Adam Bobker

Partner

Toronto, 416.957.1681

Practice Group(s)

Oil & Gas
Industrial Designs
Litigation

Education

B.Sc. (Elec. Eng.), Kettering University, 1990
LL.B., Queen's University, 1995

Qualifications

Admitted to the Ontario Bar, 1997

Professional Memberships

Advocates' Society
Intellectual Property Institute of Canada (IPIC), Fellow

Adam Bobker

B.Sc. (Elec. Eng.), LL.B.

Adam’s practice focuses on litigation of a wide range of intellectual property disputes as well as intellectual property related commercial disputes. He has acted for clients in many industries, such as hoses, earth moving equipment, oil production equipment, farm equipment, wind turbines, building materials, pharmaceuticals, financial services, cosmetics, toys and games, video distribution, image companies, and office supplies. He acts as counsel on motions, trials, and appeals.

Adam has appeared before the Ontario Superior Court, Ontario Court of Appeal, Federal Court of Canada, and Federal Court of Appeal.

Prior to joining the firm, Adam spent several years practicing commercial litigation.  Before taking his law degree, Adam was a plant engineer at the General Motors car body assembly plant in Oshawa, Ontario.

 

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Adam Bobker

Adam Bobker

B.Sc. (Elec. Eng.), LL.B.

Partner
Toronto      Ph: 416.957.1681

Practice Group(s)
Oil & Gas
Industrial Designs
Litigation

Education
B.Sc. (Elec. Eng.), Kettering University, 1990
LL.B., Queen's University, 1995

Qualifications

Admitted to the Ontario Bar, 1997

Adam’s practice focuses on litigation of a wide range of intellectual property disputes as well as intellectual property related commercial disputes. He has acted for clients in many industries, such as hoses, earth moving equipment, oil production equipment, farm equipment, wind turbines, building materials, pharmaceuticals, financial services, cosmetics, toys and games, video distribution, image companies, and office supplies. He acts as counsel on motions, trials, and appeals.

Adam has appeared before the Ontario Superior Court, Ontario Court of Appeal, Federal Court of Canada, and Federal Court of Appeal.

Prior to joining the firm, Adam spent several years practicing commercial litigation.  Before taking his law degree, Adam was a plant engineer at the General Motors car body assembly plant in Oshawa, Ontario.

 

Articles

Leave to Appeal to SCC: Rogers v SOCAN (2016 FCA 28) re Ringtones and Ringbacks
Adam Bobker and Sanjeevan  Shivakumar
June 24, 2016
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Leave to Appeal to SCC: Alliance Laundry Systems LLC v Whirlpool Canada LP (FCA)1
Adam Bobker and Daniel M. MacKay
May 6, 2016
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Leave to Appeal to SCC: AstraZeneca Canada Inc et al v Apotex Inc et al (FCCA)
Adam Bobker and Daniel M. MacKay
March 10, 2016
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Leave to Appeal to SCC: Google Inc v Equustek Solutions Inc (BCCA)
Adam Bobker and Janice Calzavara
March 7, 2016
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Striking Out Unjust Enrichment Claims under s. 8 for Good - the Supreme Court of Canada Denies Leave to Appeal
Adam Bobker and Anastassia Trifonova
February 2, 2016
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Judgment Granted after Summary Trial for Recidivist Sale of Counterfeits
Adam Bobker and Janice Calzavara
October 2, 2015
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Federal Court of Appeal Confirms Expanding Hose Patent is Obvious
Andrew McIntosh and Adam Bobker
July 16, 2015
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Supreme Court Dismisses Appeal from the Bench in Sanofi-Aventis v. Apotex, Inc.
Adam Bobker and Nathan Haldane
May 8, 2015
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The Supreme Court refuses to grant leave to hear “promise of the patent” appeals
Adam Bobker and Teresa MacLean
April 27, 2015
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Supreme Court Denies Leave to Appeal in ICBC v. Stainton Ventures Ltd.
Adam Bobker and Nathan Haldane
February 23, 2015
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Sanofi-Aventis, et al. v. Apotex Inc., et al.
Adam Bobker and Nathan Haldane
November 10, 2014
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Supreme Court of Canada to Hear Another Technological Neutrality Case
Adam Bobker
September 9, 2014
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Stepping Up at the Border
Adam Bobker
July 4, 2014
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Apotex Inc. v. Eli Lilly Canada Inc., Eli Lilly and Company Limited
Adam Bobker and Amy Dam
April 25, 2014
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Are Trolls Moving North to Canada?
Adam Bobker
March 1, 2014
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The Supreme Court of Canada Grants Leave to Appeal in the Plavix Case
Adam Bobker and Amy Dam
January 30, 2014
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Patent litigation in Canada v. the United States – How the system differs south of the border compared to the home front
Adam Bobker
December 18, 2013
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Copyright Dispute to Continue - Supreme Court Denies Leave to Appeal in
C-Map USA Inc., et al. v. Nautical Data International, Inc. et al.

Adam Bobker and Tamara Céline Winegust
August 19, 2013
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Supreme Court Denies Leave in Takeda Canada Inc. v. Minister of Health, Attorney General of Canada
Adam Bobker
June 14, 2013
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Two Recent US Court Decisions Deal with the Boundaries of Patent Law in the Area of Food Technologies and Computer Systems
Adam Bobker
May 21, 2013
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Supreme Court declines to hear Eli Lilly’s “promise of the patent” appeal
Adam Bobker
May 16, 2013
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Supreme Court of Canada denies leave to appeal in PM(NOC) Judicial Comity case
Adam Bobker and Amrita V. Singh
May 9, 2013
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Teva is Not Barred from Pursuing s.8 Action as the Supreme Court of Canada Denies Leave to Appeal
Adam Bobker
November 30, 2012
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Marlboro Man Dis-Guise Foiled by Federal Court of Appeal
Adam Bobker
July 13, 2012
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Disclosure of prior art - Federal Court of Appeal clarifies “good faith” section of Canadian Patent Act
Adam Bobker and Noel Courage
December 21, 2011
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Speaking Engagements

2015 ABA Annual Meeting: IP Central

International Patent Litigation Strategy: Points of Distinction
InterContinental Chicago, Chicago, IL
July 30, 2015

Adam Bobker will be attending the 2015 ABA Annual Meeting: IP Central and will be speaking on Thursday, July 30th at 3:30pm on the topic of International Patent Litigation Strategy: Points of Distinction.

For more information click here.

The Institute of Law Clerks of Ontario

Intellectual Property Program
Toronto, ON
October 8, 2014

Sharyn Costin and Adam Bobker will be speaking at The Institute of Law Clerks of Ontario’s half-day Intellectual Property, CLE credited program. 

Sharyn will be covering the topics of trademark protection and the upcoming changes to the Trademarks Act, and Adam will be covering the key concepts of intellectual property litigation.

With expertise in copyright, domain name, and related Internet matters, Sharyn Costin has written several articles for the firm and for World Trademark Review on various intellectual property-related matters.

Adam Bobker has written several articles for the firm and for publications such as World Trademark Review, Corporate Counsel ALM, and Canadian Lawyer InHouse on various intellectual property litigation matters. 

To view the full program, click here.

Ontario Bar Association (OBA)

Your First Intellectual Property Matter: A Practical Guide
Toronto, ON
April 4, 2013

Adam Bobker will be speaking at this event on Patent Litigation at 11:35 a.m.

Event Attendance

International Trademark Association (INTA)

138th Annual Meeting
Orlando, Florida
May 21 - 25, 2016

Dan Bereskin, Lloyd Sarginson, Cynthia Rowden, Susan Keri, Scott MacKendrick, Terry Edwards, Jonathan Colombo, Jennifer McKenzie, Victor Krichker, Adam Bobker, Janice Bereskin, Brigitte Chan, François Larose, Mina Chana, Sharyn Costin, Meghan Dillon and Jonathan Burkinshaw will be attending the 138th INTA Annual Meeting in Orlando.

Speaking Engagements:

Saturday, May 21 2016
2:15pm - 3:15pm
Scott MacKendrick will be speaking the course International Trademark Law and Practice as part of the North American Panel

Sunday, May 22 2016
12pm - 2pm
Daniel Bereskin will be co-chairing the table topic session Trademark Confusion and Heuristics

2pm - 3:15pm
Daniel Bereskin will be speaking at the mock mediation session called Mediation Live! A Real-Life Mediation Experience

Monday, May 23 2016
8am - 10am
François Larose will be chairing the table topic session Lost in Translation: The Impact of Language Laws on Trademarks

Tuesday, May 24 2016
8am - 10am
Cynthia Rowden will be moderating the session Should TM registrations ever be granted or enforced if there is no use?

31st Annual Intellectual Property Law Conference

American Bar Association (ABA)
Bethesda, MD
April 6 - 8, 2016

Mark Robbins, Andrew McIntosh and Adam Bobker will be attending the 31st Annual Intellectual Property Law Conference in Bethesda, MD.

This conference from the American Bar Association Section of Intellectual Property Law is recognized as the world's premier IP conference.

These three packed days of learning enable you to earn a year's worth of CLE credit from expert sessions presented by the leaders in every area of the profession.

For more information and to register for the event click here.

Canadian Bar Association

IP Day 2015
Ottawa, ON
May 28, 2015

Cynthia Rowden, Don Cameron, Mike Charles and Adam Bobker will be attending the 2015 CBA IP Day. Cynthia Rowden will be participating in the IP Debates program taking place from 1:30pm to 4pm.

To learn more about the event, please click here.

American Bar Association

30th Annual Intellectual Property Law Conference
Betheda, MD
March 25 - 27, 2015

Cynthia Rowden will be speaking at the 30th Annual Intellectual Property Law Conference on March 25th from 10:30 a.m. to 12:00 p.m.

Robert Storey, Mark Robbins and Adam Bobker will be attending the conference.

Attendees will have the opportunity to gain knowledge on latest industry information through dynamic CLE programming and innovative networking events. They will also be able to obtain insight and ideas from IP experts and practitioners from around the world who will share and discuss the most critical issues in IP law.

The American Bar Association is committed to serving its members, improving the legal profession, eliminating bias and enhancing diversity, and advancing the rule of law throughout the United States and around the world.

For further information, please click here.

Magnitude 360 and ABA

2014 ABA Annual Meeting
Boston, MA
August 8 - 10, 2014

Robert Storey, Adam Bobker and Tom Zhang will be attending the 2014 American Bar Association (ABA) Annual Meeting in Boston. 

Hosted by ABA and MAGNITUDE360, the Annual Meeting encompasses Association-wide events and provides attendees the opportunity to earn CLE credits.

Professional Memberships

Advocates' Society
Intellectual Property Institute of Canada (IPIC), Fellow

News

  • Bereskin & Parr Successfully Represents Telebrands and Supertek in Patent Infringement Action Relating to an Expandable and Contractible Hose

Media Coverage

  • Adam Bobker offers insight to Law Times regarding the pending SCC ruling on generic compensation
  • World Trademark Review Mentions Adam Bobker in its Blog

Litigation Cases

Elbit Systems Electro-Optics ELOP Ltd. v. Selex ES Ltd.
Representing the plaintiff Elbit Systems in a patent infringement action relating to Directional Infrared Countermeasures (“DIRCM”), a system that is used to defeat infrared homing missiles.
Counsel: Andrew McIntosh, Adam Bobker and Amrita V. Singh
(Reported decisions: 2016 FC 1000, 2016 FC 1129)
(2016), (T-775-16)
Bercom International, LLC v. Toolway Industries Ltd.
Represented Bercom International in a patent and trademark infringement action relating to painting accessories.
Counsel: Adam Bobker
(2014), (T-73-14)
Cascade Corporation v Kinshofer GmbH and Kinshofer Liftall Inc.
Successfully defended Kinshofer GmbH and Kinshofer Liftall Inc. in a patent infringement action relating to quick-hitch assemblies for construction machinery. The Plaintiff’s action was dismissed after a summary trial on liability issues.
Counsel: Adam Bobker and Christopher Bury
(Reported Decisions: 2016 FC 1117)
(2014), (T-2204-14)
Crowder Mfg. Inc. v Produits Architecturaux Unique Inc.
Represented Crowder Mgf. Inc. in a copyright infringement matter relating to the reproduction of product drawings and written instructions for door hardware assemblies.
Counsel: Robert MacFarlane, Adam Bobker and Noelle Engle-Hardy
(2014), (T-2220-14)
Good-O Beverage Company v I-D Foods Corporation and Merchant Adventurers Tea and Spice Company Ltd.
Representing Good-O Beverage Company in a trademark and copyright infringement action of OLD TYME JAMAICAN trademarks and copyrighted works.
Counsel: Adam Bobker
(2014), (T-2264-14)
Strathearn Consulting Inc. v Barbra Ann Kirshenblatt, John Doe and Jane Doe
Defending Barbara Ann Kirshenblatt in a matter relating to copyright in exterior design features on a recently renovated 1930s house that are claimed to be infringed by the exterior features of a newly constructed custom house.
Counsel: Adam Bobker and Tamara Céline Winegust
(2014), (T-1876-14)
Supertek Canada Inc. and Telebrands Corp. ats. E. Mishan & Sons, Inc. and Blue Gentian, LLC
Successfully represented Supertek and Telebrands in a patent and industrial design infringement action relating to an expandable hose, brought by E. Mishan & Sons and Blue Gentian, and in a counterclaim for false and misleading statements under section 7(a) of the Trade-marks Act. The plaintiff brought a motion for an interim injunction which the Court dismissed. Following a trial, the asserted patent was found invalid for obviousness. The Federal Court of Appeal upheld the trial judge’s decision. Subsequently, the Court granted Supertek’s summary judgment motion for an order expunging the industrial design registration on the basis that the design was not original and was dictated solely by function. At the same time, the Court dismissed E. Mishan & Son’s motion for summary judgment dismissing Supertek’s counterclaim under s. 7(a), finding that there is a genuine issue for trial. Supertek’s counterclaim under s. 7(a) was heard by way of summary trial. Although no damages were awarded; a false and misleading statement was found to have been made
Counsel: Andrew McIntosh and Adam Bobker
(Reported decisions: 2013 FC 747, 2014 FC 326, 2015 FCA 163, 2016 FC 613 and 2016 FC 986)
(2013), (T-1112-13)
(2014), (A-236-14)
1589549 Alberta Ltd. and Can-K Group of Companies Ltd. v. NOV Wilson Canada ULC
Represented Can-K Group of Companies in a patent infringement action relating to sealing assemblies for rotary oil well pump drives used in the oil production industry. The case was settled.
Counsel: Adam Bobker and Michael Burgess
(2013), (T-1437-13)
Allergan Holdings France SAS and Allergan Inc. v. ATA Medical International Inc. and Bornagan Laboratories Ltd.
Represented and obtained successful settlement after discovery for Allergan in a trademark infringement action relating to the JUVÉDERM trademarks.
Counsel: Adam Bobker and Jennifer McKenzie
(2013), (T-1110-13)
Arrow Electronics Inc. v. Arrowsoft Solutions Inc. (Canada) et al.
Represented and obtained successful settlement after discovery and mediation for Arrow Electronics in an action for trademark infringement and passing off.
Counsel: Adam Bobker and Michael Burgess
(2013), (T-560-13)
Bed Bath & Beyond Inc.; Bed Bath & Beyond Canada L.P. ats Blue Gentian, LLC
Represented Bed Bath & Beyond in a patent and industrial design infringement action relating to an expandable and contractible garden hose.
Counsel: Andrew McIntosh and Adam Bobker
(2013), (T-519-13)
Canada Goose Inc. v. Vertical Axis Inc. and Kevin Ham
Represented Canada Goose in a trademark infringement action relating to the CANADA GOOSE trademark and canadagoose.com domain name.
Counsel: Jonathan Colombo and Adam Bobker
(2013), (T-571-13)
Design Ideas, Ltd. v. Solutions Your Organized Living Store Corp.
Represented Design Ideas in an action for patent and industrial design infringement relating to mesh container products.
Counsel: Robert Storey and Adam Bobker
(2013), (T-901-13)
Groupe Vitroplus Inc. ats Uni-Select Inc.
Represented Groupe Vitroplus in an application commenced by Uni-Select to expunge the UNIPRO design trademark.
Counsel: Adam Bobker
(2013), (T-920-13)
Jeremy Diamond Professional Corporation v. Mazin & Associates Professional Corporation
Representing Jeremy Diamond in a trademark passing off action relating to personal injury legal services and the 1-800-567-HURT telephone number.
Counsel: Adam Bobker
(2013), (CV-13-483786)
Masterfile Corporation v. Acier St-Michel Inc.
Representing Masterfile Corporation in an action for damages for copyright infringement based on unauthorized use of copyright images on a website.
Counsel: Representing Masterfile Corporation in an action for damages for copyright infringement based on unauthorized use of copyright images on a website. Counsel: Adam Bobker
(2013), (T-433-13)
Masterfile Corporation v. Various Defendants
Representing Masterfile Corporation in various actions for damages for copyright infringement based on unauthorized use of copyright images on websites.
Counsel: Adam Bobker and Jeff Gordon
(2013)
Charm Diamond Centres Ltd. et al. ats. Merit Diamond Corp.
Defending Charm Diamond Centres and J.S.N. Jewellery in an action for copyright infringement and passing off relating to jewellery designs.
Counsel: Adam Bobker and Amrita V. Singh
(2012), (T-1154-12)
GlobeScan Inc. v. Globescan Investment Inc. et al.
Successfully obtained judgment for the survey company, GlobeScan, in an action for trademark infringement against an investment business using the same mark.
Counsel: Adam Bobker and Jean-Pierre Bouchard
(2012), (T-717-12)
Heys International Ltd. v. Calego International Inc.
Represented Heys in an action for statutory damages or profits for copyright infringement relating to hang tags for luggage. Settled after discovery.
Counsel: Adam Bobker
(2012), (T-1810-12)
Home Depot Canada ats. Pharos Innovations Inc.
Defended Home Depot Canada in a patent infringement action relating to colour-changing LED strings.
Counsel: Adam Bobker
(2012), (SC-12-008052-00)
Interactive Life Forms, LLC et al. v. Various
Represented Interactive Life Forms in actions for trademark infringement, passing off, and copyright infringement. The actions were brought against Canadian companies alleged to have sold counterfeit versions of Interactive Life Forms’ FLESHLIGHT products.
Counsel: Adam Bobker, Robert Storey, and François Larose
(2012)
Onward Multi-Corp Inc. et al. v. A&J Manufacturing LLC
Successfully represented barbeque manufacturer Onward Multi-Corp in an action for patent infringement in respect of a portable insulated grill. The action settled before trial.
Counsel: Adam Bobker and Ryan Tremblay
(2012), (T-1281-12)
Sprinkles Cupcakes, Inc. v. Dlish Cupcakes Inc. et al.
Represented Sprinkles Cupcakes in a passing off action relating to the get-up of its SPRINKLES stores.
Counsel: Adam Bobker
(Reported decisions: 2013 ONSC 866)
(2011), (CV-11-419490)
4358376 Canada Inc. (iTravel 2000) ats. 411 Travel Buys Limited
Defended iTravel 2000 in an action for passing off with respect to the 411 TRAVEL BUYS trade mark.
Counsel: Adam Bobker
(2010), (CV-10-410412)
Alpa Lumber Inc. v. HWD Acquisition, Inc.
Represented Alpa Lumber in an action for patent infringement relating to fastening technology for windows and doors.
Counsel: Adam Bobker, James Raakman, and Josh Spicer
(2010), (T-2060-10)
Mouldex Exterior Mouldings Inc. ats. Driangle Inc. et al.
Represented Mouldex Exterior Mouldings in a patent infringement action relating to coating technology for architectural mouldings used in the construction industry.
Counsel: Adam Bobker
(2010), (T-1865-10)
Re-Flex 2000 Inc. v. 1474260 Ontario Inc. (Star Night Import & Export) et al.
Represented Re-Flex 2000 Inc. in an action for copyright infringement relating to several graphic heat transfers created by the plaintiff for use in the souvenir industry. The action settled as a result of mediation.
Counsel: Adam Bobker and Josh Spicer
(2010), (T-1337-10)
Superior Industries, LLC v. Thor Global Enterprises Ltd.
Represented Superior Industries in an action for patent infringement relating to braced telescoping support struts for stacking conveyors.
Counsel: Robert MacFarlane and Adam Bobker
(2010), (T-960-10)
Heys International Ltd. v. Holiday Group Inc.
Represented Heys International in actions for patent infringement relating to a patent for a side-loading backpack and industrial design infringement relating to the design of a portable luggage scale.
Counsel: Adam Bobker
(2009), (T-1256-09; T-1257-09)
Koolatron Corporation ats. Woodstream Corporation
Defended Koolatron Corporation in an action for patent infringement relating to CO2 insect trapping devices.
Counsel: Adam Bobker and Jeff Gordon
(Reported decisions: 2010 FC 756)
(2009), (T-916-09)
Reversomatic Manufacturing Ltd. ats. Ecco Heating Products Ltd.
Defended Reversomatic Manufacturing in an action for patent infringement relating to a lint trap for a residential dryer.
Counsel: Adam Bobker and Josh Spicer
(2009), (T-200-09)
Roofmart (Canada) Ltd. v. Roofsmart Systems Inc
Represented Roofmart in an action for trade mark infringement based on the defendant’s use of ROOFSMART. Claim was settled favourably at an early stage.
Counsel: Adam Bobker
(2009), (T-1945-09)
Ferring B.V. and Ferring Inc. v. Odan Laboratories Ltd.
Represented the drug company Ferring in an action for passing off and copyright infringement relating to Ferring’s PICO-SALAX products and Odan’s PICO-DAN products.
Counsel: Adam Bobker
(2008), (T-866-08)
Toolbox Solutions Inc. v. Bruce et al.
Represented ToolBox Solutions in an action and arbitration relating to an information technology supply agreement.
Counsel: Adam Bobker and Megan Langley Grainger
(2008), (CV-08-360410-0000)
Wham-O Inc. ats. Agit Global Inc.
Defended Wham-O in a patent infringement action relating to snow sled coating technology.
Counsel: Adam Bobker and Josh Spicer
(2008), (T-324-08)
4358376 Canada Inc. (iTravel 2000) v. Acquaviva et al.
Represented iTravel 2000 in an action for passing off.
Counsel: Adam Bobker
(2007), (07-CV-327816PD3)
Glaston Services Ltd. v. Shanghai Northglass Technology & Industry Co., Ltd.
Represented Glaston Services in patent infringement proceedings relating to industrial glass bending and tempering equipment. Successfully obtained permanent injunction at trial. Following the Court’s trial decision on liability, in which it found Shanghai Northglass had infringed two of Glaston’s Canadian patents, successfully represented Glaston Services in obtaining damages for patent infringement of $1.5 million, plus prejudgment and post-judgment interest. Click here to view the decision.
Counsel: Andrew McIntosh, Adam Bobker and Josh Spicer
(Reported decisions: 2010 FC 1191)
(2007), (T-1108-07)
Heys International Ltd. v. Malhotra et al.
Represented luggage company Heys in an action for passing off relating to the unauthorized use of the getup of HEYS ATHENA luggage.
Counsel: Adam Bobker
(2007), (07-CV-329002PD3)
Sports Network Inc. et al. v. Jean Gagne et al.
Prosecuted a French language action for infringement of the trademark RDS for the production, broadcasting and distribution of television programs by a sports bar operating under the name RDS ZONE without the permission of the Sports Network.
Counsel: Adam Bobker and Brigitte Chan
(Reported decisions: 2009 CF 308)
(2007), (T-527-07)
Vestas-Canadian Wind Technology, Inc. ats. Aloys Wobben
Defended Vestas-Canadian Wind Technology in an action for patent infringement relating to voltage control of wind power installations connected to a power grid.
Counsel: Robert MacFarlane and Adam Bobker
(2007), (T-564-07)
Laboratoires Quinton Internationale S.L. v. Biss
Acting for Laboratoires Quinton, a European manufacturer of QUINTON therapeutic marine plasma, in a French language action to expunge a Canadian trademark registration for QUINTON held by a former Canadian distributor of QUINTON products. The trial of this action is scheduled for April 2016.
Counsel: Adam Bobker, Brigitte Chan and François Larose
(Reported decisions: 2010 FC 358)
(2006), (T-1554-06)
Motorola Canada Ltd. v. Or
Represented Motorola in an action for trademark and copyright infringement and passing off based on the unauthorized sale of MOTOROLA radios and software.
Counsel: Adam Bobker and Josh Spicer
(Reported decisions: 2010 ONSC 487, 2010 ONSC 1787)
(2006), (06CV-308646-PD3)
Duratech Industries Ltd. et al. ats. Bridgeview Manufacturing Inc. et al.
Defended Duratech Industries, a US manufacturer of farm equipment, and two of its Canadian distributors in a patent infringement action relating to bale shredding machinery. The trial judge held the patent to be invalid and not infringed. The Federal Court of Appeal upheld the finding of non-infringement. An application for leave to appeal to the Supreme Court of Canada was dismissed.
Counsel: Robert MacFarlane and Adam Bobker
(Reported decisions: 2009 FC 50, 2010 FCA 188)
(2005), (T-1554-05;)
Heys International Ltd. v. Bentley Leathers Inc.
Represented luggage maker Heys in an action for passing off and infringement with respect to the design of the plaintiff’s XCASE luggage. Settled after discovery.
Counsel: Adam Bobker
(2005), (05-CV-297820PD2)
Heys International Ltd. v. Harveen International Luggage
Represented luggage manufacturer Heys in an action for passing off relating to the getup of its HEYS ATHENA luggage.
Counsel: Adam Bobker
(2005), (05-CV-299831PD1)
Krav Maga Enterprises, LLC v. Edge Combat Fitness Inc.
Acted for Krav Maga Enterprises in trademark infringement proceedings relating to the defendant’s use of the trademark KRAV MAGA.
Counsel: Adam Bobker
(Reported decisions: 2006 FC 112)
(2005), (T-1506-05)
Lending Tree Corp. ats. Lending Tree, LLC
Acted for Lending Tree Corp. in a judicial review proceeding launched during opposition proceedings relating to the trademark LENDING TREE.
Counsel: Adam Bobker
(Reported decisions: 2006 FC 373, 2007 FCA 70)
(2005), (T-588-05; A-172-06)
Video Box Enterprises Inc. et al. v. Kien Phac Lam et al.
Represented Video Box Enterprises, a distributor of Chinese-language television programs, in an action against a counterfeit operation. Obtained summary judgment granting an injunction and damages.
Counsel: Adam Bobker
(Reported decisions: 2006 FC 546)
(2004), (T-1034-04)
Sears Canada Inc. et al. ats. Biosig Instruments Inc.
Acted for Sears Canada in the defence of an action alleging patent infringement by the sale of exercise equipment with built in heart rate monitors. The action was struck out for failure to plead a reasonable cause of action.
Counsel: Adam Bobker
(Reported decisions: 2006 FC 206)
(2003), (T-694-03)
Tigi Linea, LP et al v. Ecoly Canada Inc. et al.
Successfully represented Tigi Linea in a trademark infringement and passing off action with respect to the plaintiffs’ various TIGI registered trademarks (including TIGI, TONI & GUY) and unregistered trademarks (including BED HEAD and BED HEAD & Design) (the “TIGI trademarks”). Obtained an Anton Piller Order for seizure of all offending products, including related business records, not originating from plaintiffs but displaying one or more of the plaintiffs’ TIGI trademarks. Also obtained judgment against more than 25 corporate defendants, including a permanent injunction enjoining the defendants from (i) manufacturing, importing, distributing, exporting, sell, offering for sale, or advertising, any hair care or personal care product displaying any of the plaintiffs’ TIGI trademarks, including any counterfeit or genuine products and (ii) infringing the TIGI trademarks or passing off the defendants’ merchandise as and for those of the plaintiffs, or depreciating the value of the goodwill attaching to the TIGI trademarks. The plaintiffs also obtained an award of $500,000 from the defendants, including costs. The judgment was later varied to permit certain salons purchase genuine TIGI products from one particular supplier.
Counsel: Jonathan Colombo and Adam Bobker
(2003), (03-CV-244124CM1)
Burberry Ltd. v. Howard Colton et al.
Represented Burberry Ltd. in an action for trademark infringement and passing off relating to the BURBERRY and BURBERRY CHECK trademarks.
Counsel: Robert Storey, Adam Bobker and Mike Charles
(Reported decisions: 2003 FCT 107)
(2002), (T-415-02)
Weatherford Canada Partnership et al. v. National-Oilwell Canada Ltd. et al.
Represented Weatherford Canada in the prosecution of a patent infringement action relating to sealing technology for surface drives used with down-hole pumps for heavy oil that was licensed to Weatherford Canada. An injunction issued after a six-week trial. The Federal Court of Appeal upheld the Trial Judge’s findings of validity and infringement with respect to all of the claims at issue, with the exception of one method claim. After a redetermination hearing, the infringement of the method claim was confirmed. Weatherford Canada then settled its damages claims, along with its damages claims in a related action. An application for leave to appeal the original trial decision to the Supreme Court of Canada was dismissed. The Federal Court of Appeal did later send back the method claim for a further redetermination. The patentee’s damages claims are also still pending.
Counsel: Robert MacFarlane, Adam Bobker and Josh Spicer
(Reported decisions: 2005 FCA 300, 2007 FC 396, 2008 FC 1271, 2009 FC 449, 2009 FC 569, 2010 FC 602, 2010 FC 667, 2011 FCA 228, 2012 FC 76)
(2001), (T-1236-01;T-2059-03,T-26-05)
Weatherford Canada Partnership et al. v. National-Oilwell Inc. et al.
Represented Weatherford Canada in a patent infringement damages action against National-Oilwell relating to rotary drive technology for down-hole oil pumps. Action settled at trial in early 2012.
Counsel: Robert MacFarlane and Adam Bobker
(2001), (T-380-01)
Masterfile Corporation v. World Internett Corp. et al.
Acted for Masterfile Corporation, a stock image company, in a copyright infringement action relating to the unlicensed use of Masterfile images on various websites. The action settled before trial.
Counsel: Adam Bobker
(Reported decisions: 2001 FCT 1416)
(2000), (T-959-00)
Kirkbi AG et al. v. Ritvik Holdings Inc. et al.
Represented Lego in a passing off action against Mega Bloks based on the confusion caused in the marketplace by Mega Bloks having copied the stud pattern on LEGO bricks.
Counsel: Robert MacFarlane, Mike Charles, Christine Pallotta and Adam Bobker
(Reported decisions: 1998 CanLII 7434 (FC), 1998 CanLII 8100 (FC), 2000 CanLII 15333 (FC), 2000 CanLII 16454 (FC), 2001 FCT 850, 2002 FCT 585, 2002 FCT 1109, 2003 FCA 297, 2005 SCC 65)
(1996), (T-2799-96; A-395-02;)
Business Depot v. Office Depot
Acted for Business Depot (now Staples) as trademark co-counsel in litigation against Office Depot over the use of the DEPOT trademark and trade name for a big box office supply store. An interim and interlocutory injunction was granted when the litigation commenced. The action was settled shortly before trial.
Counsel: Cynthia Rowden, Jonathan Colombo, and Adam Bobker
(Reported decisions 1999 CanLII 9231 (FC), 2000 CanLII 14809 (FC), 2000 CanLII 15762 (FC), 2000 CanLII 16100 (FCA))
(1992), (T-3049-92; A-26-00)
 

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