Adam Bobker

Litigation Cases

Arrow Electronics Inc. v. Arrowsoft Solutions Inc. (Canada) et al.
Representing Arrow Electronics in an action for trademark infringement and passing off.
Counsel: Adam Bobker and Catherine Lovrics
(2013), (T-560-13)

Design Ideas, Ltd. v. Solutions Your Organized Living Store Corp.
Representing Design Ideas in an action for patent and industrial design infringement relating to mesh container product.
Counsel: Robert Storey and Adam Bobker
(2013), (T-901-13)

Masterfile Corporation v. Various Defendants
Representing Masterfile Corporation in various actions for damages for copyright infringement based on unauthorized use of copyright images on websites.
Counsel: Adam Bobker
(2013)

Charm Diamond Centres Ltd. et al. ats. Merit Diamond Corp.
Defending Charm Diamond Centres and J.S.N. Jewellery in an action for copyright infringement and passing off relating to jewellery designs.
Counsel: Adam Bobker
(2012), (T-1154-12)

GlobeScan Inc. v. Globescan Investment Inc. et al.
Successfully obtained judgment for the survey company, GlobeScan, in an action for trademark infringement against an investment business using the same mark.
Counsel: Adam Bobker and Jean-Pierre Bouchard
(2012), (T-717-12)

Heys International Ltd. v. Calego International Inc.
Represented Heys in an action for statutory damages or profits for copyright infringement relating to hang tags for luggage.
Counsel: Adam Bobker
(2012), (T-1810-12)

Home Depot Canada ats. Pharos Innovations Inc.
Defended Home Depot Canada in a patent infringement action relating to colour-changing LED strings.
Counsel: Adam Bobker
(2012), (SC-12-008052-00)

Interactive Life Forms, LLC et al. v. Various
Represented Interactive Life Forms in actions for trademark infringement, passing off, and copyright infringement. The actions were brought against Canadian companies alleged to have sold counterfeit versions of Interactive Life Forms' FLESHLIGHT products.
Counsel: Adam Bobker, Robert Storey, and François Larose
(2012)

Onward Multi-Corp Inc. et al. v. A&J Manufacturing LLC
Representing barbeque manufacturer Onward Multi-Corp in an action for patent infringement in respect of a portable insulated grill.
Counsel: Adam Bobker and Ryan Tremblay
(2012), (T-1281-12)

Sprinkles Cupcakes, Inc. v. Dlish Cupcakes Inc. et al.
Represented Sprinkles Cupcakes in a passing off action relating to the get-up of its SPRINKLES stores.
Counsel: Adam Bobker
(Reported decisions: 2013 ONSC 866)
(2011), (CV-11-419490)

4358376 Canada Inc. (iTravel 2000) ats. 411 Travel Buys Limited
Defended iTravel 2000 in an action for passing off with respect to the 411 TRAVEL BUYS trade mark.
Counsel: Adam Bobker
(2010), (CV-10-410412)

Alpa Lumber Inc. v. HWD Acquisition, Inc.
Represented Alpa Lumber in an action for patent infringement relating to fastening technology for windows and doors.
Counsel: Adam Bobker, James Raakman, and Josh Spicer
(2010), (T-2060-10)

Mouldex Exterior Mouldings Inc. ats. Driangle Inc. et al.
Representing Mouldex Exterior Mouldings in a patent infringement action relating to coating technology for architectural mouldings used in the construction industry.
Counsel: Adam Bobker
(2010), (T-1865-10)

Re-Flex 2000 Inc. v. 1474260 Ontario Inc. (Star Night Import & Export) et al.
Represented Re-Flex 2000 Inc. in an action for copyright infringement relating to several graphic heat transfers created by the plaintiff for use in the souvenir industry. The action settled as a result of mediation.
Counsel: Adam Bobker and Josh Spicer
(2010), (T-1337-10)

Superior Industries, LLC v. Thor Global Enterprises Ltd.
Represented Superior Industries in an action for patent infringement relating to braced telescoping support struts for stacking conveyors.
Counsel: Robert MacFarlane and Adam Bobker
(2010), (T-960-10)

Heys International Ltd. v. Holiday Group Inc.
Represented Heys International in actions for patent infringement relating to a patent for a side-loading backpack and industrial design infringement relating to the design of a portable luggage scale.
Counsel: Adam Bobker
(2009), (T-1256-09; T-1257-09)

Koolatron Corporation ats. Woodstream Corporation
Defended Koolatron Corporation in an action for patent infringement relating to CO2 insect trapping devices.
Counsel: Adam Bobker
(Reported decisions: 2010 FC 756)
(2009), (T-916-09)

Reversomatic Manufacturing Ltd. ats. Ecco Heating Products Ltd.
Defended Reversomatic Manufacturing in an action for patent infringement relating to a lint trap for a residential dryer.
Counsel: Adam Bobker and Josh Spicer
(2009), (T-200-09)

Roofmart (Canada) Ltd. v. Roofsmart Systems Inc
Represented Roofmart in an action for trade mark infringement based on the defendant's use of ROOFSMART.
Counsel: Adam Bobker
(2009), (T-1945-09)

Ferring B.V. and Ferring Inc. v. Odan Laboratories Ltd.
Represented the drug company Ferring in an action for passing off and copyright infringement relating to Ferring's PICO-SALAX products and Odan's PICO-DAN products.
Counsel: Adam Bobker
(2008), (T-866-08)

Toolbox Solutions Inc. v. Bruce et al.
Represented Toolbox Solutions in a copyright and confidential information action relating to information technology. Consent judgment issued against the defendants.
Counsel: Adam Bobker and Megan Langley Grainger
(2008), (CV-08-360410-0000)

Wham-O Inc. ats. Agit Global Inc.
Defended Wham-O in a patent infringement action relating to snow sled coating technology.
Counsel: Adam Bobker and Josh Spicer
(2008), (T-324-08)

4358376 Canada Inc. (iTravel 2000) v. Acquaviva et al.
Represented iTravel 2000 in an action for passing off.
Counsel: Adam Bobker
(2007), (07-CV-327816PD3)

Glaston Services Ltd. v. Shanghai Northglass Technology & Industry Co., Ltd.
Represented Glaston Services in patent infringement proceedings relating to industrial glass bending and tempering equipment. Successfully obtained permanent injunction at trial. A damages reference is pending before the Federal Court.
Counsel: Adam Bobker, Andrew McIntosh and Josh Spicer
(Reported decisions: 2010 FC 1191)
(2007), (T-1108-07)

Heys International Ltd. v. Malhotra et al.
Represented luggage company Heys in an action for passing off relating to the unauthorized use of the getup of HEYS ATHENA luggage.
Counsel: Adam Bobker
(2007), (07-CV-329002PD3)

Sports Network Inc. et al. v. Jean Gagne et al.
Prosecuted a French language action for infringement of the trademark RDS for the production, broadcasting and distribution of television programs by a sports bar operating under the name RDS ZONE without the permission of the Sports Network.
Counsel: Adam Bobker and Brigitte Chan
(Reported decisions: 2009 CF 308)
(2007), (T-527-07)

Vestas-Canadian Wind Technology, Inc. ats. Aloys Wobben
Defended Vestas-Canadian Wind Technology in an action for patent infringement relating to voltage control of wind power installations connected to a power grid.
Counsel: Robert MacFarlane and Adam Bobker
(2007), (T-564-07)

Laboratoires Quinton Internationale S.L. v. Biss
Acting for Laboratoires Quinton, a European manufacturer of QUINTON therapeutic marine plasma, in a French language action to expunge a Canadian trademark registration for QUINTON held by a former Canadian distributor of QUINTON products. The trial of this action is scheduled for December 2013.
Counsel: Adam Bobker, Brigitte Chan and François Larose
(Reported decisions: 2010 FC 358)
(2006), (T-1554-06)

Motorola Canada Ltd. v. Or
Represented Motorola in an action for trademark and copyright infringement and passing off based on the unauthorized sale of MOTOROLA radios and software.
Counsel: Adam Bobker and Josh Spicer
(Reported decisions: 2010 ONSC 487, 2010 ONSC 1787)
(2006), (06CV-308646-PD3)

Duratech Industries Ltd. et al. ats. Bridgeview Manufacturing Inc. et al.
Defended Duratech Industries, a US manufacturer of farm equipment, and two of its Canadian distributors in a patent infringement action relating to bale shredding machinery. The trial judge held the patent to be invalid and not infringed. The Federal Court of Appeal upheld the finding of non-infringement. An application for leave to appeal to the Supreme Court of Canada was dismissed.
Counsel: Robert MacFarlane and Adam Bobker
(Reported decisions: 2009 FC 50, 2010 FCA 188)
(2005), (T-1554-05;)

Video Box Enterprises Inc. et al. v. Kien Phac Lam et al.
Represented Video Box Enterprises, a distributor of Chinese-language television programs, in an action against a counterfeit operation. Obtained summary judgment granting an injunction and damages. (Reported decisions: 2006 FC 546)
Counsel: Adam Bobker
(2004)

Sears Canada Inc. et al. ats. Biosig Instruments Inc.
Acted for Sears Canada in the defence of an action alleging patent infringement by the sale of exercise equipment with built in heart rate monitors. The action was struck out for failure to plead a reasonable cause of action.
Counsel: Adam Bobker
(Reported decisions: 2006 FC 206)
(2003), (T-694-03)

Weatherford Canada Partnership et al. v. National-Oilwell Canada Ltd. et al.
Represented Weatherford Canada in the prosecution of a patent infringement action relating to sealing technology for surface drives used with down-hole pumps for heavy oil that was licensed to Weatherford Canada. An injunction issued after a six-week trial. The Federal Court of Appeal upheld the Trial Judge's findings of validity and infringement with respect to all of the claims at issue, with the exception of one method claim. After a redetermination hearing, the infringement of the method claim was confirmed. Weatherford Canada then settled its damages claims, along with its damages claims in a related action. An application for leave to appeal the original trial decision to the Supreme Court of Canada was dismissed. The Federal Court of Appeal did later send back the method claim for a further redetermination. The patentee's damages claims are also still pending.
Counsel: Robert MacFarlane, Adam Bobker, and Josh Spicer
(Reported decisions: 2005 FCA 300, 2007 FC 396, 2008 FC 1271, 2009 FC 449, 2009 FC 569, 2010 FC 602, 2010 FC 667, 2011 FCA 228, 2012 FC 76)
(2001), (T-1236-01;T-2059-03,T-26-05)

Weatherford Canada Partnership et al. v. National-Oilwell Inc. et al.
Represented Weatherford Canada in a patent infringement damages action against National-Oilwell relating to rotary drive technology for down-hole oil pumps. Action settled at trial in early 2012.
Counsel: Robert MacFarlane and Adam Bobker
(2001), (T-380-01)

Masterfile Corporation v. World Internett Corp. et al.
Acted for Masterfile Corporation, a stock image company, in a copyright infringement action relating to the unlicensed use of Masterfile images on various websites. The action settled before trial. (Reported decisions: 2001 FCT 1416)
Counsel: Adam Bobker
(2000), (T-959-00)