Andrew McIntosh

Litigation Cases

Alzheimer Society of Canada v. Alzheimer Society of Calgary
Representing Alzheimer Society of Canada in an action for trademark infringement and passing off.
Counsel: Andrew McIntosh and Megan Langley Grainger
(2013), (T-672-13)

Accede Energy Services, Ltd. v. Pomerleau
Representing Accede Energy in a patent impeachment action relating to the optimization of vacuum systems and methods for drying drill cuttings.
Counsel: Robert MacFarlane and Andrew McIntosh
(2012), (T-1969-12)

Penguin Group (Canada) et al. ats. Cooley & Co. Ltd. et al.
Represented Penguin Group (Canada) in a copyright infringement action brought against it relating to a three-dimensional model of a dinosaur egg.
Counsel: Andrew McIntosh
(2011), (T-1885-11)

Penguin Group (Canada) et al. ats. Lee et al.
Represented Penguin Group (Canada) in a copyright infringement action brought against it in respect of several literary works.
Counsel: Andrew McIntosh
(2011), (T-1723-11)

Best Buy Canada Ltd. ats. International Control Systems, LLC et al.
Defending Best Buy Canada in an action for patent infringement relating to automatic volume adjustment technology for use in televisions.
Counsel: Andrew McIntosh
(2011), (T-1653-11)

Nova Chemical Company ats. Dow Chemical Corporation
Defending Nova Chemical in a patent infringement action relating to polyethylene resin compositions. Action is scheduled for trial in September 2013.
Counsel: Robert MacFarlane, Mike Charles, Andrew McIntosh, Josh Spicer
(2010), (T-2051-10)

Canadian Imperial Bank of Commerce et al. ats. Datatreasury
Represented CIBC in a patent infringement action relating to cheque scanning technology. The action was settled shortly before trial.
Counsel: Robert MacFarlane and Andrew McIntosh
(Reported decisions: 2008 FC 955)
(2007), (T-1472-07; T-1661-07)

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)

adidas-Salomon AG et al. v. 2690942 Canada Inc. (Campea)
Represented adidas in an action for copyright and trademark infringement relating to soccer jerseys. The action was settled and a consent judgment issued.
Counsel: Andrew McIntosh and Josh Spicer
(Reported decisions: 2008 FC 776)
(2005), (T-1244-05)

Daiichi Pharmaceutical Co. Ltd. et al. v. Novopharm Limited
Represented Daiichi in patent infringement proceedings against Novopharm relating to the antibiotic LEVOFLOXICIN. An injunction and damages were awarded at trial, a stay of the injunction was denied and the trial judgment was upheld by the Federal Court of Appeal. An application for leave to appeal to the Supreme Court of Canada was dismissed.
Counsel: Mike Charles, Andrew McIntosh and Josh Spicer
(Reported decisions: 2006 FC 1234, 2006 FCA 406, 2007 FCA 105, 2007 FCA 269, 2007 FCA 217)
(2004), (T-2175-04; A-500-06;)

Pfizer Canada Inc. et al. v. Lilly ICOS LLC et al.
Represented Pfizer in patent infringement proceedings in which a patent for Pfizer's drug VIAGARA was asserted against Eli Lilly's drug CIALIS, a competing drug for the treatment of erectile dysfunction. The action settled before trial.
Counsel: Robert MacFarlane, Andrew McIntosh and Mike Charles
Don Cameron and Scott MacKendrick represented Eli Lilly in the action. They joined Bereskin & Parr LLP in 2012.
(Reported decisions: 2003 FC 1278, 2004 FC 223)
(2003), (T-1721-03)

Pfizer Canada Inc. et al. ats Bayer Aktiengesellschaft et al.
Represented Pfizer in a patent impeachment action relating to one of Pfizer's patents for the drug VIAGARA brought by Bayer.
Counsel: Robert MacFarlane, Andrew McIntosh and Mike Charles
Don MacOdrum represented Bayer in the action. He joined Bereskin & Parr LLP in 2012.
(2002), (T-865-02)

Pfizer Canada Inc. et al. ats. Lilly ICOS LLC et al.
Represented Pfizer in a patent impeachment action relating to one of Pfizer's patents for the drug VIAGARA brought by Eli Lilly. The action settled before trial.
Counsel: Robert MacFarlane, Andrew McIntosh and Mike Charles
Don Cameron and Scott MacKendrick represented Eli Lilly in the action. They joined Bereskin & Parr LLP in 2012.
(Reported decisions: 2006 FC 1465, 2006 FC 1500, 2006 FC 1501)
(2002), (T-341-02)

Royal Canadian Mint ats. Westaim Corporation
Represented the Royal Canadian Mint in the defence of a patent infringement action relating to the production of blanks for minting into coins. The patent was declared invalid at trial. An appeal was launched but the action settled before the hearing of the appeal.
Counsel: Robert MacFarlane and Andrew McIntosh
(Reported decisions: 1998 CanLII 8537 (FC), 2002 FCT 1217)
(1998), (T-453-98; A-32-03)

Illinois Tool Works Inc. et al. v. Cobra Anchors Co. Ltd.
Acted for ITW in an action and appeal for patent infringement relating to wall anchors.
Counsel: Robert MacFarlane, Andrew McIntosh and Brigitte Chan
(Reported decisions: 2002 FCT 829, 2003 FCA 358)
(1996), (T-2313-96; A-522-02)