Patent Litigation Lawyers

Patent litigation involves the enforcement of patent rights against infringers in the courts. It can also involve determining whether a patent was properly issued in the first place. As a patent holder, you have the right to prevent others from making, using and selling your invention and profiting from your work. If you are facing a patent infringement claim, you can defend yourself by differentiating your products or services from the patent, or by raising questions about the validity of the patent itself.

Patent disputes are not always complex and costly. In fact, some can protect your investment and business interests in a fairly straightforward manner. The Federal Court of Canada has become far more efficient in recent years, especially through its summary judgment and summary trial procedures.

For cases in which a client must confront a large industry player, or in which expensive expert evidence may be necessary to prove or disprove infringement or damages, we have the capacity to fund large-scale lawsuits through a partnership investment fund.

Our litigation team is comfortable both with large and complex patent litigation cases, such as those involving pharmaceutical patents, and simple summary cases on behalf of startups.

In 2014, IAM Magazine included Gilbert's as a top patent law firm in the magazine's Patent 1000, and recognized founder and managing partner Tim Gilbert, and partner Matt Powell as top professionals.

Protecting Your Ideas

Gilbert's LLP helps clients seek injunctions to stop others from using their ideas. We also seek compensation to gain back what our clients have lost from infringement, including royalties or lost profits. Our lawyers will guide you through every step of the process:

  • We will determine whether you have a case that would benefit from litigation, considering how much you are losing and how costly the action may be, as well as the likelihood of success. If possible, we may seek other remedies such as licences, or prepare cease and desist letters on your behalf.
  • After choosing the most appropriate court, a Statement of Claim will set out your claim and define the issues. The business you sue will respond, and may counterclaim that your patent is invalid.
  • Both sides will exchange documents and facts about the case during the discovery process.
  • We will diligently pursue negotiation and mediation to settle the dispute. Most cases settle before trial, as trial is rarely cost-effective.
  • If trial is necessary, we will argue your case and show proof of the losses suffered by your business as a result of patent infringement.

Sometimes, protection of your intellectual property involves fighting for your right to that property. Let us be on your side in that fight.

Contact Gilbert's LLP

Our Toronto-based firm serves the Canadian needs of clients throughout Canada and the United States as well as internationally. Call us at 416-703-1100 or contact us online.