Date: Tuesday December 4, 2018
Time: 12 PM EDT | 9 AM PT
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Agenda:
Canada is increasingly becoming a hot bed for IP litigation involving U.S. IP owners, and provides a highly favourable forum from a procedural, substantive law and litigation costs perspective.
American companies have seen record-setting damages of more than 1/2 billion dollars, pro-plaintiff decisions, and precedent-setting appeals before the Supreme Court in Canada. With improved court procedures, U.S. litigants are also getting to trial more efficiently and obtaining pre-trial remedies more readily in Canada as compared to other jurisdictions.
Learn how U.S. IP owners are benefitting from Canadian IP litigation strategies, and explore how recent developments 'north of the border' have helped American companies find success through the courts in Canada.
Discussion Topics:
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Top differences between U.S. and Canadian patent litigation
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The new Canadian patent landscape for pharma/biologic innovators
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New procedures for faster, cheaper trademark litigation in Canada
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How to win in Canadian copyright, design and media piracy cases
Speakers & Discussion Topics
Moderated by: Jeremy Want, Partner
Practice Head, Litigation
Patents - Steven Garland, Managing Partner
Successful lead counsel in Dow v. Nova — Canada’s largest accounting of defendant’s profits award in respect of revenues of approximately $1B dollars. Ranked for IP Litigation in Chambers & Partners, named Canada’s IP Lawyer of the Year (Best Lawyers).
Discussion topics:
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Top differences between U.S. and Canadian patent litigation
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Leveraging the advantages of the Canadian system
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Strategies for winning at trial
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Financial benefits of an accounting of profits
Pharma & Life Sciences - Yoon Kang, Partner
Co-counsel in the successful Supreme Court of Canada appeal in AstraZeneca v. Apotex. Recognized as a "Life Science Star" by LMG Life Sciences, a "Litigation Star" by Benchmark, and by Euromoney as one of the Top 250 Women in Business Law.
Discussion topics:
The new patent landscape for pharma/biologic innovators:
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The end of the Promise Doctrine of utility
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New litigation regime - no more"dual litigation"
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Patent term extension now available in Canada (CSPs)
Trademarks - Mark Evans, Partner
Successful trial counsel in numerous trademark cases. Twice Selected as Canada’s Trademark Litigator of the Year (Benchmark), Gold ranking in WTR1000 for enforcement & litigation.
Discussion topics:
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Strategies for succeeding in Canadian trademark litigation
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New procedures for faster, cheaper trademark litigation in Canada
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The impact of upcoming amendments to Canada’s Trademarks Act
Copyrights & Design - François Guay, Partner
Successful trial counsel in numerous copyright and design cases. Twice selected as Canada’s Trademark Litigator of the Year (Benchmark), ranked by Chambers & Partners for IP Litigation.
Discussion topics:
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Extraordinary remedies in Canada - search and seizure orders and pre-trial injunctive relief
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How to win in Canadian copyright, design and piracy cases - online streaming to consumer products to architectural works
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