Patent Litigation In Canada: A U.S. Attorney’s Guide To The Canadian Litigation Process

Canada and the United States are close neighbors. About 300,000 people cross the border each day, and bilateral trade amounts to about $1.6 billion in goods daily.  It is not surprising that patent, and other intellectual property disputes, often involve some element of cross-border litigation.  The Canadian litigation experience is relatively similar to the American experience.  There are, however, some important differences that U.S. attorneys involved in such litigation should be aware of.

1. Like in the United States, Canada has federal and provincial/state courts. Both can decide patent cases.
2. Litigation process and procedure is dictated by the rules of civil procedure of the court in which litigation has been commenced. Generally, the procedure is similar between the provincial and federal courts. In many courts, case management is common, whereby the equivalent to a deputy judge is assigned to the lawsuit, deals with scheduling and adjudicates