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Summarize

Melissa Dimilta is an experienced intellectual property litigator and strategist. Melissa advises clients on all types of intellectual property including, patents, trademarks, copyrights and industrial design, and on life science regulatory issues.

Overview

Melissa practices in all areas of intellectual property law, assisting clients across a broad spectrum of industries—including pharmaceuticals, biotechnology, food, medical devices, consumer products, agriculture, retail, and luxury goods—with a particular emphasis on Health Canada regulated sectors.

Melissa has extensive experience resolving and litigating intellectual property disputes, with a focus on patent and trademark litigation. She is recognized for her significant expertise in proceedings under the Patented Medicines (Notice of Compliance) Regulations and has represented clients before the Federal Court, Federal Court of Appeal, the Ontario Courts, as well as the Trademarks Opposition Board.

Melissa’s practice includes advising clients on all aspects of intellectual property law, including patent, trademark, copyright, and industrial design matters. She is deeply involved in trademark prosecution and opposition proceedings, and provides strategic guidance on portfolio management, commercialization, and enforcement of intellectual property rights.

In addition to her litigation and advisory work, Melissa assists clients in Health Canada regulated industries with regulatory compliance, product regulation, and navigating the complex intersection of intellectual property and regulatory frameworks. Her experience involves advising clients on advertising, marketing, packaging, labelling and regulatory matters pertaining to pharmaceuticals, biologics, legal cannabis, medical devices and natural health products.

She is a member of the Advocates' Society, the Intellectual Property Institute of Canada, and the Canadian Bar Association.

Client Work

Amgen Canada Inc. in the first motion to delist a patent under the amended Patented Medicines (Notice of Compliance Regulations) (Bayer Inc v Amgen Canada Inc, 2024 FC 1849)

Amgen Canada Inc. in a judicial review application brought by Bayer Inc. (Bayer Inc. v Amgen Canada Inc., 2025 FC 107 aff'd 2025 FCA 142)

Amgen Canada Inc. on a motion to compel samples brought by Bayer Inc. and Regeneron Pharmaceuticals Inc. (2025 FC 264)

Amgen Canada Inc. in five different actions brought by Bayer Inc. and Regeneron Pharmaceuticals Inc. under the Patented Medicines (Notice of Compliance Regulations) related to the drug aflibercept

Alexa Translations in its trademark infringement action against Amazon.com

Biosteel Inc. and D.C. Holdings Ltd. on a motion seeking an interlocutory injunction based on a claim for passing off against Cizzle Brands Ltd. and Cizzle Brands Inc.

Recognitions & Awards

The Legal 500 Canada

Key Lawyer, Cannabis

Managing IP

Recognized as a Rising Star – Canada

WTR 1000 The World's Leading Trademark Professionals

Recognized among the top 1000 Trademark professionals in Prosecution and Strategy

Education & Bar Admissions

Education

  • University of Toronto, BSc (Hons), 2007
  • University of Windsor, JD, 2011

Bar Admissions

  • Ontario, 2012