Professionals

Jeremy Want
Partner, Ottawa
Barrister and Solicitor,
Patent and Trademark Agent

 

CONTACT
Phone: 613.232.2486
Fax: 613.232.8440
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YEAR OF CALL
Ontario Bar 2000
Alberta Bar 2017
QUALIFICATIONS
  • University of Western Ontario B.Sc. Hons. (Chemistry) 1995
  • University of Manitoba LL.B. 1998
  • Registered Trademark Agent 2001
  • Registered Patent Agent 2003
  • Registered to practise before the United States Patent and Trademark Office
 

Jeremy Want has over 19 years of experience with intellectual property litigation. He has participated in cases involving patents (including pharmaceuticals), trademarks and copyrights. Jeremy has successfully represented clients before the Federal Court of Canada, the Federal Court of Appeal and the Ontario Superior Court of Justice. He has also successfully argued cases before the Trademarks Opposition Board.

Jeremy has significant experience with respect to patent trials involving the quantification of damages and profits. Jeremy also has experience with preparing and prosecuting trademark applications, and he has drafted and prosecuted patent applications in the mechanical and chemical fields.

Jeremy has authored and co-authored a number of papers relating to the Canadian patent system and patent litigation in Canada, including papers prepared for the Intellectual Property Institute of Canada, Industry Canada, and articles published in the Canadian Intellectual Property Review and Patent World.


Rankings and recognition

  • Recognized annually in The Best Lawyers in Canada under Intellectual Property Law since 2015
  • Recognized annually as an 'IP Star' since the inaugural edition in 2014 of Managing Intellectual Property’s IP Stars Handbook: Trademark & Copyright
  • Recognized annually as an 'IP Star' since the inaugural edition in 2014 of Managing Intellectual Property’s IP Stars Handbook: Patents
PRACTICE AREAS
Litigation
Pharmaceutical
Industrial/Mechanical
Trademarks
Chemical & Industrial Biotechnology
Life Sciences — Regulatory & Compliance
Cleantech
Energy
 

Patent proceedings

The Dow Chemical Company et al v Nova Chemicals Corporation, 2017 FC 350 — Successfully represented the Plaintiff in a reference proceeding relating to an accounting of profits 

Nova Chemicals Corporation v The Dow Chemical Company et al, 2016 FCA 216 – Successfully represented the respondents as co-counsel in an appeal from a patent infringement action

The Dow Chemical Company et al v Nova Chemicals Corporation, 2014 FC 844 — Successfully represented the plaintiffs as co-counsel in a patent infringement action.

Phostech Lithium Inc v Valence Technology Inc, 2011 FCA 107 — With François Guay and Jean-Sébastien Dupont, successfully represented Phostech Lithium Inc. in having the Federal Court of Appeal stay execution of a Federal Court judgment in a patent infringement case until issuance of the decision on appeal.

Bauer Hockey Corp and Nike International Limited v Easton Sports Canada Inc, 2010 FC 361; aff'd 2011 FCA 83  — Successfully represented the plaintiffs in a patent infringement action.

sanofi-aventis Canada Inc v Apotex Inc, 2007 FC 906 — Successfully resisted an appeal by the defendant of an order setting an early trial date.


Trademark proceedings

JTI MacDonald TM Corp v Imperial Tobacco Products Limited, 2013 FC 608 - Successfully resisted an appeal to the Federal Court of two decisions of the Trademarks Opposition Board refusing oppositions to two trademark applications

Canada Post Corp v United States Postal Service, 2005 FC 1630 — Successful application for judicial review to the Federal Court of a decision of the Registrar of Trademarks to give public notice in respect of 13 official marks pursuant to Section 9(1)(n)(iii) of the Trademarks Act.

Smart & Biggar v Jarawan, 2006 FC 1254 — Successful appeal to the Federal Court of a decision of the Registrar of Trademarks refusing to expunge a trademark registration pursuant to Section 45 of the Trademarks Act.


Trademark Opposition Board proceedings

Bayer Aktiengesellschaft v Marcon, 2011 T.M.O.B. 9 - Successful opposition proceeding on behalf of the opponent.

Parmalat Food Inc v Groupe Lactalis société anonyme (2005), 45 C.P.R. (4th) 212 (T.M.O.B.) — Successful opposition proceeding on behalf of the opponent.

Memberships

  • Fellow, Intellectual Property Institute of Canada, member of IPIC's Litigation Committee
  • Member, Ontario Bar Association
  • Member, County of Carleton Law Association


Speaking engagements

  • "Patent Law Update 2018", Intellectual Property Institute of Canada Webinar, February 2018 
  • "Update on Patents 2018, Law Society of Upper Canada's 22nd Annual Intellectual Property Law: The Year in Review, Ottawa, January 2018”
  • "Patent Law Year in Review", Intellectual Property Institute of Canada Webinar, February 2017
  • “Update on Patents 2017, Law Society of Upper Canada's 21st Annual Intellectual Property Law: The Year in Review, Ottawa, January 2017”
  • "International IP Trends" (panelist), International Legal Alliance Summit and Awards, New York, June 2015
  • "Update on Patents - 2014", Intellectual Property Institute of Canada Webinar, February 2014
  • "IP Responses to New Technologies" (Panel Discussion), 18th Annual Intellectual Property Law - The Year in Review, Law Society of Upper Canada Continuing Professional Development program, Ottawa, January 2014
  • "Canadian I.P. Law Update - Practical tips and information for U.S. counsel - Canadian I.P. Litigation" (with Mark Evans and Matthew Zischka); Smart & Biggar Seminar, Chicago, Illinois, January 2013
  • "Intellectual Property Rights: Practical Advice for the Non-IP Practitioner" (with Steven B. Garland, L. Catherine Eckenswiller and Colin B. Ingram), Continuing Legal Education Seminar, County of Carlton Law Association, Ottawa, October 2006

Publications

  • "Accounting of profits in Canadian patent infringement actions,” (co-author Daniel S. Davies) – IP Update – Canada, March, 2018
  • "Patent Litigation 2018 – Canada,” (co-authors: Steven Garland, Daniel Davies and Lei Liu), Chambers Global Practice Guides, February, 2018
  • "Federal Court of Appeal affirms award of legal costs of $6.5 million in patent infringement case,"(co-authors: Steven Garland, Kevin Graham, Colin Ingram) IP Update — Canada, February 7, 2017; International Law Office Intellectual Property Newsletter, March 13, 2017  
  • Recent Developments in Intellectual Property Remedies in Canada” (co-author: Daniel M. Whalen), Corporate Counsel, September 2015 
  • “Case Summary: Sandoz Canada Inc v Canada (Attorney General), 2014 FC 501 and Ratiopharm Inc v Canada (Attorney General), 2014 FC 502” (co-author: Eve Heafey), Intellectual Property Institute of Canada Bulletin, September/October 2014
  • "Federal Court issues practice notice on experimental testing for the purpose of patent litigation," (co-author: Daniel S. Davies), IP Update — Canada, March 3, 2014;  Lexology, March 4, 2014; Mondaq, March 4, 2014; CCCA Members Knowledge Centre, March 2014; International Law Office Intellectual Property Newsletter, March 24, 2014
  • "Intellectual Property Litigation: Top 10 Differences between Canada and the U.S." (co-author: Steven B. Garland), Corporate Counsel, January 2014
  • "Making IP Litigation in Canada More Attractive" (co-authors: Steven B. Garland and Colin B. Ingram), Law360, August 2009
  • "Recent Developments Lead to Changing Face (and Pace) of Patent Litigation in Canada" (co-authors: Steven B. Garland and Colin B. Ingram), Patent World, 2007
  • "Court Confirms Criteria for Obtaining Official Marks," International Law Office Intellectual Property Newsletter, August 5, 2006
  • "Case Summary: Mattel Inc  v 3894207 Canada Inc, 2006 SCC 22 and Veuve Clicquot Ponsardin v Boutiques Cliquot Ltée, 2006 SCC 23," Intellectual Property Institute of Canada Bulletin, July/August 2006
  • "The Enforcement of Intellectual Property Rights in Canada" (co-author: Steven B. Garland), Intellectual Property and Innovation in the Knowledge-Based Economy (Industry Canada research volume), February 2006
  • "Case Summary: Merck & Co v Apotex Inc, 2005 FC 755," (co-author: Daniel Anthony), Intellectual Property Institute of Canada Bulletin, September/October 2005
  • "End of the Road" (summary of the decision of the Supreme Court of Canada in Monsanto Canada Inc. v. Schmeiser; co-author: Steven B. Garland), Patent World, September 2004
  • "Case Summary: Monsanto Canada Inc v Schmeiser, [2004] SCC 34," Intellectual Property Institute of Canada Bulletin, July/August 2004
  • "Markman-type Hearings Overturned in Canada," International Law Office, March 2004
  • "Case Summary: R v Neil, [2002] S.C.J. No. 72, 2002 SCC 70," Intellectual Property Institute of Canada Bulletin, April 2003
  • "The Canadian Patent System: An Appropriate Balance Between the Rights of the Public and the Patentee" (co-author: Steven B. Garland), (1999), 16 C.I.P.R. 43
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