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Experience

IP Litigation

Selected IP Litigation Cases

  • 2248951 Ontario Inc. (c.o.b. Abstract Studio) et al. v. 10.1 Inc. et al. (T-485-15)
  • Paris Station Inc. et al. v. HB Royalty Watch & Jewellery Corp. (T-2079-14)
  • Brandshare Inc. dba Victoria Emerson v. AN and Associates Inc. dba Florence Scovel (T-1244-14)
  • Pfizer Canada Inc. et al. v. Teva Canada Limited et al. (T-1551-13)
  • Gennum Corporation v. V Semiconductor Inc. et al. (CV-12-445657)
  • Teva Canada Limited v. Canada (Health) and Sanofi-Aventis Canada Inc. (T-1172-10, A-215-11)
  • Research In Motion Limited v. AGC (Commissioner of Patents) (T-66-10)
  • The Upper Deck Company, LLC v. Konami Digital Entertainment Inc. et al. (T-291-09)
  • Halliburton Energy Services Inc. et al. v. BJ Services Company and Sanjel Corporation (T-1969-08)
  • Merck-Frosst-Schering Pharma GP et. al. v. Canada (Health) and Teva Canada Limited (T-1610-08)
  • Research In Motion Limited v. Visto Corporation (T-1105-06)
  • MGM Well Service, Inc. v. Mega Lift Incorporated (T-174-06)
  • The Litebook Company Ltd. v. Apollo Light Systems Inc. (T-2159-05)
  • Ronald Harrison and Carolina Mat Co. Inc. v. Swamp Mats Inc. (T-2099-05, A-271-09)
  • Ronald Harrison and Carolina Mat Co. Inc. v. Sterling Lumber Company (T-2058-05, A-270-09)
  • Foster-Miller et al. v. Framatome ANP et al. (T-167-04)

Patent

  • Preparing, filing and prosecuting patent applications as the applicant's Canadian patent agent or United States patent agent for numerous technologies, including:
    • software and systems in various fields including e-commerce, banking, encryption, digital communication, energy, distributed gaming, optometry, 3D imaging, 3D printing, and mobile devices
    • arcade and card games
    • disinfectants
    • water collection devices
    • stereoscopic devices
    • wireless communication devices
    • harnesses
    • premixes and enriched food products
    • confectionery
    • power systems
    • diagnostic methods
    • sporting goods
    • rehabilitation devices
    • computer networking equipment
    • interlocking flooring
    • orthopedic supports
  • Preparing and filing protests against competitors' patent applications
  • Preparing patent assignments and licences
  • Preparing patentability, freedom to practice, infringement and validity opinions
  • Advising on options to design around patents
  • Acting as counsel in numerous patent infringement cases
  • Acting as counsel in an application to the Federal Court to vary entries in the records of the Canadian Patent Office
  • Acting as counsel in Patented Medicines (Notice of Compliance) proceedings

Trademark

  • Preparing, filing and prosecuting trademark applications as the applicant's Canadian trademark agent for businesses in various industries, including:
    • manufacturing
    • toys and games
    • software
    • disinfectant products
    • social networking
    • publishing
    • investigative, security and surveillance services
    • exam preparation
    • real estate
    • beauty products
    • e-commerce
  • Representing clients in trademark oppositions and expungement proceedings as their Canadian trademark agent
  • Preparing trademark assignments and licences
  • Acting as counsel in trademark infringement and passing off litigation
  • Advising as to ownership of copyright
  • Preparing copyright assignments, licences and waivers of moral rights
  • Negotiating licenses of copyrighted works
  • Acting as counsel in copyright infringement and breach of contract litigation relating to licensed copyrighted works
  • Acting as counsel in copyright infringement and misappropriation of confidential information litigation
  • Acting as counsel in copyright infringement litigation relating to photographic works
  • Acting as counsel in an application to the Federal Court to vary entries in the records of the Canadian Copyright Office

Industrial Design

  • Preparing, filing and prosecuting industrial design applications and design patent applications for various types of articles, including:
    • office furniture
    • confectionery
    • packaging
    • transportation devices
  • Preparing industrial design and design patent assignments
  • Preparing infringement and non-infringement opinions relating to industrial designs

IP Agreement

  • Drafting and recording assignments and licences of intellectual property rights
  • Drafting confidentiality and non-disclosure agreements for technology companies
  • Drafting assignments of IP and waivers of moral rights for use with employees or contractors
  • Advising on ownership of IP where IP has been created by employees or contractors with and without written agreements
  • Drafting joint ownership agreements
  • Advising on existing contracts relating to IP

IP Audit, Due Diligence and Competitive Analysis

  • Identifying the forms of IP protection that are applicable to a new product or service
  • Investigating and identifying a company’s IP assets and opportunities to better protect the company’s IP assets and increase their value
  • Conducing due diligence of the IP assets owned by or licensed to an acquisition target
  • Investigating and evaluating the IP assets owned by a competitor

Prior Employment

Before founding Heer Law, Christopher Heer worked on Bay Street for ten years at a prominent full-service firm and a top intellectual property boutique. Prior to law school, he gained technical experience at four different companies in the information technology sector. Further details about his employment history are available on his LinkedIn profile.

Contact Christopher Heer

Phone: 416-546-7303
Fax: 416-352-5709