Litigation

Our lawyers have represented clients before a variety of courts and tribunals including the Supreme Court of Canada. PNK Law has a successful track record of advocating for our client’s rights to protect their valuable intellectual property assets.

Our litigation team has decades of combined experience representing plaintiffs and defendants of all sizes, from start-ups to large multi-nationals, in all types of intellectual property litigation across a wide range of industries. With a proven track record of success, PNK Law is routinely entrusted with our clients’ most important IP litigation matters.

We take a client-focused approach to every one of the cases we handle. Our team believes that timely communication and responsiveness are core aspects of a successful litigation strategy. We make sure to take the time to thoroughly understand our client’s business so that we can provide a practical and effective strategy for each case.

The size of our litigation team also allows us to be flexible in meeting the specific needs of each client as efficiently as possible, while still providing exceptional service to help advance our client’s strategic goals.

Our litigators are fierce advocates and have extensive trial and appellate experience. However, we also understand that sometimes the most successful battle is the one that is not fought. Even if litigation ends outside the courtroom, our litigators work tirelessly in an effort to ensure that our clients obtain a favourable outcome for their business.

This is a representative list of cases PNK Law has been involved in:

NCS Multistage v Kobold Corporation

We represented Kobold Corporation in a multi-patent dispute (2023 FC 1486) which the Court agreed was “perhaps the most complex intellectual property matter before the Federal Court”. Following an intensive six-week trial, our strategic efforts resulted in a favorable outcome for Kobold. The Federal Court not only found that NCS’ five asserted were patents invalid but also affirmed the validity and infringement of Kobold's patent in counterclaim. (See also, 2021 FC 1395).

Seismotech Holdings Inc. v John Does and ecobee

We represent ecobee in a patent infringement “John Doe” action relating to smart thermostats. In a preliminary motion, we successfully moved to have ecobee added as a defendant in the action (2023 FC 1335).

Seismotech Holdings Inc. v John Does and ecobee

We represent ecobee in a patent infringement “John Doe” action relating to smart thermostats. In this matter, we successfully defended ecobee’s interests in responding to a Norwich Motion brought by Seismotech against a third party (2023 FC 1649).

Kobold Corporation v NCS Multistage

Our representation of Kobold involved responding to a summary judgment motion (2021 FC 1437), in which NCS sought to summarily dismiss Kobold’s action on the basis of a prior user defence. We successfully responded to the motion, resulting in a determination by Federal Court that there were genuine issues for trial. In its decision, the Federal Court also entirely accepted the claim construction put forward by Kobold’s expert for the patent in issue.

NCS Multistage v Kobold Corporation

We successfully represented Kobold in defending against a motion for an interlocutory injunction before the Alberta Court of Kings Bench (2018 ABQB 485) in the context of an action for breach of contract.

2016-20 ReSound Tariff Hearing regarding the Use of Music at Live Sporting Events

We represent the NFL, NHL, CFL and the Toronto Blue Jays (MLB team) in proceedings to determine the royalties to be paid for the use of recorded music at live sporting events.

2014-18 Distant Television and Radio Signal Retransmission Tariff Hearing (Copyright Board of Canada)

We represented FWS Joint Sports Claimants (a copyright collective comprised of the NHL, NFL, NBA, and CFL sports leagues) in proceedings to determine the royalties to be paid.

Bell Canada et al v Copyright Collective of Canada et al Federal Court of Appeal - 2021

We represented FWS Joint Sports Claimants on the appeal of the decision of the Copyright Board of Canada with respect to the 2014-18 Distant Television and Radio Signal Retransmission Tariff.

Frac Shack Inc et al v
AFD Petroleum Ltd

We represented Frac Shack in a patent infringement action relating to a system and method for fuel delivery at an oil or gas well site. Following a three-week trial, the trial judge found that claims of Frac Shack’s patent were valid and infringed, and awarded an injunction, an accounting of profits, reasonable compensation for pre-issue infringement, and legal costs (2017 FC 104). The trial judge upheld his decision in its entirety following a re-determination ordered by the Federal Court of Appeal (2018 FC 1047).

Red Wing Shoe Company Inc et al v Viberg Boot Mfg Ltd et al

We represented Red Wing in an action for passing off and copyright infringement relating to work boots. The matter was settled before trial, with consent judgments issuing against the defendants acknowledging the defendants’ wrongdoing and enjoining future infringement.

Canplas Industries Ltd v
Lomanco Inc et al

We represented Canplas in a patent infringement action relating to roof vents, which was settled before trial.

Litigation

This is a representative list of cases PNK Law has been involved in:

NCS Multistage v Kobold Corporation

Seismotech Holdings Inc. v John Does and ecobee

Seismotech Holdings Inc. v John Does and ecobee

Kobold Corporation v NCS Multistage

NCS Multistage v Kobold Corporation

2016-20 ReSound Tariff Hearing regarding the Use of Music at Live Sporting Events

2014-18 Distant Television and Radio Signal Retransmission Tariff Hearing (Copyright Board of Canada)

Bell Canada et al v Copyright Collective of Canada et al Federal Court of Appeal - 2021

Frac Shack Inc et al vAFD Petroleum Ltd

Red Wing Shoe Company Inc et al v Viberg Boot Mfg Ltd et al

Canplas Industries Ltd vLomanco Inc et al

PNK Law represents a wide spectrum of clients from individuals to large multinational corporations

Frac Shack Inc et al v
AFD Petroleum Ltd

Canplas Industries Ltd v
Lomanco Inc et al