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 a dozen seasoned lawyers, Aitken Klee has a proven track record of success across a wide range of industries. Notable matters include the following cases:

  • Scott Beeser, Jonathan Stainsby, Marcus Klee, Aleem Abdulla and Yaseen Manan successfully defended Teva Canada Limited, Pharmascience Inc. and Laboratoire Riva Inc. in a multi-defendant patent infringement action where all asserted claims to a low dose formulation of tadalafil, the active ingredient in Eli Lilly’s blockbuster CIALIS product,  were held to lack novelty and be obvious in light of the prior art (2020 FC 816).
  • Scott Beeser, Jonathan Stainsby and Aleem Abdulla successfully defended Taro Pharmaceuticals Inc. and Pharmascience Inc., in the first “common issues” validity trial under the new Patented Medicines (Notice of Compliance) Regulations where all asserted claims were held obvious, knocking nearly 5 years off the patent protection for Biogen’s FAMPYRA (fampridine) product (2020 FC 61).
  • Aitken Klee represented Teva in one of the first full actions under revised  Patented Medicines (Notice of Compliance) Regulations involving the drug paliperidone palmitate (2020 FC 593)
  • Marcus Klee and Devin Doyle successfully represented Pharmascience in a summary trial before the Federal Court, and in the appeal to the Federal Court of Appeal, which resulted in the dismissal of Pfizer’s claims of patent infringement in a damages case involving the drug pregabalin (2019 FC 1271 and 2020 FCA 55)
  • Aitken Klee is representing Petrochemical Commercial Company International Ltd in an international fraud case and has obtained  Mareva and Anton Piller injunctions against multiple defendants resident in Canada.
  • Aitken Klee successfully represented Teva Canada Limited in its claim for damages (2018 FC 754, 2019 FCA 273), where the Court invalidated two patents on grounds of obviousness, and held that a third patent was not infringed
  • Aitken Klee has represented (T-894-13) and is representing Teva Canada Limited in proceedings under the Patented Medicines (Notice of Compliance) Regulations asserting Teva’s patent rights in relation to its Copaxone® franchise , T-1478-18, T-1479-18, T-2182-18, T-2183-18).
  • Aitken Klee is representing Natco Pharma (Canada) Inc. in three actions under the Patented Medicines (Notice of Compliance) Regulations involving the multiple myeloma drugs lenalidomide and pomalidomide (T-1527-19, T-1529-18, T-353-20).
  • Aitken Klee is representing Natco Pharma (Canada) Inc. in a judicial review application challenging the Minister of Health’s policy of listing a product with a combination of medicinal ingredients on the Register of Innovative Drugs on the basis of a product containing different combination of medicinal ingredients (T-1353-19).
  • Aitken Klee is representing Dr. Reddy’s Laboratories Ltd. in proceedings commenced under the Patented Medicines (Notice of Compliance) Regulations.
  • Aitken Klee is representing  Teva Canada Limited (T-1631-16), Pharmascience Inc. (T-1623-16) and Laboratoire Riva  Inc. (T-1624-16)  in patent infringement actions brought by Eli Lilly in respect of the drug CIALIS (tadalafil).
  • 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 is representing Paid Search Engine Tools. LLC in a patent infringement suit against Google related to Google’s Ads product (T-40-18)
  • 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 damage award in excess of $70 million for Teva’s olanzapine product (Eli Lilly Canada Inc. v. Teva Canada Ltd  2017 FCA 88).
  • Aitken Klee successfully represented Teva at the Federal Court of Appeal in a proceeding under the  Patented Medicines (Notice of Compliance) Regulations involving the drug atazanavr (2017 FCA 76) in the first judicial decision to substantively address the meaning of “inventive concept”.
  • 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 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 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 LLP represented Unilever Canada Inc. in patent infringement action related to anti-dandruff and conditioning shampoos brought by the Procter & Gamble Company.
  • 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 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 represented 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 represented 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 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.
  • 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 Inc. 2012 SCC 60).
  • 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).