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.
Silver - Firms: prosecution
Silver - Firms: litigation
The IP team at Aird & Berlis LLP and Aird & McBurney LP works together seamlessly to provide a service that is “not only business minded, but timely and budget friendly. It is a go-to firm in Canada”. Its Toronto-based line-up is a good one, with a strong prosecution group being formed by Kimberly McManus, Lola Bartoszewicz, Erica Lowthers and Kitt Sinden. McManus represents numerous organisations that are leaders in their industry. She offers a variety of services that make a difference, including prosecuting patent applications, managing global portfolios and conducting due diligence. Essential to her clientele’s success, Bartoszewicz is a superb project manager who understands the business criticality of patents and balances every action with a commercial vision. “Erica has a wealth of knowledge and is always ready to take on new projects. She articulates all options in detail and develops strategies, while keeping in mind the constraints of her clients’ business.” While providing creative and actionable ways to advance patent applications is the bread and butter of Sinden’s practice, he also has a lot of experience advising on pharmaceutical patent litigation, including proceedings brought under the new Patented Medicines (Notice of Compliance) Regulations (PM(NOC)). Overseeing the outfit’s litigation efforts, Timothy Lowman has over 42 years of experience under his belt. “Tim is always the best-prepared person in the room. Pragmatic and approachable, he knows the facts and presents extremely complex issues in a straightforward manner. Working with him is simply wonderful.” He is joined by Amy Grenon, “the definition of grace under fire. She is always professional, calm and persuasive when guiding patrons through difficult decisions, and is seen as a leading member of the IP bar who is well liked and respected by her peers.” “Amy uses her science background to provide practical advice in very technical cases and couples this incredible expertise with a business-minded lens, which is invaluable for clients.”
The combined intellectual property team of Aird & McBurney LP and Aird & Berlis LLP brings together patent and trademark agents and lawyers who secure Canadian and worldwide protection and provide enforcement of intellectual property rights.
Aird & McBurney and Aird & Berlis work closely to provide a full range of services in IP procurement, litigation, technology transfer and corporate transactions in connection with all forms of IP, including:
- industrial designs;
- trade secrets; and
- domain names.
Together, Aird & McBurney and Aird & Berlis provide seamless advice to our clients on a full range of IP services. We also work closely with other practice groups, including domestic and international tax, technology, communications, sports and media, franchising, corporate finance, corporate/commercial and labour and employment, to offer our clients advice that is responsive to all their business needs.
Members of the two firms have been in practice together for more than 30 years and have a strong history of collaboration.
Who We Help
We represent Fortune 100 companies in the life sciences, food and beverage, entertainment, media, sports and communications, energy and mining sectors, in addition to the electrical, mechanical, biomedical, computer engineering and software development industries. Our clients also include individuals, startups, universities, hospitals and research institutions.
Securing IP Rights
When it comes to securing IP rights, we are vigorous and strategic advocates. We assist clients in acquiring the appropriate IP rights to support their business mandates.
The patent agents of Aird & McBurney hold PhD, master of science or bachelor of engineering degrees in their fields of expertise. This technical depth allows them to offer unparalleled service in the preparation, prosecution and maintenance of patent and industrial design applications over a wide range of technologies and industries, including medical and agricultural biotechnologies, diagnostics, pharmaceuticals, chemistry, immunology, genetics, bioinformatics, mining, oil and gas, clean or green innovation (such as renewable energy, biofuels, solar power, wind power and water purification), munitions, medical devices, scientific instrumentation, wireless communications, e-commerce software, manufacturing and consumer products.
We provide patentability, freedom to operate, infringement and validity opinions, as well as trademark clearances and assistance in designing to avoid patent and trademark infringement. We have extensive experience in developing and managing strategic international IP portfolios while keeping up with the latest technical advances and the rapidly changing global IP climate. We also help our clients increase their brand exposure with the counsel of our lawyers who are experts in regulatory, advertising and marketing matters.
Our clients trust us to protect their IP rights against infringers, counterfeiters and cybersquatters and to defend them against invalid claims made by others. We represent our clients in all types of IP litigation involving patent, trademark, copyright, industrial design, confidential information and trade secret rights, domain name and Uniform Domain-Name Dispute-Resolution Policies and the Patented Medicines (Notice of Compliance) Regulations, as well as invention ownership, competition law, false advertising, product liability and professional negligence claims. We have substantial experience before the following courts and tribunals, as well as in the mediation and arbitration of IP and related matters:
- the Supreme Court of Canada;
- the Federal Court of Appeal;
- the Ontario Court of Appeal;
- the Federal Court;
- the Ontario Superior Court;
- the Alberta Court of Queen’s Bench;
- the Canadian Patent Appeal Board;
- the Canadian Patent Reissue Board; and
- the Trademarks Opposition Board.
We consult on the IP aspects of acquisitions, divestitures and financings. We conduct thorough due diligence reviews of IP assets in connection with corporate transactions, and act on behalf of lenders and borrowers for financings secured by IP, including the enforcement of such security. We have also acted on many tax-motivated public offerings and other creative financings based on IP, such as feature films and computer software.
Our expertise in technology transfer allows clients to effectively leverage their IP. We advise on licensing/joint development agreements, pooling agreements, asset purchase agreements, franchising agreements, security agreements, non-disclosure agreements, assignment agreements, and research and development agreements. We are experienced in structuring, drafting and negotiating all types of commercial agreements to protect our clients’ investments. Our team also has extensive experience in negotiating and drafting licences for enterprise-wide management systems and e-commerce providers.