Dan is a senior associate practicing in all areas of intellectual property litigation, including complex pharmaceutical, mechanical/engineering, chemical and agri-food patent litigation, trademark infringement and expungement proceedings, industrial design actions, and copyright litigation. He has appeared as counsel before the Federal Court, Federal Court of Appeal, Ontario Superior Court of Justice and Trademarks Opposition Board.
Dan’s approach to IP litigation is client-centric, pragmatic, and cost-conscious, but also driven towards success in the courtroom and at the negotiating table – this approach translates well to a diversity of clients, from small start-up enterprises to major international corporations. Dan’s experience spans all aspects of contentious IP matters, including drafting and response to demand/cease and desist letters, engaging in settlement negotiations, and conduct of litigation from pleadings, through discovery, expert reports, trial and appeals. In all tasks, he leverages the critical analysis and problem-solving skills sharpened during his study of biochemistry and honed while enjoying his woodworking hobby.
Dan is also a registered Canadian trademark agent, allowing him to appear before the Trademarks Opposition Board in trademark opposition and summary cancellation proceedings. He has appeared as counsel both before the TMOB and on appeals of opposition decisions before the Federal Court.
Additionally, Dan acts as the firm’s senior Ottawa-based agent in practice before the Supreme Court of Canada and is available to advise and provide agency services for all SCC matters, including leave applications, motions to intervene and appeals.
Representative Work
- Travel Leaders Group, LLC v. 2042923 Ontario Inc. 2023 FC 319 – Litigation leading to successful expungement of opposing party’s trademarks and defence of counterclaim for trademark infringement, including rare instance of punitive damages awarded against the opposing party.
- Novartis AG v. Biogen Inc. and Samsung Bioepis Co., Ltd. 2024 FC 52 – Defence of trademark infringement application relating to biologic/biosimilar pharmaceutical product names in a highly specialized clinical environment. (This matter is currently under appeal: Federal Court of Appeal File Nos. A-26-24 and A-27-24).
- Representing generic pharmaceutical and biosimilar companies in complex patent litigation, including in respect of small-molecule and biologic/biosimilar drugs (e.g., Federal Court File Nos. T-2102-24, T-1241-22, T-1482-22, T-192-22, T-603-17 and T-605-17).
- Acting as counsel for the Canadian Generic Pharmaceutical Agency in its leave to intervene motion and subsequent intervention regarding the interpretation of the Patented Medicines (Notice of Compliance) Regulations (T-1369-23).
- Representation of U.S.- and international-based clients in respect of letters rogatory/letter of request matters before the Ontario Superior Court of Justice.
- Frequent Ottawa-based agent for parties and interveners in leave applications, motions to intervene and appeals before the Supreme Court of Canada.
- Litigation of food-related industrial designs and food manufacturing equipment on behalf of a large multinational food processor and wholesaler.*
- Several actions on behalf of a market-leading automobile accessory manufacturer against large retailers, resulting in favourable settlements including the ceasing of sales of the impugned products.*
- Defence against trademark infringement and passing-off allegations relating to high rise construction equipment.*
- Involved in high-stakes accounting of profits trial and appeal resulting in the leading law on patent infringement profits in Canada.*
*Notable matters prior to joining Osler, Hoskin & Harcourt LLP
- Frequent Ottawa-based agent for parties and interveners in leave applications, motions to intervene and appeals before the Supreme Court of Canada.
- Litigation of food-related industrial designs and food manufacturing equipment on behalf of a large multinational food processor and wholesaler.*
- Several actions on behalf of a market-leading automobile accessory manufacturer against large retailers, resulting in favourable settlements including the ceasing of sales of the impugned products.*
- Defence against trademark infringement and passing-off allegations relating to high rise construction equipment.*
- Involved in high-stakes accounting of profits trial and appeal resulting in the leading law on patent infringement profits in Canada.*
*Notable matters prior to joining Osler, Hoskin & Harcourt LLP
Latest Insights
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Osler Update Jun 5, 2023
Overbroad patent claims: Canadian law may draw strength from policy behind U.S. and U.K. Supreme Court rulings
A recent U.S. Supreme Court decision serves as a reminder that a bargain underlies the issuance of a patent and that an applicant must fully and...
Read more
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Osler Update Aug 17, 2022
Patty patents: Canadian courtroom grilling in the works?
There is a new beef in the plant-based meat market, but you won’t find this one on the shelves of your local grocery store.
Read more
Awards and Recognition
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Recognized as “One to Watch” in Intellectual Property Law
—Best Lawyers
Community Involvement
- Intellectual Property Institute of Canada, Conference Committee member (2022-present); Litigation Committee member (2022-2024)
- Acting as pro bono agent for parties and interveners before the Supreme Court of Canada
Speaking and Writing
Speaking Engagements
Intellectual Property Institute of Canada (IPIC) Annual Conference 2022
Intersection of Environmental, Social and Governance (ESG) with Intellectual Property (Moderator)
Protein Industries Canada: Patents and Trade Secrets: Strategies, Pitfalls and Court Battles (2022)
Published Work
- Functional characterization of a Kar3/Vik1-like Kinesin-14 heterodimer from the filamentous multinucleate fungus Ashbya gossypii (Thesis), QSpace – Queens University, 2012.
- Crystal structure of the Kar3-like kinesin motor domain from the filamentous fungus Ashbya gossypii, PubMed, 2012.
- Obtaining highly purified intrinsically disordered protein by boiling lysis and single step ion exchange, Analytical Biochemistry, 2009.
Credentials
Education
- University of Ottawa, J.D. Common Law, Cum Laude
- Queen’s University, M.Sc. Biochemistry
- University of Guelph, B.Sc. (Hons.) Biochemistry
Languages
- English
Professional Affiliations
- Canadian Bar Association
- Ontario Bar Association
- Intellectual Property Institute of Canada (IPIC)
