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IP Litigation

Retaining McCarthy Tétrault serves notice to your opponents. We fight to win.

In today’s complex business world, intellectual property is increasingly significant. You need expert litigators to defend your patents, trade-marks, trade secrets, copyright, industrial designs and other intellectual property assets. We combine our unparalleled litigation reputation with expertise in a broad range of industries to deliver business solutions. We act for leading-edge innovators and top companies in diverse sectors, including pharmaceuticals, life sciences, technology, internet, petrochemical/energy and communications

Clients choose McCarthy Tétrault to represent their interests because of our: 

  • Unparalleled experience as litigators. First and foremost, we are litigators. McCarthy Tétrault has the longest history and best track record as litigators in Canada. With more than a century of experience, our Litigation Group has repeatedly been recognized as one of the leading practices in Canada. You can count on us to enforce and defend your rights before the federal and provincial courts, at both trial and appellate levels, in all areas of intellectual property law.
  • History as intellectual property litigators. McCarthy Tétrault has a legacy in IP Litigation, with Harold Fox, Donald Sim, Immanuel Goldsmith and Ian Binnie amongst our alumni. We have litigated a number of the largest intellectual property cases in Canada and are frequently consulted in multijurisdictional disputes. Today, we are continuing that tradition of excellence.
  • Internationally recognized strength in patents. Euromoney Legal Media Group’s Managing IP has honoured our team for the last two years with the prestigious national Patent Contentious award for Canada. Additionally, our partners Andrew Reddon and Steven Mason were recently named by Euromoney’s Benchmark Canada as Canada’s Intellectual Property Litigators of the Year – Patents for their performance on several high-profile pharmaceutical and life sciences patent disputes in 2013. Most recently, they led the team representing AbbVie in its watershed patent infringement case against Janssen, wherein the Federal Court found AbbVie’s Canadian patent on anti-IL-12 antibodies patent valid and infringed. This was Canada’s first antibody engineering trial, and the action was the first in Canada dealing with the scope of protection for the new class of drugs known as "biologics". Additionally, McCarthy Tétrault’s IP litigators have being repeatedly recognized by numerous legal directories and peer-review guides, including Chambers Global: The World's Leading Lawyers for Business and the Canadian Legal Lexpert Directory. 
  • Unmatched expertise in intellectual property law. Our litigators work as a team with our firm’s leading subject-matter specialists including IP, life sciences, technology, energy, communications and pharmaceuticals. Our ability to combine litigation experience and subject-matter expertise means we deliver comprehensive legal services efficiently and effectively.
  • Strategic thinking. IP litigation is always part of a broader business objective. We make sure we understand what is core to your business and product strategy. Our advice is always strategic. The value isn’t just in the courtroom. We work with you to preserve your market, protect your assets or look to the future for new opportunities. Our lawyers are bred to think ahead.

If you have a case that goes to the core of your business and affects your bottom line or market position, you want the best. We pull together the right people with the right expertise to get the right result.