Intellectual Property Litigation

We represent clients in high-stakes intellectual property disputes, combining litigation strength with industry insight to protect innovation and achieve results.
Key Contact
Hussey Dominique
Stairs

Bennett Jones' intellectual property litigators regularly appear before the Federal Court, the Federal Court of Appeal, superior courts and regulatory authorities representing clients in some of their most strategic commercial disputes. Blending strong litigation skills with technical and industry expertise, we represent clients across the full spectrum of intellectual property proceedings (patents, trademarks, copyright, industrial design, breach of confidence/trade secrets, IP licensing disputes). Our intellectual property litigation bench strength has been recognized by Chambers, Benchmark, Best Lawyers, Managing IP, IAM, Who's Who Legal, Legal 500, LMG Lifesciences, IAM Patent 1000 and World Trademark Reporter 1000.

In the context of patent litigation, we act for leading oil and gas, mining, banking, pharmaceutical and biologics clients. Litigators and industry experts, the Bennett Jones team skillfully simplifies complex matters to persuade courts, tribunals, and opposing counsel to reach favourable outcomes for our clients.

In the context of trademark and copyright litigation, we act for leading cannabis, food and beverage, technology, luxury goods, media and telecommunication clients. The Bennett Jones team has a client-oriented approach tailoring their knowledge of intellectual property law to each client's needs.

In addition to arguing before courts, Bennett Jones litigators are commercially-minded strategic advisors. With a deep understanding of our clients' businesses and a practical approach, we prepare freedom-to-operate opinions, draft Notices of Allegation, and craft commercially-favourable settlements, cross-licensing arrangements, and other agreements.

The Bennett Jones intellectual property litigation team also advises in the life sciences regulatory space on issues pertaining to drugs, biologics, medical devices, food, cosmetics and legal cannabis.

,,We are impressed with their ability to distil issues understandably.,,

Chambers

Client Work

Alexa Translations

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

Blue Nordic

in the defence of an industrial design expungement application brought by Enercon

Amgen

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

Biosteel and DC Holdings

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

Amgen

in the first motion to delist a patent under the new Patented Medicines (Notice of Compliance) Regulations

Liftwerx Solutions

in the defence of a patent infringement action relating to specialized equipment for repairing and maintaining wind turbines 

Nufarm Agriculture

in the defence of a patent infringement action relating to herbicide manufacturing 

Amgen

in a judicial review application brought by Bayer

USA DeBusk

in the defence of a patent infringement action relating to removing hydrocarbon contaminants from systems comprising catalytic reactors 

Awesense Wireless

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

Amgen

on a motion to compel samples brought by Bayer and Regeneron Pharmaceuticals

Boart Longyear

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

Canadian Natural Resources

in a patent infringement/patent validity lawsuit by Maoz Betser-Zilevitch (T-630-18 and T-919-21)

Amgen

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

Equitable Bank

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

Equitable Bank

in a patent infringement action brought by Verify Smart (T-760-21)

Globaltech

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

Munchkin

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

Auro Pharma

in navigating the Patent Act and Patented Medicines (Notice of Compliance) Regulations to get drugs to market

Nate Hendley and James Lorimer and Company Ltd

in its defence of a copyright infringement matter

Amgen

in the first ever patent infringement/patent validity trial and appeal under the new Patented Medicines (Notice of Compliance) Regulations

Jet Cut Abandonments and Innovative Well Abandonment

in patent infringement suits by Nuwave Industries (AB KB file nos 2102-05652 and 2101-05061)

Recognitions

Chambers Canada

Intellectual Property: Litigation

Chambers Global

Intellectual Property: Litigation

Legal 500

Intellectual Property

Canadian Legal Lexpert Directory

Litigation - Intellectual Property

IAM Patent 1000

Ranked, Litigation

Managing IP: IP Stars

Patent Disputes
Trademark Disputes

Dominique T. Hussey

Chief Executive Officer  •   Co-Head of Innovation, Technology & Branding Practice

At the centre of market-shaping deals and high-stakes disputes, Bennett Jones delivers clarity, strategy and results. Our cross-border teams turn complexity into progress, always focused on what drives your success.

The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.