
The cost of litigation can be a non-starter for an intellectual property owner with a strong infringement case. Litigation funding enterprises can help where the cost of litigation means the difference [...]
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Pharma and Biologic Disputes in Canada – New Regulations Take Effect September 21, 2017
Blog / September 14, 2017
Pharma and biologics manufacturers will soon have big decisions to make regarding their pharmaceutical and biological product strategy in Canada. On September 6, 2017, the Governor General in Council, [...]
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A Practitioner's Guide to Commercial Arbitration 2017
Articles / September 01, 2017
Dominique Hussey and Will Bortolin co-authored Chapter 12 "Stepping into the Hot Tub: Concurrent Expert Evidence in Commercial Arbitration" in "A Practitioner's Guide to Commercial Arbitration".
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Stand and Deliver—Federal Court Enforces Trademarks For "Stork" Lawn Signs Announcing New Births
Blog / August 30, 2017
A single product can, in some circumstances, attract more than one form of intellectual property (IP) protection. For example, if functioning as an indicator of source, a product itself can attract trademark [...]
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No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay
Blog / August 18, 2017
Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable [...]
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AT&T's GO PHONE Trademark Registration Saved by Roaming Services Offered in Canada
Blog / August 11, 2017
A recent decision involving an AT&T trademark demonstrates how the global reach of technology businesses can sometimes result in a blurring of markets and make documentation of trademark use [...]
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The Best Defence Is a Good Offence: How to Get Rid of Threatening Trademark Registrations
Blog / August 04, 2017
In Ontario cottage country, locals have been confronted with the registration of the trademark HALIBURTON, the name of the county in which they operate. The registration may threaten uses made by other [...]
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Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada's Global Injunction Unenforceable
Blog / July 28, 2017
The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites [...]
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Dominique Hussey in Bloomberg on Canada's Pharmaceutical IP Rules
In The News / July 26, 2017
Dominique Hussey comments in Bloomberg BNA on draft changes to Canada's patent litigation process for prescription drugs. She points out that the changes create new opportunities and challenges, introduce complexity into the litigation and will raise new procedural and substantive issues that have no precedent. The amendments could take effect as early as September 21, 2017, when the Comprehensive Economic Trade Agreement (CETA) that inspired the changes will be provisionally applied.
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Pharma and Biologics Disputes in Canada—Big Changes for Big and Small Molecule Litigation
Blog / July 20, 2017
The patent litigation that propels generic and biosimilar products to market will soon change dramatically. July 15, 2017, marked the release of long-awaited proposed amendments to the Patented Medicines [...]
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University's Infringing Reproductions Fall Short of Fair Dealing
Blog / July 14, 2017
The fair dealing user right, as an exception to copyright infringement, has its limits. The fact that a use falls within an enumerated purpose under the Copyright Act is no guarantee of immunity from [...]
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Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days
Blog / July 07, 2017
The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide [...]
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Cannabis Legalization and Regulation: What to Expect in Canada and British Columbia
Blog / June 28, 2017
Bennett Jones and Global Public Affairs hosted a sold-out panel discussion on cannabis legalization and regulation on June 20 in Vancouver at the Fairmont Pacific Rim. Dominique Hussey, Bennett Jones [...]
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United Airlines Grounds Complaint Website
Blog / June 28, 2017
A joke does not work if it needs to be explained. While some complaint and parody websites may constitute fair dealing, close copying of trademarks and copyrighted works, combined with mean-spirited commentary, [...]
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Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle
Blog / June 22, 2017
The victory in the fight between two rum competitors demonstrates that unregistered trade dress rights are alive and well in Canada, admissible survey evidence remains a useful tool for proving confusion, [...]
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Cannabis Legalization and Regulation: What to Expect in Canada and British Columbia
Speaking Engagements / June 20, 2017
Bennett Jones and Global Public Affairs held a panel discussion and Q&A in Vancouver on cannabis legalization and regulation, with some of the most knowledgeable and insightful Canadians in this area. Topics that were addressed included:
what's next in the legislative process given the current status of the Cannabis Act
how provinces could approach legalization
the ability of the cannabis industry to supply the anticipated demand
the size of companies from licensed producers to micro or craft growers
Canada’s international obligations and inter-provincial matters
Stakeholders came from a wide range of sectors—including cannabis cultivation, financial services, government, consulting, bioscience and medical cannabis dispensaries.
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Federal Court Strikes Patent Infringement Action Where Plaintiff Could Not Articulate How Its Rights Were Infringed
Blog / June 16, 2017
A patent owner cannot sue in the hopes that the necessary facts to support infringement will emerge during discovery. From the outset, a plaintiff must be able to frame its rights and how those rights [...]
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Tips to Set Your Business up for Successful IP Litigation
Blog / June 09, 2017
Delay in asserting IP rights can be detrimental to obtaining quick injunctive relief, and evidentiary gaps can make your case a non-starter. It is therefore important for a business to be prepared to [...]
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Bennett Jones Shines in IAM Patent 1000
Announcements / June 06, 2017
Bennett Jones once again ranked highly in the sixth edition of IAM Patent 1000—The World’s Leading Patent Professionals—a unique guide that identifies the top patent professionals in key jurisdictions around the globe. The IAM Patent 1000 shines a spotlight on the firms and individuals that are deemed outstanding in this pivotal area of practice.
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US Supreme Court Ruling on Exhaustion of Patent Rights is Welcome News for Canadian Exporters of Refurbished Goods
Blog / June 02, 2017
In the United States, once a patentee has sold its product—whether domestically or internationally—its patent rights in that product are exhausted; the patentee can no longer use patent law [...]
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Dominique Hussey Again Named to Top 250 Women in IP in the World
Announcements / June 02, 2017
Bennett Jones is pleased to announce that Dominique Hussey has once again been named one of the Top 250 Women in IP in the world. Managing Intellectual Property released its 2017 edition of IP STARS and Dominique is included for the second year in a row for Canada. Top 250 Women lists the world’s leading female IP practitioners who have performed exceptionally for their clients and firms in the past year.
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Evidence of Actual Confusion Is Not Determinative in Trademark Infringement Cases
Blog / May 26, 2017
To succeed in a trademark infringement case, a plaintiff must prove a likelihood of confusion—that a casual consumer would likely be confused into thinking the source of the defendant's products [...]
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Unique but Not Distinctive–Colour and Shape Trademark Applications Rejected for Asthma Inhalers
Blog / May 18, 2017
Trademark protection for the shape and colour of pharmaceutical products remains elusive. Even if the appearance of a tablet or inhaler is unique, a trademark registration will be rejected without evidence [...]
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Higher Costs Awards for the Winning Party in Federal Court IP Cases
Blog / May 12, 2017
In Canada, the losing party pays the winner’s litigation costs. For years, costs awards were assessed in accordance with a tariff and were generally inadequate. The Federal Court's recent trend [...]
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IP Trials with Less Tribulation: New Federal Court Guidelines Promote Cooperation and Efficiency
Blog / May 03, 2017
This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried. The new Trial Management Guidelines [...]
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An Obligation to Compensate a Patentee for Infringement May Not End When the Patent Expires
Blog / April 28, 2017
An infringer's liability to compensate a patent owner may not end when the patent expires. The Federal Court has made a novel award of "springboard" profits, requiring an infringer to account for profits [...]
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Just How Predictable Must the Invention Be to Lose Patent Protection? Depends on the Inventive Concept
Blog / April 21, 2017
Only a true invention can be patented; a patent claim to an invention is not valid if the invention was obvious. Assessing obviousness can be thought of as bridging the gap between two cliffs: on one [...]
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Yes—Copying Photographs from the Internet Can Get You into Trouble
Blog / April 12, 2017
Although it happens all the time, reproducing photographs found on the internet for use in business is fraught with risk. Businesses should only copy images where there is clear permission to use [...]
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Yes—Copying Photographs from the Internet Can Get You into Trouble
Publications Section / April 12, 2017
Although it happens all the time, reproducing photographs found on the internet for use in business is fraught with risk. Businesses should only copy images where there is clear permission to use them—or face a substantial damages award.
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Why Brand Owners Need to Keep a Paper Trail
Blog / April 07, 2017
Good evidence wins cases. In a trademark opposition, evidence demonstrating how and for how long a mark has been used in commerce (for example, on hangtags, labels, packaging, signage, invoices and online [...]
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When Will Expert Evidence Be Excluded?
Blog / March 30, 2017
Experts play an important role in IP litigation, but the court will carefully consider whether the proposed expert evidence is necessary to assist the trial judge and has demonstrated an increasing willingness [...]
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Four Bennett Jones Practices Ranked Band 1 by Chambers Global 2017
Announcements / March 16, 2017
The 2017 Chambers Global Rankings are out and Bennett Jones is once again noted as a top-ranked law firm. Forty-nine lawyers in 25 practice areas are recognized in the publication. Of particular note are the four practices and nine lawyers recognized in Band 1.
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Canada - Trademark Litigation 2017
Articles / December 19, 2016
Dominique Hussey, Trent Horne and Jeilah Chan authored the Canada chapter of World Trademark Review's Trademark Litigation 2017.
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Chambers Practice Guides Life Sciences
Articles / November 25, 2016
Martin P.J. Kratz, Dominique T. Hussey, Emily P. Kettel and Melissa M. Dimilta, " Chambers Practice Guide: Life Sciences, Canada Chapter," Chambers Canada, 2017.
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Award Winning Women of Bennett Jones
Announcements / November 10, 2016
Seven of Bennett Jones' extremely talented and accomplished women lawyers have recently been honoured with leadership awards and high-profile features in the media.
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Dominique Hussey in National Post Top 250 Global IP StarsPublication or News and Event
In The News / June 06, 2016
Dominique Hussey appears in the Legal Post's story on Managing Intellectual Property magazine’s list of 250 top IP Stars from around the world. Dominique was one of seven Canadian female practitioners honoured with this recognition.
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Dominique Hussey named to Top 250 Women in IP in the world
Announcements / May 24, 2016
Bennett Jones is pleased to announce that Dominique Hussey has been named one of the Top 250 Women in IP in the world. Managing Intellectual Property released its 2016 edition of IP STARS and Dominique is one of only seven female IP practitioners included for Canada. This is the first year the Top 250 includes accomplished women in IP from around the globe.
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Two Bennett Jones Lawyers Recognized as Outstanding Canada IP Practitioners for 2016
In The News / March 30, 2016
Managing Intellectual Property identified 6 "Outstanding Canada IP Practitioners" for 2016. Bennett Jones had more lawyers recognized than any other firm and had 2 of the 6 so honoured: Dominique Hussey, Head, IP Litigation and Martin Kratz, Head, Intellectual Property.
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Bennett Jones Counters IP Criticisms of TPP in The Bottom Line
In The News / February 08, 2016
Milos Barutciski and Dominique Hussey counter Canadian critics of the intellectual property provisions in the Trans-Pacific Partnership (TPP) agreement in The Bottom Line's story "Sweeping trade deal sparks new questions."
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Bennett Jones Counters IP Criticisms of TPP
In The News / December 11, 2015
Milos Barutciski and Dominique Hussey counter Canadian critics of the intellectual property provisions in the Trans-Pacific Partnership (TPP) agreement. Milos and Dominique are featured in The Lawyers Weekly story, "Sweeping Trade Deal Sparks New Intellectual Property Questions."
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Just Perfect: Compensatory Patent Damages in Apotex Inc v Merck & Co, Inc
Blog / July 29, 2015
The Federal Court of Appeal has decided that when computing compensatory damages for patent infringement, the availability of a non-infringing alternative is now a legally relevant consideration that [...]
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Health Canada Proposes Changes to the List of Recognized Standards for Medical Devices
Blog / June 16, 2015
Changes affecting the approval of medical devices are coming. On May 6, 2015, Health Canada released a draft List of Recognized Standards for medical devices for stakeholder consultation.
The consultation [...]
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Is the Competition Bureau Targeting You? New IP Enforcement Guidelines
Blog / June 12, 2015
On June 9, 2015, the Canadian Competition Bureau released updated draft Intellectual Property Enforcement Guidelines (IPEGs) for public comment. The comment period is open until August 10, 2015. It is [...]
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Ready, Set, Litigate!
Speaking Engagements / May 13, 2015
Dominique Hussey co-chairs the Advocates' Society Ready, Set, Litigate! program with Robert Centa and moderates a panel of judges that included Justice Lemon, Justice Myers and Justice Zinn.
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Patent Law in Light of The Comprehensive Economic and Trade Agreement
Speaking Engagements / May 01, 2015
Martin Kratz and Dominique Hussey are speakers for the Knowledge Group's Patent Law in Light of The Comprehensive Economic and Trade Agreement webinar.
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Where Genes and Patents Meet – Challenges for Health
Speaking Engagements / March 28, 2015
Dominique Hussey presents "Where Genes and Patents Meet – Challenges for Health" for the Osgoode Hall LL.M. Intellectual Property LLM Program Class and the Intellectual Property Challenges in the Digital Era in the 21st Century.
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The Top 5 Trends in Canadian Intellectual Property Law for 2015
Blog / March 03, 2015
Last year promised significant changes in Canadian IP law; some of which will be realized in 2015. As the first quarter draws to a close, this year's trends in IP law are emerging. Canada's international [...]
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SCOTUS Changes the Rules for Patent Claim Construction on Appeal
Updates / January 29, 2015
For almost 100 years, Canadian Courts have consistently held that the interpretation of a patent claim is a question of law. In almost every context, questions of law are reviewed on a de novo basis, without deference. As the Canadian courts of appeal routinely describe claim construction purely as a "question of law,"1 in practice it is unclear whether the factual findings of the trial judge are afforded deference in claim construction (for example, in the assessment of the common general knowledge that informs the meaning of claim terms). In light of the United States Supreme Court opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.2 and recent developments in Canadian law, this principle is ripe for reconsideration in Canada.
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Crossing Borders: IP Litigation in the U.S. and Canada
Speaking Engagements / April 17, 2014
Today's business environment is increasingly multinational. A growing number of Canadian businesses have operations in, or are contemplating expansion into, the United States. As such, for legal practitioners, it is becoming more and more valuable to be able to inform clients regarding cross-border issues. Emily Kettel is the moderator of this webinar while Dominique Hussey is one of the speakers. The webinar is presented by the Intellectual Property Institute of Canada.
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Copyright – Parody: Sense of Outrage Replaced by Sense of Humour: Copyright Modernization Act Throws Parodists a Funny Bone
Articles / December 17, 2013
Dominique T. Hussey, "Copyright – Parody: Sense of Outrage Replaced by Sense of Humour: Copyright Modernization Act Throws Parodists a Funny Bone," Intellectual Property Journal, Federated Press, Volume XVII, No. 4.
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Osgoode Hall Law School Health Law LLM Program December 2013
Speaking Engagements / December 06, 2013
Martin Kratz is the instructor at the Intellectual Property Law course in the Health Law LLM program offered by Osgoode Hall Law School. Also, Dominique Hussey presents “Stakes and Stakeholders: An examination of the issues in Canadian Drug Patent Law”, and Michael Whitt presents “Software, Systems and Services in Health care: Current challenges and future trends” as guest speakers. Osgoode Hall Law School's LLM programs are among Canada's advanced legal education programs.
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The Canadian Institute's 12th Annual Forum on Pharma Patents: Practical Strategies for Prosecuting and Litigating Pharmaceutical Patents
Speaking Engagements / October 29, 2013
Dominique Hussey presented on Data Protection in Canada.
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Introduction to Intellectual Property: Theoretical Frameworks 2013
Speaking Engagements / September 19, 2013
Martin Kratz teaches Osgoode Hall Law Schools'
Intellectual Property LLM course, Introduction to Intellectual Property:
Theoretical Frameworks. In addition, Dominique Hussey speaks as an invited guest lecturer on the subject of
Drug Patents. Osgoode Hall Law Schools' Intellectual Property LLM
course is Canada's national advanced IP education program.
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CBA IP DAY 2013 - 24th Annual Federal Courts Judges' Dinner
Speaking Engagements / May 23, 2013
Dominique Hussey co-chaired CBA IP DAY 2013 - 24th Annual Federal Courts Judges' Dinner May 23, 2013 (Ottawa, ON) – CPD: When Time is of the Essence - Getting a Quick Result.
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Congratulations to our Lexpert Rising Stars Dominique Hussey and Jason Roth
Announcements / December 03, 2012
Bennett Jones is very proud to announce that partners Dominique Hussey and Jason Roth have been honoured as "Rising Stars – Leading Lawyers Under 40" by Lexpert Magazine.
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The Supreme Court of Canada VIAGRA Case: 5 Messages Technology Businesses Should Receive
Updates / November 12, 2012
In a unanimous decision, the Supreme Court of Canada has provided valuable guidance to patent agents and litigators as to how Canadian patents will be read and enforced (Teva Canada Limited v Pfizer Canada Inc, 2012 SCC 60).
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BJU Substantive Series: Intellectual Property Law - What Businesses Need to Know
Bennett Jones Academy Events / June 07, 2012
Join Bennett Jones and our experienced panel for a discussion on: what every business needs to know about trademarks, patents, copyright and trade secrets to capitalize in IP assets; how to secure appropriate protection of IP assets and contain risk; and important court decisions and recent judicial trends.
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19 Bennett Jones Lawyers Recognized in Benchmark Canada
In The News / February 27, 2012
19 of Bennett Jones' lawyers have been recognized
in Legal Media Group's 2012 Benchmark Canada. The "local litigation
star" recognition reflects individuals who were consistently recommended as
reputable and effective litigators by clients and peers and "future star"
reflects those who were consistently referenced by peers and clients as
litigators who are likely to become "local litigation stars" in future editions
of the guide.
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You Haven't Registered Your Trademark? Ten Things You (or Your Client) Should Know
Updates / September 06, 2011
Excellent branding is a critical part of your business. It allows you to distinguish your product and service from those of your competitors. Be it a word, a logo or a unique shape or design of a product or package, your trademark symbolizes your reputation and sets your business apart; when your customers see it, they know they need look no further. Selecting and registering a trademark can help you gain brand recognition, increase your sales and develop loyal customers and clients. Experienced trademark counsel can guide you at each step.
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2011 Spring Advocacy Program
Speaking Engagements / May 05, 2011
The Art of Cross-Examination, Dominique co-chaired.
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May 2011 Advocates' Society Mentoring Dinner
Speaking Engagements / May 01, 2011
Take the High Road Home Mentoring Dinner, Dominique Mentored.
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Framing A More Appealing Notice
Articles / January 06, 2011
You fought the good fight, but lost. Clearly, a serious error was made—and not by you. Now that you have decided to appeal, your first task is to pick up the pen and give notice of your intention to the other side and to the Court, explaining the grounds for your position.
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The Advocates' Society – Questioning Techniques Workshop
Speaking Engagements / March 05, 2010
Immigration and Refugee Board of Canada - Dominique Hussey presented.
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Pharma Patents – 8th Annual Forum
Speaking Engagements / October 29, 2009
Cutting Edge Legal Analysis To Strengthen Your Pharma Patent Strategy - Coming Clean on Disclosure: What You Need to Know About Recent Developments in the Law
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The Advocates' Society – Junior Counsel Series: Ready, Set, Litigate
Speaking Engagements / October 07, 2009
Dominique Hussey acted as Co-Chair/Moderator.
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Drug Patents and Legal Forum – 8th Edition
Speaking Engagements / May 28, 2009
Supreme Court of Canada PLAVIX Decision: The Aftermath (Generic Perspective)
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The Canadian Bar Association
Speaking Engagements / April 30, 2009
Advocacy Before The Federal Court in Intellectual Property Matters – Appeal Proceedings - Framing the Appeal
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The Advocates' Society – Civil Litigation Skills Certificate Program
Speaking Engagements / January 27, 2009
Cross-examination: Crucial Strategies and Techniques
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Euro-Excellence Inc. v. Kraft Canada Inc., 2007 SCC 37
Articles / July 26, 2007
Published in the IPIC Bulletin Vol. 284, July/August 2007.
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Bennett Jones Announces Eleven New Partners
Announcements / March 27, 2007
Bennett Jones welcomes the following lawyers into the
partnership: Derek Bell, Stephen Burns, Andrea Froese, Alan Gardner, Dominique
Hussey, Andrew Kingsmill, Jason Marino, Sian Matthews, Thomas McInerney,
Jean-Pierre Pham, and Raj Sahni.
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Intellectual Property Institute of Canada – 41st Spring Meeting
Speaking Engagements / March 26, 2007
Validity Attacks: What's New in Anticipation/Obviousness/Claims Broader/Good Faith
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Canada's Balancing Act
Updates / March 13, 2007
Published in the 2007 Lexpert/ALM Guide to the
Leading 500 Lawyers in Canada, ©Thomson Carswell.
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Black Law Students' Association of Canada – 16th Annual National Conference
Speaking Engagements / February 23, 2007
Creating a New Reality: A Commitment to the Law, Our Community and Ourselves Session #4: Articling & Associate Career Options Part 1
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Teva v Pfizer: Creating an Uncertain Future for Generic Companies by De-Modernising the Medicare Modernization Act
Updates / July 01, 2005
"Teva v Pfizer: Creating an Uncertain Future for Generic Companies by De-Modernising the Medicare Modernization Act". Journal of Generic Medicines, Vol. 2, No. 4, July 2005, pp. 350-359 (10).
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Intellectual Property Institute of Canada – 78th Annual Meeting
Speaking Engagements / October 16, 2004
Comparative Legal Approaches in Current IP Issues: Canada, the U.S., Europe and Asia - Patent Medicines and the Generics: An Update for Canada and Abroad
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Comparing Notes: Selected Current Issues in Drug Patent Listing and Litigation in Canada and the United States
Updates / July 01, 2003
“Comparing Notes: Selected Current Issues in Drug Patent Listing and Litigation in Canada and the United States” 1 Canadian Intellectual Property Law Review 37.
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