Litigation is typically the term referring to the many varied court based process whereby parties seek to enforce their legal rights as Plaintiffs, or defend their conduct as Defendants against the legal claims by third parties. Often referred to by many different names, such as legal actions, law suits, legal proceedings, court proceedings and the like, in the context of intellectual property and business law, the most common forms of litigation would be for infringement, expungement, passing off, unfair competition, and breach of contract or breach of agreement.
The Patent lawyers at Andrews Robichaud have a deep understanding of Patent Laws as well as a deep understanding of how Patents are drafted in order to identify any weakness in the patent protection issued by the Patent. Our Patent Lawyers can defend or enforce a Patent in any patent litigation by raising invalidity defenses or validity opinions in order to accurately assess the likelihood of success of any patent litigation.
The Patent lawyers at Andrews Robichaud will use the same approach as utilised in a Patent Litigation in a Design Patent litigation or industrial design litigation. The patent lawyers at Andrews Robichaud also recognize that patent litigation is complex and not inexpensive, however, through such recognition the clients of Andrews Robichaud are able to make sound business decisions when it comes to a decision to either commence or not any patent litigation.
The trademark professionals at Andrews Robichaud have been involved in extensive litigation over the years in both the Federal and the Provincial Courts, and are very able to guide clients through the process and procedures necessary to effectively enforce their trademark rights, or defend against the trademark and infringement claims of third parties.
Copyright litigation, like trademark litigation can also be commenced either in the Federal or Provincial Courts with many of the same considerations in choosing the particular Court. Unlike trademarks, there is no common law copyright, but copyright does arise on creation, and the registration process is significantly easier than registering trademark or patent rights. The copyright professionals at Andrews Robichaud are very familiar with these nuances, and the best way to proceed when dealing with copyright enforcement issues.
Passing off litigation is also available to prevent someone from unfairly competing and taking important elements of your trademark, copyright and other materials. Most often this type of litigation is initiated at the Provincial level, although there are mechanisms for bringing such actions in the Federal Court and obtaining decisions that can be enforced nationwide. It is not uncommon that passing off litigation is coupled with trademark and/or copyright claims, as it is often important portions of these rights that have been unlawfully appropriated so as to create confusion in the marketplace.
The lawyers at Andrews Robichaud have extensive knowledge of various types of court and legal proceedings, mediation, arbitration and settlement negotiations.