Biography
Tim Gilbert founded Gilbert’s LLP in 2001 after a decade working at two prominent Bay Street firms in Toronto. Through his leadership, Gilbert’s LLP has become and remains a leading litigation, advocacy, intellectual property, and commercial law firm serving clients in Canada and the United States.
Mr. Gilbert has acted as lead counsel on some of Canada’s largest intellectual property disputes, as well as public interest litigation. His practice focuses on innovation-driven industries, often exploring uncharted legal territory with an emphasis on high-stakes litigation. His experience spans across industries, including pharmaceuticals, gaming, media, software, telecommunications, banking, oil and gas, and more.
Despite representing generic pharmaceutical manufacturers, Mr. Gilbert is one of the few advocates who also represents leading brand companies. He has appeared before all levels of court in Canada and has been admitted pro hac vice before numerous federal district courts in the United States.
His practice also includes the representation of First Nation and Indigenous organizations. Mr. Gilbert successfully prosecuted the Ontario Realty Corporation for failing to consult Indigenous interests in the sale of land. He has represented the Haudenosaunee Development Institute, a delegate of the Haudenosaunee Confederacy Chiefs Council, in disputes concerning Treaty rights and the lack of engagement by the Crown.
Mr. Gilbert also advises governments, universities, and non-profit organizations, applying his experience in intellectual property and related fields to issues in technology, health, the arts, and public policy. He is a leading advocate for change in IP policy, having appeared before Canadian and U.S. legislators and administrative bodies, including the Food and Drug Administration, Health Canada, the U.S. Federal Trade Commission, the Canadian Competition Bureau, and Parliamentary Committees.
In addition to his legal practice, Mr. Gilbert is the founder of Gilbert’s Global, which provides corporate finance and strategic growth advice to clients in innovative industries. Gilbert’s Global brings together experience across finance, law, executive leadership, business, and Indigenous governance to help ideas scale with integrity. Through Gilbert’s Global Indigenous Capital, Mr. Gilbert works to support Nation-led ownership in strategic Canadian sectors by facilitating collaboration among Indigenous governments, aligned investors, and trusted advisors. Gilbert’s Global has been involved with projects deemed by the federal government to be of national importance and significance and referred to the Major Projects Office. This work focuses on building sustainable, community-driven partnerships in which ownership, governance, and revenue are shared equitably, helping Indigenous governments move from vision to execution as partners in the next generation of Canadian growth.
Mr. Gilbert has long played a role in civic affairs and matters of public interest. He was appointed as a foreign agent by the Province of Ontario in negotiating a historic agreement with the State of Michigan concerning cross-border waste shipment. In late 2011, his key role in mediating the dispute between Occupy Toronto protestors and the City of Toronto was featured in Maclean’s magazine. He was also widely featured in Canadian national media as a champion of amateur hockey as lead counsel in the legal challenge over the ownership of the Stanley Cup. He has served as Chair of the Advisory Board for OCAD University’s Onsite Gallery and is the former Chair of the Design Exchange.
Mr. Gilbert is a Fellow of the Litigation Counsel of America, The Trial Lawyer Honorary Society, and a member of the Trial Law Institute.
* Practicing as Timothy Gilbert Professional Corporation
Representative Cases
- Colossus (IOM) Ltd v DraftKings Inc: counsel to plaintiff on US patent infringement action and USPTO IPRs relating to technologies used in online betting apps.
- Haudenosaunee Development Institute v Metrolinx: counsel to HDI, a delegate of the Haudenosaunee Confederacy Chiefs Council, on multiple motions and emergency injunctions seeking to prevent the removal of historic trees at Osgoode Hall.
- Six Nations of the Grand River v Attorney General of Canada et al: counsel to Haudenosaunee Development Institute, a delegate of the Haudenosaunee Confederacy Chiefs Council, on motion to intervene in a long-standing land treaty dispute based on the 1784 Haldimand Proclamation and Treaty 18 and 19, among other rights.
- Fresenius Kabi v Minister of Health: represented Fresenius Kabi in a judicial review of Health Canada’s decision interpreting the patentee consent requirements in the PMNOC Regulations, resulting in a new statutory interpretation in favour of Fresenius Kabi and approval of adalimumab biosimilar (IDACIO).
- Gilead Sciences, Inc. v. ViiV Healthcare Company: counsel to Gilead Sciences in patent litigation involving Gilead’s bictegravir (BIKTARVY) drug product, resulting in a favourable finding of non-infringement in the first contested patent summary trial in Canada.
- Wi-LAN Inc v Bell Mobility, Rogers Communications, and Telus Communications: counsel to Wi-LAN in patent infringement actions involving standards-essential patents on wireless communication technologies and potential FRAND remedies.
- Wi-LAN Inc v LG Electronics et al: counsel to Wi-LAN in patent infringement action involving standards-essential patents on wireless communication technologies and potential FRAND remedies.
- Safe Gaming System Inc v Atlantic Lottery Corp: counsel for patentee in a patent infringement action over technologies used in gaming machines.
- Bayer v Pharmaceutical Partners of Canada: represented PPC (now Fresenius Kabi) on PMNOC proceedings relating to moxifloxacin (AVELOX) including successfully striking one patent from the application on a novel motion to strike.
- Eli Lilly v Mylan: counsel to Mylan on multiple applications and appeals relating to celecoxib patents under the PMNOC Regulations.
- Halliburton v BJ Services and Sanjel: counsel to Halliburton Energy Services in a cross-border oil & gas patent litigation matter relating to wellbore technology for shale gas production.
- DataTreasury v Canadian Chartered Banks: Canadian counsel in patent litigation against multiple large Canadian banks revolving around digital cheque processing technology.
- Research in Motion Ltd (RIM) v Visto Corporation: led multi-jurisdiction patent litigation involving specialized wireless technology resulting in favourable settlement.