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in its successful defence of a patent infringement action relating to the use of electricity consumption monitoring devices and software

as IP prosecution and litigation counsel in Canada

in Federal Court litigation relating to patents on core orientation devices used in exploration mining

in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million

on a motion to amend pleadings (Scammell v Equitable Bank, 2024 FC 1654)

in its patent infringement action against Reflex Instrument North America and Imdex

in its global intellectual property strategy and risk management, including global IP filing strategies, and global brand enforcement filings and risk analysis

in its defence of a complex patent infringement action relating to the supply of diaper pail refills

in its trademark infringement action against Amazon.com and affiliates relating to Amazon's use of trademarks comprising the word Alexa

in patent litigation brought by Alexion Pharmaceuticals, and in related patent impeachment proceedings, relating to SOLIRIS® (eculizumab)

in H&R Real Estate Investment Trust's acquisition of Primaris Retail Real Estate Investment Trust

in their technology transactions and matters, including their enterprise resource planning (ERP) technology, licensing and intellectual property mandates

in the disposition of ATCO I-Tek and ATCO's Australian IT operations to affiliates of Wipro for aggregate sale proceeds of approximately $210 million

in the negotiation, structuring and other commercial matters relating to ATCO entering into a strategic alliance with Wipro

in the sale of its 50% interest in TechnoFast

in its acquisition of Canadian broadcaster High Fidelity HDTV and its four premium high definition channels

in its acquisition of Canadian broadcaster GlassBOX Television and the Travel+Escape, Bite TV and AUX TV specialty channels

Developed comprehensive document retention policy for SOX compliance

in the patentee's claim for $30 million being reduced to $3 million. Allied Signal v. Dupont Canada (1998) 78 CPR (3d) 129

in successful enforcement of trademark rights relating to souvenir merchandise

in the acquisition of substantially all of its assets by West Corporation

in its acquisition of a 40% interest in Encana Corporation's Cutbank Ridge natural gas assets in Northeastern British Columbia for approximately $2.9 billion

in the enforcement of a gene patent against an infringer, in a landmark decision in the field of biotechnology by the Supreme Court of Canada which confirmed that gene modifications are patentable subject matter

Negotiated a complex license for technology necessary for a next generation aromatics extraction plant in Alberta

in a patent covering a laser eye surgery apparatus, resulting in the dismissal of the action and subsequent appeal

in the possible sale of all or substantially all of the assets of NUCRYST and the consideration of an amalgamation of the NUCRYST with 1499642 Alberta

in the divestment of its frozen vegetable and coated appetizer division to Bonduelle SA and its frozen fruit division to Silver Valley Farms

in the purchase of Ethicon's professional wound care business

in its $150-million acquisition of Certicom

in the acquisition by Schoeller-Bleckmann Oilfield Equipment AG of a majority interest for approximately $40 million

in acquisition by PTTEP Canada Limited of the remaining 60% ownership interest in the Thornbury, Hangingstone and South Leismer oil sands areas

in its restructuring involving incorporating a new foundation and obtained a court ordered transfer of assets and goodwill permitting the 2004 Banff Television Festival to proceed

in obtaining and enforcing judgments for copyright infringement against individual and corporate defendants

the restructuring has included the entering into of a complex source code / object code license arrangement with the founder

in the sale of assets of Westaim's subsidiary, iFire Technology to CTS Group

in the acquisition of Prostar Well Service and Prostar Manufacturing

in its sale process and disposition of their debt and equity interests in the Globalive group of companies in Canada, including Globalive Wireless Management

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Consistently Recommended, Intellectual Property (Calgary, Edmonton and Toronto)

Industry Recognition

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Partner

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

David Wainer

Commercial Transactions Lawyer at Bennett Jones Calgary

Associate

The Office of the Information and Privacy Commissioner of Alberta (the OIPC) recently issued a report (the Report) summarizing the OIPC's recommendations for a framework to regulate the use of artificial intelligence (AI) in Alberta. While these recommendations are not yet law, organizations should consider their potential impact.

Alberta OIPC Issues Report Regarding Responsible AI Governance

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Influencers have become a cornerstone of modern marketing strategies. A social media influencer is an individual who has established credibility, expertise, or a strong personal brand in a specific niche or industry and uses social media platforms to engage with a dedicated audience. Influencers typically have the ability to affect the opinions, behaviours, and purchasing decisions of their followers due to their perceived authenticity, relatability, or authority.

Intellectual Property Law

Overview

Deals That Move Markets

Key Contacts


Bennett Jones Intellectual Property Law We deliver comprehensive intellectual property counsel, helping innovators protect, manage and maximize the value of their ideas worldwide. Key Contacts Dominique T. HusseyChief Executive Officer Edward (Ted) YooPartner, Patent Agent, Trademark Agent Roseann CaldwellPatent Agent Stephen D. BurnsPartner, Trademark Agent Overview Our intellectual property lawyers, patent agents and trademark agents possess deep technical and subject-matter expertise in all areas of intellectual property law. Lawyers in our team have been ranked as leading practitioners in international and national publications, including, Chambers Canada, Benchmark Litigation, Best Lawyers, Managing IP, IAM, Who's Who Legal, Legal 500 and LMG Lifesciences. Deals That Move Markets Our results-oriented approach allows clients to understand their options, mitigate risks and seize opportunities, empowering innovators to maximize the potential of their intangible assets. With our firm's Canadian and U.S. agents�and through our extensive network of foreign associates�we assist market-leading clients with patent and trademark filings throughout the world. Key Contacts Dominique T. Hussey, Chief Executive Officer • Co-Head of Innovation, Technology & Branding Practice Toronto • 416.777.6230 • husseyd@bennettjones.com Edward (Ted) Yoo, Partner, Patent Agent, Trademark Agent Edmonton • 780.917.5231 • yoot@bennettjones.com Roseann Caldwell, Patent Agent Calgary • 403.298.3661 • caldwellr@bennettjones.com Stephen D. Burns, Partner, Trademark Agent • Co-Head of Innovation, Technology & Branding Practice Calgary • 403.298.3050 • burnss@bennettjones.com