The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.
Bronze - Individuals: litigation
Tim Gilbert has acted as lead counsel on some of Canada's largest disputes in the pharmaceutical and technology industries and acts as a trusted advisor to major companies and investment funds across Canada.
Tim is known for creative approaches to complex legal problems. While he is a litigator by training, he constantly seeks to create value by monetising IP assets through licensing, joint ventures or, where necessary, litigation. When in litigation, Tim is constantly looking for innovative ways to fund matters, whether that's by having skin in the game or by coming up with unique funding models.
The respect Tim has earned extends to regulatory work as well, where Tim has successfully advocated for his clients' interests before Canadian and US legislators, the US Food and Drug Administration, Health Canada, the Competition Bureau, and the US Federal Trade Commission. The respect also extends across the border: while a Canadian at heart, Tim has acted and continues to act on major cross-border litigation.
Always a fellow with a keen eye for entrepreneurship, persuasion, leadership and design, Tim is the former Chair of the Design Exchange, Canada's national design museum, and teaches at OCAD.
If you want a creative solution to a complex problem, contact Gilbert’s LLP.
Gilbert’s is a boutique law firm based in Toronto. Gilbert’s is built to fit the legal and business needs of innovation-driven organisations in creative industries, including pharmaceutical, software, technology, energy, clean-tech, gaming, and media and entertainment.
Launched in 2001 by managing partner Tim Gilbert armed with only a briefcase and a cellphone, Gilbert’s was founded on the aim to break out of the conventional approach to legal services. Our lawyers and staff work in an integrated, multi-talented and principled manner to enable clients to overcome complex and unconventional challenges with creative solutions.
With a practice that encompasses litigation, patents, trademarks, government relations and IP disputes across borders, our firm excels where law, science, business and government intersect.
Gilbert’s provides deep industry knowledge and excellent, responsive client service. Offering a robust and well-rounded team, the firm succeeds for clients because it strives to make business sense of the complex.
We also investigate, vet and incorporate the use of new software technologies, including secure communication tools, to streamline our intra-office work and create deliverables.
In April 2018, Innovation, Science and Economic Development Canada commissioned a Gilbert’s report on integrated approaches to managing intellectual property. The report included case studies of eight Canadian companies and recommends best practices for a successful IP strategy.
Litigation
Gilbert’s is at home in the courtroom and the boardroom. The firm represents some of the largest pharmaceutical and tech companies in bet-the-company litigation. The firm has a reputation for managing international legal disputes and litigating Canadian cases.
In the hotly contested pharmaceutical industry, the firm acts for both brand and generic manufacturers. In the emerging area of biosimilars, Gilbert’s is familiar with both sides of the industry.
Prosecution
Gilbert’s has a robust rights creation team, including professionals with strong scientific and technical expertise. Our team-based approach allows our prosecution professionals to incorporate insights from litigation successes to improve client outcomes.
Copyright
Gilbert’s acts for many major industry players, as well as individuals, in protecting valuable artistic and software assets. Vik Tenekjian leads the firm’s enforcement efforts.
Key personnel
- Tim Gilbert – an IAM Patent 1000 Recommended Individual – is the founder and managing partner of Gilbert’s.
- Andrew Moeser is a partner at Gilbert’s and a patent litigator with experience in the life sciences, IT, gaming and oil and gas industries. Possessing a master’s in biology and having worked as a coordinator of a Phase III clinical trial, Mr Moeser brings a practical understanding to the issues facing biotech and pharmaceutical companies.
- Nisha Anand – an IAM Patent 1000 Recommended Individual – is a partner at Gilbert’s and a patent litigator with a doctorate in molecular biology, genetics and cancer. Ms Anand has particular expertise and a keen interest in the area of biologic drugs. She has extensive knowledge and experience relating to complex, cross-border pharmaceutical patent disputes, as well as regulatory aspects of the pharmaceutical industry. Ms Anand also has patent litigation experience in other industry sectors, including information technology and oil and gas.
- Zarya Cynader is a partner at Gilbert’s and licensed to practise law in Ontario and New York. Ms Cynader’s practice extends to all areas of intellectual property, including copyright, trademarks, industrial design, trade secret law and patents. She has experience coordinating complex pharmaceutical and IT patent litigation.
- Before Gilbert’s, Paul Banwatt served as chief operating officer and general counsel of the 3D scanning start-up Matter and Form Inc. He has spoken on law and emerging technologies for the Intellectual Property Institute of Canada, the American Intellectual Property Law Association, the Mexican Association for the Protection of Intellectual Property, INTA and the USPTO. Mr Banwatt’s practice includes high tech IP litigation, emerging technologies and entertainment law.
- Kevin Siu is a creative and practical advocate who represents clients in all manner of IP disputes. Mr Siu has fought for numerous clients from multinational pharmaceutical companies, video game developers, to local small businesses. Mr Siu also has experience in drafting patents, obtaining trademark registrations and negotiating agreements.