Intellectual property is not exempt from Competition Act’s reach
Eli Lilly and Co. v. Apotex Inc. On November 2 2005, the Federal Court of Appeal held that where an agreement to assign a patent increases the assignee’s market power in excess of that inherent in the patent itself, the provision in the Patent Act (s. 50) allowing the assignment does not prevent the agreement from contravening the conspiracy provisions of the Competition Act (s. 45).[1] This important decision means that assignments of any intellectual property are potentially subject to scrutiny under the Competition Act. The conspiracy claim Eli Lilly & Co. Inc. and Shionogi & Co. Ltd. commenced a ... [more] Full article
Intellectual Property Contributors
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
