Kevin K. Graham

Practice Details

• Firm Information
  Position

  Counsel, Ottawa; Barrister and Solicitor; Patent and Trademark Agent

  Firm Name

  Smart & Biggar
• Representative Cases & Transactions
  Cases

  Experience: Dow Chemical Company vs. NOVA Chemical Corporation, 2016 FC 91 - Successful in defending an appeal of a costs award from the liability phase of a patent infringement action between the Dow Chemical Company
  NOVA Chemicals Corporation.
  Re Patent Application No. 2491151, Commissioner's Decision #1377 (February 25, 2015) - Successfully overturned patent examiner's rejection of an application relating to a novel security screening method on the basis of obviousness.
  Yahoo! Inc v Alpha Base Inc, 2014 TMOB 132 - Successful in an opposition to an application for the trademark YAHMOBILE, including a finding that the trademark YAHOO! is entitled to the status of a famous mark.
  Abercrombie & Fitch Co v Giant Tiger Stores Limited, 2009 FC 492 - Successfully defended an appeal of a decision refusing a motion for particulars in trademark infringement
  passing off action relating to the sale of counterfeit clothing products.
  Uview Ultraviolet Systems Inc v Brasscorp Ltd, 2009 FC 58 - Represented a successful plaintiff in patent infringement action relating to an apparatus
  method of charging a pressurized air-conditioning system with a secondary fluid.
  j2 Global Communications Inc v Protus IP Solutions Inc, 2008 FC 759, 2008 FC 760, 2009 FCA 41, 2009 FCA 42 - Successfully represented defendant on procedural motions
  related appeals in patent infringement action (which included an anti-competition counterclaim) relating to fax over the Internet technology.
  Smart & Biggar v Marty S
  ers (2008), 70 CPR (4th) 477 (TMOB) - Successfully expunged trademark registration for non-use pursuant to section 45 of the Trademarks Act.
  Koninklijke Phillips Electronics NV v Maple Technologies Ltd, 2007 FC 773 - Obtained an order requiring disclosure of information regarding equipment
  inventory purchased out of the bankruptcy of a patent infringement action defendant.
  CertainTeed Corp v Canada (Attorney General), 2006 FC 436 - Successful on an appeal overturning a decision of the patent appeal board rejecting a patent application relating to a novel asphalt roofing shingle on the basis of obviousness.
  Sleeman Brewing & Malting Co Ltd v Anchor Brewing Co, 2005 FCA 170 - Successfully defended an appeal of the dismissal of motion for summary judgment in trademark infringement
  passing off action.
  Sim & McBurney v Anchor Brewing Co, 2005 FCA 171 - Successfully defended an appeal of a decision not to expunge a trademark registration for non-use pursuant to section 45 of the Trademarks Act.
  Anchor Brewing Co v Sleeman Brewing & Malting Co, 2005 FCA 170 - Successfully defended an appeal of a decision refusing a summary judgment motion in trademark infringement action.
  Allerex Laboratory Ltd. v. Dey Laboratories L.P., 2004 CanLII 33008 (ON CA), 2003 CanLII 7571 (ON SC) - Motion for summary judgment
  appeal in breach of contract action.
  Oakley Inc v Shoppers Drug Mart Inc, 2004 FCA 404 - Successfully defended an appeal of a decision refusing a summary judgment motion in copyright/trademark infringement action.
  Molson Canada v Ol
  Breweries Ltd/Brasseries Ol
  Ltee, 2002 CanLII 44947 (On. C.A.), aff'g 2001 CanLII 28238 (On. S.C.) - Successfully defended a passing-off action, including precedent setting decision by Ontario Court of Appeal that a trademark registration provides a defence to a passing-off action.
  Andres Wines Ltd v Vina Concha Y Toro SA, 2001 FCT 575 - Successfully defended an application to expunge a trademark registration.