Michael Crinson is one of Canada’s most experienced intellectual property law trial counsel and is recognized for his creative thinking to achieve optimal results and solutions to legal problems for his clients. Michael has been counsel on five separate trials in the past decade and has been counsel on numerous other contentious IP matters including patent, copyright, trademark, trade secret, and ownership and inventorship disputes. Michael has appeared as both trial and appellate counsel before the Federal, Ontario and Alberta courts in a variety of proceedings often in parallel with proceedings in jurisdictions including the United States, Europe, Australia and China.
Michael’s clients range from multinational corporations to start-ups, and from individuals to not-for-profit organizations. Whoever the client, Michael takes a practical approach to co-ordinate efforts and strategies with his client, or the team assembled by the client for the project at hand, whether that is cooperating with multiple counsel in several different jurisdictions or regular briefings of the client or key individuals within the client’s organization.
Michael uses the skills he has learned from his legal practice and from his pre-law experience in industry and academia to contribute to organizations within the profession of law and in his local community. Michael has contributed to the professional organizations of the Canadian Bar Association (CBA), Intellectual Property Institute of Canada (IPIC), International Association for the Protection of Intellectual Property (AIPPI) and the American Intellectual Property Law Association (AIPLA). He has received accolades from his clients and peers alike in respected publications including IAM Patent 1000, The Legal 500, Best Lawyers in Canada and Martindale-Hubbell.
In his community Michael has been on the boards for a school, a Church and the local soccer (football) club. Recognising his soccer playing skills may be limited, Michael has continued to actively participate in the game as a qualified soccer referee for many years.
- Trial counsel on behalf of plaintiff patentee finding the defendant liable, subsequently resulting in the largest patent damages award in Canada (2014 FC 844);
- Represented a patentee in the nuclear power industry in patent litigation relating to robotics, resulting in a favourable settlement;
- Successfully argued on behalf of a food industry franchisor in a precedent-setting decision that found reverse confusion to be actionable under Canadian trade-mark law (T-2023-01);
- Counselled an heir in respect of a copyright and moral rights dispute against a provincial government, resulting in a favourable settlement for my client;
- Successfully represented SNF Inc., the plaintiff in a patent impeachment action, challenging the defendants’ claims to Wigmore privilege, European Patent Attorney privilege and litigation privilege in several groups of documents (2004 FC 616);
- Acted for the patentees Kudelski S.A., OpenTV Inc. and Nagravision S.A. in a patent infringement action asserting several patents related to IPTV (T-262-17);
- Represented an author of a novel in a copyright dispute over a screenplay in a major motion picture;
- Successfully counselled a medical device manufacturer to the dismissal of patent allegations made by a non-practising entity;
- Trial counsel for SNF Inc., resulting in the successful impeachment of a patent related to the use of polymers in the oil sands;
- Counsel for a defendant heavy equipment manufacturer in the logging industry and successfully brought a motion in the Federal Court of Canada that opened the door to a preliminary trial on the issue of claim construction prior to the main trial on patent infringement and validity – the case settled prior to trial (T-1300-02);
- Counsel for Research in Motion, successfully alleging patent infringement in respect of 3 patents (T-1105-06)
- Counsel on behalf of Mycogen Plant Science, Inc. in a series of patent conflict proceedings relating to genetically modified seeds and plants resulting in the successful issue of a patent to Mycogen (T-1524-08/T-1569-08/T-1581-08).
- IAM Patent 1000, Canada
- The Legal 500 Canada (Intellectual Property)
- Best Lawyers in Canada (Intellectual Property Law), 2015-2017
- Martindale-Hubbell, Distinguished® Peer Review Rated
Affiliations and Sample Publications and Presentations
- AIPPI, Canadian representative on the standing committee on Enforcement of Intellectual Property rights;
- American Intellectual Property Law Association, Member;
- Canadian Bar Association, Member;
- Intellectual Property Institute of Canada, Basics of Law Committee Past Chair;
- Co-presenter, AIPLA Electronic and Computer Patent Law Summit, “How Not To Create an International Incident: US and Canadian Perspectives On Counsel-To-Counsel and Counsel-To-Court Duties in Practising Entity Litigation and Troll Litigation”, June 2017.
- Co-author, “The Imitation Game,” The Lawyers Weekly, March 2016
- Co-author, “Science v. Sales,” The Lawyers Weekly, July 2015
Education and Qualifications
- Admitted to the Ontario Bar, 1999
- Registered Patent Agent and Trademark Agent
- LL.B., Osgoode Hall Law School, 1997
- M.Sc. (Biophysics), University of Guelph, 1991
- B.Sc. (Biochemistry), University of Dundee, 1988