Cases
Experience: LeddarTech Inc v Phantom Intelligence Inc, 2017 CAF 224 - Successfully represented LeddarTech Inc in having the Federal Court of Appeal overturn the decisions of the Federal Court judge
of the Prothonotary that had erroneously struck so-called open-ended allegations of patent infringement from LeddarTech's Statement of Claim.
Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825 - With Francois Guay, successfully represented the plaintiff at trial in this case in which the Federal Court confirmed that the plaintiff's steel structure for an indoor soccer complex could benefit from copyright protection as an architectural work under the Copyright Act . The plaintiff's copyright were found to be infringed by the defendants - a school board, engineering firm, architecture firm
general contractor - who together had designed
built a nearly identical structure. This was the first time in nearly 50 years that copyright protection was recognized by Canadian courts in a building structure. All defendants were held to be jointly
severally liable for the plaintiff's damage, which were assessed at over $700,000 (plus interests
costs).
Wesley (Mtlfreetv.com) v Bell Canada, 2017 FCA 55 - With Francois Guay
Guillaume Lavoie Ste-Marie, successfully represented Canadian broadcasters
broadcast distribution undertakings in having the Federal Court of Appeal uphold an interlocutory injunction issued by the Federal Court
directed at retailers of television set-top boxes that are configured, or pre-loaded , with various applications that provide their users with unauthorized access to copyrighted television content.
Camso Inc v Soucy International Inc, 2016 FC 1116 - Successfully represented Camso Inc. in having the Federal Court stay re-examination proceedings initiated before the Patent Office on behalf of one of the defendants to this action after infringement (
invalidity) of this particular patent were alleged in the Court proceedings. The Court also awarded costs to Camso Inc. on a lump-sum basis, payable forthwith.
Emerson Electric Co v Canadian Tire Corporation Limited, 2016 FC 308 - Successfully represented Emerson Electric Co.
Emerson Electric Canada Limited (Emerson) in defending a motion brought by Canadian Tire to strike out Emerson's open-ended allegations of patent infringement. The motion was dismissed by the Federal Court
costs awarded to Emerson.
Bauer Hockey Corp v Easton Sports Canada Inc, 2014 FC 594 confirmed on appeal to the Federal Court ( 2014 FC 853 )
Federal Court of Appeal ( 2016 FCA 44 ) - With Francois Guay
Ekaterina Tsimberis, successfully representedBauer Hockey Corp. in having the Federal Court
Federal Court of Appeal dismiss a motion brought by Bauer's competitor, Reebok-CCM, to intervene in this appeal initiated by Bauer from a decision of the Registrar of Trademarks following the issuance of a Section 45 Trademarks Act notice at the request of another of Bauer's competitors, Easton Sports.
Philip Morris Products SA v Marlboro Canada Limited, 2015 FC 364 confirmed on appeal 2016 FCA 55 - With Francois Guay, successfully represented the plaintiffs by counterclaim Imperial Tobacco Canada Limited
Marlboro Canada Limited in this precedent-setting decision whereby the Court confirmed that Imperial Tobacco
Marlboro Canada are entitled to elect an accounting of the defendants' (Philip Morris
Rothmans, Benson & Hedges) profits resulting from the infringement of their rights in the MARLBORO trademark in Canada.
Philip Morris Products SA v Marlboro Canada Limited, 2014 FC 2 confirmed on appeal 2015 FCA 9 - With Francois Guay, successfully represented the plaintiffs by counterclaim Imperial Tobacco Canada Limited
Marlboro Canada Limited in recovering an important portion of the legal costs
disbursements incurred for the trial of this trademark infringement action for a total award exceeding 1 million dollars.
Bauer Hockey Corp v Sport Maska Inc, 2014 FCA 158 - With Francois Guay, successfully represented Bauer Hockey Corp. in having the Federal Court of Appeal overturn an interlocutory decision of the Federal Court which had refused that Bauer Hockey amend its Statement of Claim in this trademark infringement
passing off action to claim punitive damages.
Magasins Best Buy ltee c Quebec ( Procureur general ), 2014 QCCS 142 confirmed on appeal 2015 QCCA 747 - With Francois Guay
Christian Bolduc, successfully represented the International Trademark Association (INTA) as an intervener in this proceeding. The Court confirmed, in line with the plaintiffs'
INTA's arguments, that businesses can continue using their registered trademarks on public signs outside their premises in the Province of Quebec without the need to add French generic language. My colleagues
I recently received the
2015 Canadian Trademark Milestone Case of the Year: award from Managing Intellectual Property (U.K.) for our success in this case.
Phostech Lithium Inc v Valence Technology Inc, 2011 FCA 107 - With Francois Guay
Jeremy Want, successfully represented Phostech Lithium Inc. in having the Federal Court of Appeal stay execution of a Federal Court judgment in a patent infringement case until issuance of the decision on appeal.
UGroupMedia Inc v Bell Canada Inc, Quebec Superior Court 500-17-062683-100 - With Daniel Drapeau, successfully represented Bell Canada in opposing motions for an interim injunction
safeguard measures seeking to prevent Bell from offering its free Magic Santa interactive Christmas cards for kids based on copyright infringement allegations.
