A highly skilled and successful litigator, Colin is entrusted by clients to protect and enforce their valuable and business-critical IP assets. With diverse ligation expertise, Colin’s practice spans all areas of IP litigation, with a focus on patent litigation including pharmaceutical patent litigation. Among the accolades received for his litigation prowess, Colin, along with his Smart & Biggar colleagues, was recognized with a 2012 Canadian Patent Case of the Year award for successfully representing Amazon.com in a ground-breaking patent case.
Experienced, savvy advocate
Colin is known as a savvy and diligent advocate for his clients. His rich experience includes both conventional litigation and litigation under the Patented Medicines (Notice of Compliance) Regulations, and appearances as counsel in intellectual property matters before the Ontario Superior Court of Justice, the Federal Court of Canada and the Supreme Court of Canada. He has also held a leading role in Canadian cases on the scope of anti-trust claims relating to the use and acquisition of patent rights.
Colin is an integral member of the Smart & Biggar intellectual property litigation team, recognized for his exceptional ability to handle litigation in highly technical subject areas and capitalize on intellectual property procedural innovations, including the "trial within two years" initiative of the Federal Court of Canada.
Leading role in ground-breaking patent cases
Among his career highlights, Colin (together with Steven B. Garland of Smart & Biggar) successfully represented Amazon.com in Amazon.com Inc v Commissioner of Patents, 2010 FC 1011, 2011 FCA 328 in what has become a leading case regarding patentable subject matter, including computer implemented inventions and business methods, in Canada. The Federal Court of Appeal decision was recognized as the 2012 Canadian Patent Case of the Year by Managing Intellectual Property magazine. The Federal Court decision was recognized as the 2010 Canadian Business Case of the Year by LEXPERT magazine. Notably, Colin was also part of the team whose victory for the Dow Chemical Company in The Dow Chemical Company et al v Nova Chemicals Corporation, 2014 FC 844 netted the largest reported award in a Canadian patent infringement case of over $645 million.
In addition to his extensive litigation experience, in the course of his career Colin has also prosecuted patent applications in the electrical/electronic field. Colin also worked as in-house counsel at a large Canadian high-tech company, which aids his understanding of the client's perspective when seeking intellectual property advice.
- Industry Involvement
- In the Media
- "Emerging Trends and Policies in Software and Business Method Patenting Around the World," AIPLA 2014 Spring Meeting, Philadelphia, PA, May 2014
- "Business Method Patents: Coming of Age," organized by LEXPERT Magazine, Toronto, November 2012
- "Navigating the potential minefield of pharmaceutical patents" (co-presenter: J. Sheldon Hamilton), Benchmark Canada Cross-Border Litigation Forum, New York, September 2012
- Presentation of the patents paper, Law Society of Upper Canada's 14th Annual Intellectual Property Law Year in Review, Ottawa, January 2010
- Presentation on intellectual property law and careers in intellectual property, University of Ottawa section of the American Society of Mechanical Engineers 2007 Technical Seminar, Ottawa, November 2007
- "Intellectual Property Rights: Practical Advice for the Non-IP Practitioner" (co-presenters: Steven B. Garland, L. Catherine Eckenswiller and Jeremy E. Want), Continuing Legal Education seminar for the County of Carleton Law Association, Ottawa, October 2006
- Fellow, Intellectual Property Institute of Canada
- Member, American Intellectual Property Law Association
- "Patent Law" (with Steven Garland), University of Ottawa Law School, Common Law Section, February-April 2011-2015
- "Patent Law" (with Steven Garland), University of Ottawa Law School, Common Law Section, 2007
- "Intellectual Property & Technology Law for Engineers" (with Philip Lapin and David Schwartz), University of Ottawa, 2006
- "Patent Law" (with Steven Garland), University of Ottawa Law School, Common Law Section, 2006
- "Intellectual Property & Technology Law for Engineers" (with Philip Lapin and David Schwartz), University of Ottawa, 2005
- "Patent Law" (with Steven Garland), University of Ottawa Law School, Common Law Section, 2005
- "Software Patents Worldwide: Canada" (co-author: Steven B. Garland), Software Patents Worldwide, Wolters Kluwer Law, December 2013
- "How the Amazon ruling affected business-method patents" (co-author: Matthew Zischka), Managing Intellectual Property, September 2013
- "Software Patents Worldwide: Canada" (co-author: Steven B. Garland), Software Patents Worldwide, Wolters Kluwer Law, September 2012
- “Business-Method Patent Law in U.S., Canada, Seemingly in Synch” (co-author: Steven B. Garland), Executive Counsel, August/September 2012
- "Liability for Infringement by Inducement" (co-author: Andrea C. Kroetch), Intellectual Property Journal, Volume XVII, No. 2, 2012
- "Canada and the duty of candour" (co-authors: Steven B. Garland and Cameron P. Weir), Intellectual Property Magazine, November 2011
- "Amazon.com's 'single action ordering' patent application and the patenting of 'business methods' in Canada" (co-authors: Steven B. Garland and John R. Morrissey), CBA Business & Corporate Bulletin, March 2011
- "An Update on the Scope of Patentable Subject Matter in Canada: The Amazon.com's "single action ordering" patent application and the patenting of "business methods" in Canada" (co-authors: Steven B. Garland and John R. Morrissey), American Bar Association's LANDSLIDE magazine, May/June 2011
- "Amazon single action ordering patent and the scope of patentable subject matter in Canada" (co-authors: Steven B. Garland and Cameron Weir) Intellectual Property Magazine, February 2011
- "Federal Court Introduces Summary Trial Rules" (co-author: Daniel M. Anthony), IP Perspectives, Spring 2010; International Law Office Intellectual Property Newsletter, May 14, 2010
- "Making IP Litigation in Canada More Attractive" (co-authors: Steven B. Garland and Jeremy E. Want), Law360, August 7, 2009
- "Federal Court Issues Practice Direction Aimed at Streamlining Complex Litigation," International Law Office Intellectual Property Newsletter, June 22, 2009
- "Recent Developments Lead to Changing Face (and Pace) of Patent Litigation in Canada" (co-authors: Steven B. Garland and Jeremy E. Want), Patent World, December 2007/January 2008