Cases

Aitken Klee represents clients in high stakes patent, trademark and copyright litigation at all levels of the court, including a breakthrough patent case at the Supreme Court of Canada. With more than fourteen seasoned lawyers, Aitken Klee has a proven track record of success across a wide range of industries. Notable matters include the following cases:

  • David Aitken & Marcus Klee successfully represented Teva in an appeal to the Supreme Court of Canada which set aside Pfizer’s patent for Viagra. (Teva Canada Ltd. v. Pfizer Canada Inc2012 SCC 60)
  • Aitken Klee represented the Canadian Generic Pharmaceutical Association in Eli Lilly’s arbitration under NAFTA involving a claim for $500 million consequent  to the invalidation of Lilly’s patents related to STRATTERA and ZYPREXA for lack of utility under the Patent Act.
  • Aitken Klee successfully represented Two-Way Media Ltd. in a patent infringement and validity suit involving internet streaming technology against Bell Canada and Telus.
  • Aitken Klee successfully 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 has presided over.
  • Aitken Klee represented the Canadian Generic Pharmaceutical Association as an intervenor on numerous patent appeals before the Supreme Court of Canada.
  • Aitken Klee successfully represented Teva Canada Limited in securing a damages award of over $105 million for Teva’s venlafaxine product (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.
  • Aitken Klee successfully represented Teva Canada Limited in securing a damage award in excess of $70 million for Teva’s olanzapine product (Eli Lilly Canada Inc. v. Teva Canada Ltd v Pfizer Canada Inc. 2017 FCA 88.)
  • Aitken Klee successfully represented Teva Canada Limited in securing substantial damages against Pfizer for Teva’s pregabalin product (Teva Canada Limited v. Pfizer Canada Inc.2017 FC 332)
  • Aitken Klee defended Suncor Energy Inc. in a patent infringement action in the Federal Court of Canada involving Suncor’s oil sands tailings ponds remediation technology.
  • Aitken Klee partner Marcus Klee represented the Association of Universities and Colleges of Canada and the Association of Canadian Community Colleges, before the Supreme Court of Canada in an appeal involving fair dealing and the copying of course material (Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright)
  • Aitken Klee partners Jon Stainsby and Bill Mayo successfully represented Warner Brothers Entertainment Inc. in resisting an interlocutory injunction in the Ontario Superior Court of Justice seeking to prevent the release of “Harry Potter and the Goblet of Fire” brought by a Winnipeg-based folk band for alleged passing off.
  • Aitken Klee successfully represented Thermon Manufacturing Co. in resisting an application seeking to amend the named inventors of a Thermon patent directed to a pipe heating cable used in cold weather environments, such a mining.  (Drexan Energy Systems Inc. v. Canada (Commissioner of Patents, 2014 FC 887)
  • Aitken Klee LLP represented Unilever Canada Inc. in patent infringement action related to anti-dandruff and conditioning shampoos brought by the Procter & Gamble Company.Aitken Klee partner Bill Mayo successfully represented Novopharm Limited in opposing AstraZeneca Canada’s appeal of the Federal Court’s decision to refuse a trade-mark application for a felodipine yellow tablet design on the basis of non-distinctiveness. (Astrazeneca AB v. Novopharm Ltd. 2003 FCA 57)
  • Aitken Klee is representing Anova Foods, LLC in defending a patent infringement action brought by Sea Delight Canada LLC in respect of a method of making tasteless smoked seafood.
  • Aitken Klee successfully represented Teva Canada Limited in two proceedings (2014 FC 184, 2014 FC 247) under the Patented Medicines (Notice of Compliance) Regulations involving the Janssen Inc.’s bortezomib product, VELCADE where the Court held that both patents were obvious. Aitken Klee is currently representing Teva in its consequent claim for damages.
  • Aitken Klee is representing the Global Traffic Technologies, in a patent infringement action involving traffic signal preemption technology and is defending against a counterclaim of invalidity brought by KM Enterprises and STC Inc.
  • Aitken Klee successfully represented EnCana Corporation in resisting a motion and an appeal seeking to disqualify EnCana’s lawyers of record in a patent infringement action relating to chemical compositions for de-oiling water in oil recovery operations. (C. Steven Sikes, Aquero, LLC v. Encana Corporation, Cenovus Fccl Ltd.,  2016 FC 671)
  • Aitken Klee successfully represented Teva Canada Limited at the Federal Court and Federal Court of Appeal in challenging the Minister of Health’s policy to list patents claiming a single medicinal ingredient on the Patent Register against combination products. As a result of the Court of Appeal’s decision, the Government amended the Patented Medicines (Notice of Compliance) Regulations. (ViiV Healthcare ULC v. Teva Canada Limited – 2015 FCA 93)
  • Aitken Klee partner Jon Stainsby acted for a group of leading American magazine publishers and the Magazine Publishers of America, Inc. in proceedings to enforce their copyright and trade-marks by preventing ongoing infringement through the posting of magazines on “mygazines.com”. The web site was taken down.
  • Aitken Klee has or is representing Teva Canada Limited in numerous trials for the recovery of damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations.