# Gilbert's LLP

> Creative lawyers for creative clients


## Posts

- [Gilbert's Recognized Among Canada's Best Law Firms](https://www.gilbertslaw.ca/firm-news/2025/10/gilberts-recognized-among-canadas-best-law-firms/): We’re proud to share that Gilbert’s LLP has been recognized among Canada’s Best Law Firms, earning a Tier 2 ranking in Intellectual Property Law (Toronto) in the latest edition of Best Law Firms in Canada. This recognition reflects our deep expertise, creative approach, and commitment to exceptional client service in helping innovators protect and commercialize their ideas. Congratulations to our entire team for this well-deserved achievement and for continuing to uphold the excellence that defines our firm. About Best Law Firms in Canada The Best Law Firms in Canada guide celebrates leading firms across the country for their outstanding performance […]
- [The High Cost of Fashion Dupes: Trademark and Design Infringement and a View from the North](https://www.gilbertslaw.ca/insights/2025/07/the-high-cost-of-fashion-dupes-trademark-and-design-infringement-and-a-view-from-the-north/): Lululemon Athletica recently filed a lawsuit against Costco Wholesale in the US, alleging extensive intellectual property infringement involving trademarks, trade dress, and design patents. The complaint accuses Costco of selling lower-priced "dupe" apparel that closely imitates Lululemon’s distinctive SCUBA® hoodies, DEFINE® jackets, and ABC® pants, thereby misappropriating protected visual designs and brand identifiers. As "dupes" gain popularity online, courts may have to decide where the line is between design inspiration and infringement.
- [Five Gilbert's Lawyers Listed as 2025 IP Stars](https://www.gilbertslaw.ca/firm-news/2025/07/five-gilberts-lawyers-listed-as-2025-ip-stars/): Gilbert’s LLP is proud to announce that five of our lawyers have been recognised in the prestigious 2025 IP Stars guide published by Managing Intellectual Property, and that the firm as a whole has been recognised as a Notable Firm in the Patent Disputes category. This annual ranking is widely regarded as the industry’s most comprehensive survey of intellectual property practitioners worldwide. Managing Intellectual Property’s IP Stars is a comprehensive guide ranking leading IP firms and lawyers based on feedback from thousands of practitioners. The rankings, compiled by researchers in London, New York, and Hong Kong, are tiered and cover […]
- [Canadian Patent Appeal Board says AI Cannot be an Inventor](https://www.gilbertslaw.ca/insights/2025/07/canadian-patent-appeal-board-says-ai-cannot-be-an-inventor/): The Patent Appeal Board in Canada issued a landmark decision, holding that an AI system is not a valid "inventor" under Canadian patent law. In the result, the patent filed by computer scientist Stephen Thaler and invented by his AI system named "DABUS", was rejected for failing to meet the requirements to name a proper inventor and for lack of entitlement to file a patent given the lack of any assignment from a valid inventor. The PAB decision is not binding law but will likely be followed by patent examiners in Canada.
- [Anticipation Through Incorporation by Reference Legally Permissible](https://www.gilbertslaw.ca/insights/2025/06/anticipation-through-incorporation-by-reference-legally-permissible/): The Top Line In Alexion Pharmaceuticals v Amgen, the Federal Court upheld the validity of Alexion’s eculizumab patent (CA810), rejecting Amgen’s claims of anticipation and obviousness, and blocking its biosimilar BEKEMV from entering the market. Most notably, the Court clarified that a prior art reference can legally anticipate a patent if it explicitly and precisely incorporates another document by reference, marking a potentially significant evolution in Canadian anticipation law. However, on the facts, the Court found that Amgen’s cited references failed to disclose eculizumab with the necessary specificity. In a recent Federal Court decision dated May 12, 2025 (Alexion Pharmaceuticals, […]
- [Funding Fundamentals: Legal Aspects of Capital Raising](https://www.gilbertslaw.ca/insights/2025/06/funding-fundamentals-legal-aspects-of-capital-raising/): This first post in our Funding Fundamentals series outlines the key legal and strategic considerations for private companies exploring capital-raising options. From bootstrapping and traditional loans to equity financing, SAFEs, convertible notes, and grants, each funding method carries unique risks, benefits, and compliance obligations. Choosing the right model – and documenting it properly – is critical to setting your business up for sustainable, long-term success.
- [Can a factual precedent bind another party?](https://www.gilbertslaw.ca/insights/2025/05/can-a-factual-precedent-bind-another-partys-pleading/): Are prospective generics now collectively limited to one kick at the (in)validity can? And who gets to take the kick? Better hope they’re a good striker. A recent Federal Court decision prevented a generic from a pleading amendment on the basis of a prior finding involving a different party.
- [Need funding for IP? Try IPON](https://www.gilbertslaw.ca/insights/2025/04/need-funding-for-ip-try-ipon/): If you are an Ontario business and you need funding to develop your intellectual property strategy, you could be eligible for funding from Intellectual Property Ontario (IPON). Our team can help you craft a grant application, as well as providing advice on how to develop your IP Strategy.
- [Trademarks Shake-up: Making Sense of Recent Changes to Trademarks Practice](https://www.gilbertslaw.ca/insights/2025/04/trademarks-shake-up-making-sense-of-recent-changes-to-trademarks-practice/): The Top Line A series of amendments to the Trademarks Act and Regulations came into effect on April 1, 2025 that introduce significant changes to proceedings at the Trademarks Opposition Board and Federal Courts. These amendments are intended to improve the efficiency of contested proceedings, to discourage undesirable conduct and abusive enforcement of trademark rights, and provide a streamlined mechanism to remove invalid or inactive official marks. A brief overview of the effects of the amendments are set out below: Before April 1, 2025 After April 1, 2025 Cost awards in Board proceedings Not available Available in defined circumstances, for […]
- [The AI and Copyright Dilemma: Can machines be authors? ](https://www.gilbertslaw.ca/insights/2025/03/the-ai-and-copyright-dilemma-can-machines-be-authors/): A recent US copyright decision ruled that a generative AI (in this case, a system by Stephen Thaler named the Creative Machine) could not be an "author" for the purpose of copyright law. Fundamentally, copyright authorship can only be attributed to humans. These issues may also soon be decided in Canadian law.
- [Nisha Anand and Gilbert’s Recognized in 2025 Canadian Legal Lexpert Directory](https://www.gilbertslaw.ca/firm-news/2025/03/nisha-anand-and-gilberts-llp-recognized-in-2025-canadian-legal-lexpert-directory/): Nisha Anand has been recognized in the 2025 Canadian Legal Lexpert Directory for her exceptional work in the Intellectual Property and Litigation: Intellectual Property practice areas. Gilbert’s has been recognized as a top-tier practice in the same categories, reaffirming its position as a leader in the field. About the Canadian Legal Lexpert DirectoryThe Canadian Legal Lexpert Directory has served as a trusted industry resource since its inception in 1997. Each year, the directory compiles its rankings through comprehensive peer surveys, highlighting Canada’s most accomplished legal professionals across 60+ practice areas. Law firms are similarly assessed in over 40 practice areas. These accolades underscore Nisha Anand’s […]
- [Nisha Anand Named in Chambers Global 2025](https://www.gilbertslaw.ca/firm-news/2025/02/chambers-global-2025/): The 2025 Chambers Global Guide has recognized Nisha Anand, Managing Partner of Gilbert’s LLP, as a top-ranked practitioner in the Intellectual Property: Litigation (Canada) practice area. This recognition underscores Nisha’s exceptional expertise and leadership in high-stakes IP disputes, positioning her among the most distinguished international lawyers in her field. For insights into our IP litigation practice, visit IP Litigation – Gilbert’s LLP. About Chambers Global Published annually, the Chambers Global Guide ranks the top global lawyers, law firms and in-house counsel in over 200 jurisdictions across the world. Each ranking is based on the in-depth research conducted by a team […]
- [Thomson Reuters wins an early AI copyright battle for use of headnotes in training of computer models](https://www.gilbertslaw.ca/insights/2025/02/thomson-reuters-wins-an-early-ai-copyright-battle-for-use-of-headnotes-in-training-of-computer-models/): Thomson Reuters obtained summary judgment against ROSS Intelligence, a legal AI startup that used headnotes from Westlaw to train a "question and answer" search engine for legal research. This win is an early victory in favour of copyright owners against tech firms looking to use data in their AI tools, and may be an indication of future decisions.
- [A Real dRAG: The Cross-Border Legal Pursuit of OpenAI](https://www.gilbertslaw.ca/insights/2025/02/a-real-drag-the-cross-border-legal-pursuit-of-openai/): OpenAI is under fire from media giants in Canada and the United States. The New York Times’ US-based lawsuit could set the stage for the case in Ontario against the AI powerhouse. We provide an in-depth breakdown of the causes of action and issues to watch in this article.
- [Listing date is confirmed as key date for addressing patents under PMNOC Regulations](https://www.gilbertslaw.ca/insights/2025/01/listing-date-is-confirmed-as-the-date-for-addressing-patents-under-pmnoc-regulations/): In two recent Federal Court decisions, the Court confirmed that the critical date for determining which patents must be addressed under the PMNOC Regulations is the date a patent is listed on the Patent Register—not the date it was submitted for inclusion. A second person need not address patents that were submitted but not yet listed as of the date of their ANDS.
- [CIPO Annual Fee Adjustment: 2025 Fees Now in Effect ](https://www.gilbertslaw.ca/insights/2025/01/cipo-annual-fee-adjustment-2025-fees-now-in-effect/): Effective January 1, 2025, certain fees relating to intellectual property increased by 4.4%. Trademark owners and applicants should be aware of the annual adjustment for fees relating to trademarks, geographical indications and official marks to ensure compliance with the Trademarks Regulations and avoid administrative delays.  
- [Pics or it Didn’t Happen? Federal Court says Otherwise ](https://www.gilbertslaw.ca/insights/2025/01/pics-or-it-didnt-happen-federal-court-says-otherwise/): In a recent trademark appeal, the Federal Court clarified that photographs or other representative images are not required to establish “use” of a trademark pursuant to s. 4 of the Trademarks Act in the context of a s. 45 cancellation proceeding. While a bare statement that a registered trademark was used in accordance with the statutory language will not meet the evidentiary threshold, a sworn statement describing the manner of use in Canada during the relevant time period may suffice.  
- [New Year, New Register: TMOB Resolves to Trim the Trademark Fat](https://www.gilbertslaw.ca/insights/2024/12/new-year-new-register-tmob-resolves-to-trim-the-trademark-fat/): The Trademark Registrar launched a surprising new pilot project and will begin issuing s. 45 expungement notices against randomly selected trademark registrations to remove “deadwood” and collect data. Trademark owners whose registrations are selected will likely be forced to provide evidence of use, and potentially incur costs in the process to avoid expungement. Questions remain about the impact the pilot project will have on the efficiency and backlog at the TMOB.
- [If I've told you once... FCA denies PMPRB jurisdiction over unpatented medicines (again)](https://www.gilbertslaw.ca/insights/2024/12/if-ive-told-you-once-fca-denies-pmprb-jurisdiction-over-unpatented-medicines-again/): The Patented Medicines Pricing Review Board does not have jurisdiction to regulate unpatented (or formerly patented) medicines, the FCA ruled again. In this case, the PMRPB was not permitted to seek pricing information for DIFFERIN beyond a limited period after patent expiry. To rule otherwise would reach beyond the constitutional powers of the federal government.
- [No free samples: Federal Court clarifies the standard for compelling sample production](https://www.gilbertslaw.ca/insights/2024/12/no-free-samples-federal-court-clarifies-the-standard-for-compelling-sample-production/): The Federal Court in Bayer v Amgen offered key insights into the evidence needed to compel production of samples for testing. The Court balanced the “permissive approach” from prior caselaw with the overarching requirement that parties must demonstrate a “reasonable possibility” that the proposed testing will reveal something useful to the Court. Here, mere existence of testing methods on the samples without evidence of a specific test was not enough to meet the burden.
- [For [Solicitor’s] Eyes Only: Impulse Downhole Solutions passes the “unusual circumstances” test](https://www.gilbertslaw.ca/insights/2024/12/for-solicitors-eyes-only-impulse-downhole-solutions-passes-the-unusual-circumstances-test/): In a patent infringement proceeding, the plaintiff successfully obtained a “Solicitors’ Eyes Only” (SEO) designation for financial and technical documents. The company also persuaded the court to restrict access to technical documents for the director of a competing company by arguing that his inability to “unsee” technical information would inevitably harm their business. 
- [Perplexity AI sued for copyright infringement: a summary via Perplexity](https://www.gilbertslaw.ca/insights/2024/12/perplexity-ai-sued-for-copyright-infringement-a-summary-via-perplexity/): In October 2024, Perplexity AI, an AI (LLM) conversational search engine, was sued by publishers including Dow Jones and NY Post for copyright infringement in the United States. For fun and for curiosity, we used Perplexity AI’s chat engine to analyze and summarize the lawsuit against itself.
- [Federal Court maintains high bar for standing in judicial review of NOC decisions](https://www.gilbertslaw.ca/insights/2024/12/federal-court-maintains-high-bar-for-standing-in-judicial-review-of-noc-decisions/): The Federal Court held that standing for judicial review requires a party to be directly affected by an administrative decision. Neither commercial/economic impact nor indirect impact on legal rights are sufficient to ground standing. 
- [Patent claims held invalid for being broader than the inventor "contemplated"](https://www.gilbertslaw.ca/insights/2024/11/patent-claims-held-invalid-for-being-broader-than-inventor-contemplated/): The Federal Court found that claims of three water slide patents were invalid for being broader than contemplated by the inventor. This is an interesting decision because there are few, if any, examples in Canadian patent law where overbreadth is the primary or sole independent ground of invalidity. Furthermore, the focus of this decision on what the inventor "contemplated" appears to introduce an element of subjectivity into the test of overbreadth.
- [Nisha Anand recognized by Chambers and Partners 2025](https://www.gilbertslaw.ca/firm-news/2024/10/nisha-anand-recognized-by-chambers-and-partners-2025/): We’re thrilled to announce that Nisha Anand has been recognized by Chambers and Partners as one of Canada’s best lawyers in the category of Intellectual Property: Litigation. The Chambers Canada Guide is a long-running directory of nationally recognized lawyers based on independent market research conducted by Chambers’ team of researchers. Rankings are based on the Chambers ranking system which is established from the most in-depth market analysis and comprehensive independent research, that is unrivalled in accuracy, depth and quality and carried out by Chambers’ experienced team of London-based researchers.     Congratulations, Nisha!
- [Supreme Court to consider patentability of medical methods](https://www.gilbertslaw.ca/insights/2024/09/supreme-court-to-consider-validity-of-medical-method-patents/): The Supreme Court of Canada will be deciding whether methods of medical treatment are properly patentable subject matter under s. 2 of the Patent Act. This represents the first time in over 50 years in which the Court will address the issue.
- [Accounting of profits reaffirmed as available remedy for patent infringement](https://www.gilbertslaw.ca/insights/2024/09/accounting-of-profits-reaffirmed-as-available-remedy-for-patent-infringement/): The Federal Court of Appeal provided clarifying guidance the "accounting of profits" for patent infringement. As a starting point, successful patentees are entitled seek an accounting of profits unless there are sufficient reasons to deny the remedy. This decision negates previous case law that suggested accounting of profits may be a purely discretionary decision of the Court, and will be welcomed by successful patentees who will now have greater certainty when seeking remedies.
- [Gilbert's Partners Recognized in Managing IP's 2024 IP STARS](https://www.gilbertslaw.ca/firm-news/2024/06/gilberts-partners-recognized-in-managing-ips-2024-ip-stars/): Partners Tim Gilbert and Nisha Anand have been recognized in Managing IP’s IP Stars 2024 rankings. Managing IP published its first legal directory in 1994 and rebranded it in 2013 as IP Stars. The IP Stars guide has expanded over the years and now covers over six IP practice areas and more than 70 jurisdictions, making it one of the most comprehensive, leading specialist rankings publication for the IP profession.
- [Gilbert's Contributes to Chambers Global Practice Guide](https://www.gilbertslaw.ca/firm-news/2024/02/gilberts-contributes-to-chambers-global-practice-guide/): Gilbert’s is delighted to have contributed to the Chambers Life Sciences & Pharma IP Litigation 2024 Global Practice Guide. We were honoured to share our unique perspective on how and why life sciences and pharmaceuticals dominated IP litigation in Canada in 2023. The Life Sciences & Pharma IP Litigation 2024 guide has expanded to 18 jurisdictions. The guide covers the latest developments in patent litigation, generic and biosimilar market entry, patent term extensions, available forms of relief, other IP rights, appeal, ADR and settlement/antitrust considerations. The full guide can be accessed for free here.

## Pages

- [Grants and Funding for IP Strategy](https://www.gilbertslaw.ca/ip-strategy-grants-and-funding/): A strong IP strategy can set a company up for long-term success, while a weak one can leave it vulnerable to competitors or legal disputes. Having a plan in place before legal issues arise is important to mitigate risk and manage unexpected surprises. We know that securing patents, trademarks, and other protections can be complex and expensive. Federal and Provincial grants can provide your business essential financial support, allowing businesses to invest in a strong IP strategy without straining their resources. Taking advantage of these programs can be a critical step in protecting and growing your business.  Various programs, such […]
- [Case Studies](https://www.gilbertslaw.ca/case-studies/)
- [Case Study: A Canadian in Washington](https://www.gilbertslaw.ca/case-studies/case-study-a-canadian-in-washington/): At Gilbert’s LLP, we pride ourselves on our ability to think outside the box and offer creative solutions to complex legal problems. One of the most significant examples of this approach took place when Tim Gilbert, our founding partner, played a pivotal role in changing U.S. law—despite being a Canadian lawyer. This case study offers a glimpse into Tim’s efforts to solve a complex patent law issue, culminating in a visit to the White House Rose Garden. The Problem: A Patent Litigation Quagmire Tim’s journey began when he was approached at a conference by an attorney in the U.S. with […]
- [About Us](https://www.gilbertslaw.ca/about-us/): At Gilbert’s LLP, we’re not your typical law firm. We’re a boutique firm with a bold vision—driven by creativity, entrepreneurial spirit, and a deep commitment to innovation. Founded in 2001, our journey began with the desire to break away from the traditional legal mold and create a firm that offers more than just traditional legal services. We solve problems, think outside the box, and act as strategic partners for clients who are pushing boundaries and driving change in their industries. Our Origins As our founder Tim Gilbert tells it, our firm began with nothing more than a cellphone and a […]
- [Meet Our Team](https://www.gilbertslaw.ca/team/): Our talented team of professionals have a wide variety of background and experience. We work together to bring you the best advocacy and client service to fit your needs. Reach out to any of us to find out more!
- [Gilbert's Solutions](https://www.gilbertslaw.ca/solutions/): Gilbert’s Solutions is an innovation consultancy that helps to solve big challenges. We are a results-driven team of advisors and problem-solvers.  We see big opportunities where there are big challenges. We are committed to tackling important issues facing our world, and we see our clients as partners in this mission. We tailor our advice and solutions into a finely tuned product to fit your needs. We are also innovators. We create new solutions where we see market gaps. We will go so far as creating new businesses to address those gaps. Affiliated with Gilbert’s LLP, a boutique law firm of creative […]
- [The Top Line](https://www.gilbertslaw.ca/insights/)
- [Students @ Gilbert's](https://www.gilbertslaw.ca/students-gilberts/): At Gilbert’s LLP, we do things a little differently. We offer a friendly, diverse and dynamic work environment. A student at Gilbert’s will be exposed to intellectual property litigation and prosecution, policy and government relations, indigenous law, commercial litigation regulatory law, entertainment law, and corporate commercial law. We’re not a big firm, but we do attract big-firm work. Our firm is young, dynamic and eager. If these practice areas are of interest to you, please read on to find out more about us and our student program. Living by core values To understand what we’re looking for in a student, […]
- [Contact Us](https://www.gilbertslaw.ca/contact/): Contact any member of Our Team by email or by phone. Additionally, find us at any of our locations below. Toronto | New York | London Toronto Address Waterfront Innovation Centre125 Queens Quay East, 8th FloorP.O. Box 19Toronto, Ontario M5A 0Z6Canada Phone 416-703-1100 Fax 416-703-7422 New York Address 57 West 57th StreetNew York, New York10019 Phone 212-859-5016 London Address 344-354 Grays Inn RoadLondon, United Kingdom WC1X8BP
- [Services](https://www.gilbertslaw.ca/services/)
- [Home](https://www.gilbertslaw.ca/)
- [Privacy Policy](https://www.gilbertslaw.ca/privacy-policy/): The following privacy policy applies solely to use of this website, at www.gilbertslaw.ca, operated by Gilbert’s LLP. Clients of Gilbert’s LLP who have signed a retainer agreement are governed by a separate Privacy Policy which may be provided on request. This policy was last updated on November 1, 2024. What information we collect We do not collect personal information on this website. Our web hosting platform may utilize performance tracking software which may collect IP addresses, geolocation, browser, and operating system information. Cookies We may use cookies to enhance user experience and in measuring and improving the performance of this […]
- [Careers @ Gilbert's](https://www.gilbertslaw.ca/careers/): Gilbert’s welcomes applications from outstanding lawyers, agents, law clerks and staff. We bring together fun, smart, talented people from a diversity of backgrounds. Our core values. Our core values drive our practice and our passion for the practice of law: Mission: Delivering legal services that empower clients to grow their businesses, and to exercise, enforce, and protect their rights and agency. Vision: Legal services that promote successful, equitable, and sustainable futures for businesses, organizations, and the people, land, and water that form our communities. Values: Do you share these values? Then send us your resume and cover letter! If you […]


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