Marcus is a seasoned trial and appellate lawyer representing clients in complex intellectual property litigation matter in a all areas including pharmaceuticals, medical devices, webcasting, environmental remediation, aviation, infrastructure and prepared foods. He was counsel on the “Milestone Case 2013” awarded by Managing Intellectual Property, and is ranked in Lexpert; Chambers Global; Benchmark Canada; MIP; and the IAM Patent 1000. He most recently represented W.L. Gore & Associates Inc. in a patent infringement and validity case involving artificial arteries. The corresponding litigation in the United States was described by the Court as the most complicated case the Court had presided over.
Marcus has appeared before the Supreme Court of Canada, the Federal Court of Appeal, the Court of Appeal for Ontario, the Federal Court of Canada, the Ontario Divisional Court, the Ontario Superior Court of Justice, the Copyright Board of Canada, administrative bodies and arbitration tribunals.
Marcus received his Ph.D. from Queen’s University, and his law degree from Osgoode Hall. He was the recipient of numerous scholarships and academic awards. Dr. Klee was called to the Ontario bar in 2002 after clerking at the Court of Appeal for Ontario.
- Successfully represented Teva Canada Limited in securing a damages award of $105 million (Teva Canada Ltd v Pfizer Canada Inc 2017 FC 526 Zinn J on remand from 2016 FCA 161 var’g 2014 FC 248 and reasons re pre-judgment interest 2014 FC 634.)
- Successfully represented Teva Canada Limitedbefore the Supreme Court of Canada in reversing two lower court decisions and defeating Pfizer’s patent for Viagra® (Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60)
- Successfully argued on behalf of the Association of Canadian Community Colleges and the Association of Universities and Colleges of Canada before the Supreme Court of Canada in an appeal involving fair dealing under the Copyright Act (Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37)
- Successfully represented L. Gore & Associates Inc. in a patent infringement and validity case involving artificial arteries.
- Represented Re:Soundbefore the Supreme Court of Canada on a significant issue of statutory interpretation (Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38)
- Successfully represented Teva Canada Limitedin defeating a patent covering the schizophrenia drug Seroquel XR® and securing market access (AstraZeneca Canada Inc. v. Teva Canada Limited, 2013 FC 245)
- Successfully represented Suncor Energyin a patent infringement and validity suit involving environmental remediation technology for the oil sands (Federal Court T- 1749-11)
- Successfully represented Ratiopharm Inc.at trial and appeal in securing a declaration that a patent covering the blockbuster hypertension drug Norvasc® was invalid (Ratiopharm Inc. v. Pfizer Ltd. 2009 FC 711, affirmed 2010 FCA 204)
- Representing Global Traffic Technologies, LLCin a patent infringement action involving priority traffic signal controls for emergency responders (Global Traffic Technologies, LLC v. Emtrac Systems, Inc., T-736-11)
- Successfully represented Ratiopharm Inc.in defeating a patent covering the pulmonary hypertension drug Revatio® and securing market access (Pfizer Canada Inc. v. Ratiopharm Inc. 2010 FC 612).
- Successfully represented Bombardier Aerospacein a patent infringement and validity action involving potable water systems for aircraft (International Water-Guard Industries Inc. v. Bombardier, T-1064-06)
- Successfully represented Ratiopharm before the Federal Court of Appeal in securing market access for Ratiopharm Inc.’s version of the blockbuster drugEffexor XR® (Wyeth Canada v. ratiopharm Inc. 2007 FCA 264)
- Represented Re:Soundbefore the Copyright Board of Canada in tariff setting proceedings.
- RepresentedNovopharm Ltd. in a patent infringement and validity action involving the drug Levaquin® (Janssen-Ortho Inc. v. Novopharm Ltd. 2006 FC 1234, affirmed 2007 FCA 217)
- Counsel to Mylan Pharmaceuticals ULC in several applications under the NOC Regulationsinvolving patents covering the drugs Aricept®, Pantoloc®, and Nexium® (Pfizer Canada Inc. v. Mylan Pharmaceuticals ULC, 2011 FC 547; Lundbeck Canada Inc. v. Canada2010 FCA 320, aff’g 2009 FC 146; Nycomed GmbH v. Canada (2008) 64 C.P.R. (4th) 388 (F.C.)
- Successfully represented Abbott Laboratoriesbefore the Federal Court, and the Federal Court of Appeal, in over 10 separate proceedings against generic drug manufactures involving patents for the drug Biaxin®.
- Represented Neopost Canada Ltd. in successfully resisting the execution of an Anton Piller order and preventing the issuance of an interlocutory injunction in a trade secrets case (Neopost Canada Ltd. v. 566812 Ontario Ltd.(2003) 125 A.C.W.S. (3d) 404 (Ont. S.C.))
- Stanley v. Ontario (Health Professions Appeal and Review Board)(2003) 5 Admin. L.R. (4th) 112 (Ont. Div Crt)
- v. Stucky(2005) 206 C.C.C. (3d) 140 (Ont S.C.)
- Ontario Council of Hospitals Unions v. Ontario(2003) 125 A.C.W.S. (3d) 694; (Ont. Div Crt)
- Stucky v. Canada (Attorney General) F.C.J. No. 2155 (F.C.T.D.)
- Lexpert: Repeatedly Recommended (2017, 2016, 2015)
- Chambers Global: The World’s Leading Lawyers for Business: Intellectual Property Litigation (2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010)
- Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys (2017, 2016, 2015, 2014, 2013, 2012) Litigation Star (for Intellectual Property)
- IAM Patent 1000 – ranked as one of the world’s leading patent practitioners, (2017, 2016, 2015, 2014, 2013, 2012)
- Managing Intellectual Property: IP Star (2017, 2016, 2015, 2014, 2013, 2012)
- “Chapter 1: Patent Litigation “ in Paul Lomic ed., Intellectual Property Litigation: Forms and Precedents (LexisNexis Canada 2016).
- “Chapter 4, Utility”, Cameron ed., Canadian Patent Law Benchbook, Second Edition (Carswell 2014”
- “Chapter 4, Utility”, Cameron ed., Canadian Patent Law Benchbook, First Edition (Carswell 2012)
- Utility, Intellectual Property Law Primer (Donald M. Cameron, ed.,) LSUC 2010, 2007).
- IPIC Webinar– SCC Decision Teva Canada Ltd v. Pfizer Canada Inc. Dec 4, 2012
- IPIC Webinar– Pentalogy (Part 2) (September 14, 2012)
- “Supreme Court Reaches Decisions in Copyright Cases”, (July 2012)
- “Trade-marks: Infringement and Depreciation of Goodwill” inDonald M. Cameron, ed., Canadian Trade-Mark Law Benchbook, (Carswell 2012).
- “Copyright”, in R. Dimock, ed. Intellectual Property Disputes: Resolutions and Remedies (Carswell, 2002+).
- Intellectual Property – The Year in Review, Update on Copyright, Law Society of Upper Canada, 2011, and 2012.
- Canadian Copyright, Design, and Related Legislation and Jurisprudence: 2011, CIPR, Vol 28, No. 1 June 2012
- Canadian Bar Association
- Advocates Society
- Intellectual Property Institute of Canada
- American Intellectual Property Law Association
- Osgoode Society