Andrew McIntosh

Partner

Toronto, 416.957.1677

Practice Group(s)

Patents
Chemical
Life Sciences
Litigation

Education

B.Sc. (Chem.), Western University, 1990
J.D., University of Detroit, 1993
University of Windsor, 1993

Qualifications

Admitted to the Ontario Bar, 1995 
Registered Canadian Patent Agent, 1996
Registered United States Patent Agent, 1997 
Registered Canadian Trademark Agent, 2005

Professional Memberships

American Bar Association (ABA)
American Intellectual Property Law Association (AIPLA)
Intellectual Property Institute of Canada (IPIC), Fellow

Andrew McIntosh

B.Sc. (Chem.), J.D., LL.B.

Andrew’s practice focuses on intellectual property litigation relating to patents, trademarks and trade secrets.

He has litigation experience in a wide range of technologies including chemistry and polymer science, biotechnology, oilfield services, electronics, electronic document imaging, mechanical arts, and a variety of consumer products.  Andrew has extensive pharmaceutical patent litigation experience including Patented Medicines (Notice of Compliance) proceedings, as well as infringement and impeachment actions. Andrew has appeared as counsel before the Federal Court, Federal Court of Appeal, Ontario Superior Court and Ontario Court of Appeal.

Andrew also advises clients in evaluating and obtaining patents for chemical and mechanical inventions, and with respect to intellectual property due diligence issues.

 

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Our People

Andrew McIntosh

Andrew McIntosh

B.Sc. (Chem.), J.D., LL.B.

Partner
Toronto      Ph: 416.957.1677

Practice Group(s)
Patents
Chemical
Life Sciences
Litigation

Education
B.Sc. (Chem.), Western University, 1990
J.D., University of Detroit, 1993
University of Windsor, 1993

Qualifications

Admitted to the Ontario Bar, 1995 
Registered Canadian Patent Agent, 1996
Registered United States Patent Agent, 1997 
Registered Canadian Trademark Agent, 2005

Andrew’s practice focuses on intellectual property litigation relating to patents, trademarks and trade secrets.

He has litigation experience in a wide range of technologies including chemistry and polymer science, biotechnology, oilfield services, electronics, electronic document imaging, mechanical arts, and a variety of consumer products.  Andrew has extensive pharmaceutical patent litigation experience including Patented Medicines (Notice of Compliance) proceedings, as well as infringement and impeachment actions. Andrew has appeared as counsel before the Federal Court, Federal Court of Appeal, Ontario Superior Court and Ontario Court of Appeal.

Andrew also advises clients in evaluating and obtaining patents for chemical and mechanical inventions, and with respect to intellectual property due diligence issues.

 

Articles

Speaking Engagements

The Harold G. Fox Moot

Canadian Intellectual Property Moot
Toronto, ON
February 20 - 21, 2015

Bereskin & Parr is proud to co-sponsor The 2015 Fox Intellectual Property Lecture Luncheon on Friday, February 20th.

The Moot is intended to promote the furtherance of education in the intellectual property field, and to provide participants with the opportunity to interact with jurists of the Supreme, Ontario and Federal Courts and experienced practitioners of intellectual property law. It is named in honour of the late Harold G. Fox, one of Canada's leading intellectual property scholars and advocates. Andrew McIntosh and Joshua Spicer are panelists at this event.

For further information, please click here.

Event Attendance

ABA 32nd Annual Intellectual Property Law Conference

American Bar Association
Arlington, VA
April 4 - 6, 2017

Mark Robbins, Andrew McIntosh and Adam Bobker attended the ABA 32nd Annual Intellectual Property Law Conference at Crystal Gateway Marriott.

For more information, please click here.

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.

University of British Columbia

On Campus Interviews
October 1, 2014

Andrew McIntosh and Margaret Seko will be attending.

University of Victoria

On Campus Interviews
September 30, 2014

Andrew McIntosh and Margaret Seko will be attending.

Fordham University

22nd Annual Intellectual Property Law & Policy Conference
New York, NY
April 23 - 25, 2014

Bereskin & Parr will be a patron sponsor at the 22nd Annual Intellectual Property Law & Policy Conference held by Fordham Intellectual Property Law Institute & Emily C. & John E. Hansen Intellectual Property Institute at Fordham University School of Law.

Don Cameron will be a speaker and Andrew McIntosh will be attending the event.

Click here to view the full program.

American Bar Association

28th Annual Intellectual Property Law Conference
Arlington, VA
April 3 - 5, 2013

Robert Storey, Andrew McIntosh and Joshua Spicer are scheduled to attend.

For more information go to: www.americanbar.org/groups/intellectual_property_law/events_cle/aba_spring_ipl_2013.html

Accolades

  • Who’s Who Legal: Canada 2017
  • 2016 Canadian Legal Lexpert Directory

Professional Memberships

American Bar Association (ABA)
American Intellectual Property Law Association (AIPLA)
Intellectual Property Institute of Canada (IPIC), Fellow

News

  • Bereskin & Parr Obtains $1.5 Million Damage Award for Patent Infringement
  • Bereskin & Parr Successfully Represents Telebrands and Supertek in Patent Infringement Action Relating to an Expandable and Contractible Hose

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)
Power Box AG et al. v. Robert Bosch Inc.
Representing the plaintiff Power Box AG and its subsidiary in a patent infringement action against Robert Bosch Inc. relating to power saws. Counsel: Andrew McIntosh and Anastassia Trifonova
(2016), (T-1960-16)
Deflecto, LLC v. Dundas Jafine, Inc., and Indiana Corporation
Represented Dundas Jafine in a patent infringement action relating to dryer exhaust vents.
Counsel: Andrew McIntosh and Michael Burgess
(2014), (T-1834-14)
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)
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)
Accede Energy Services, Ltd. v. Pomerleau
Represented Accede Energy in a patent impeachment action relating to the optimization of vacuum systems and methods for drying drill cuttings.
Counsel: Robert MacFarlane and Andrew McIntosh
(2012), (T-1969-12)
Penguin Group (Canada) et al. ats. Cooley & Co. Ltd. et al.
Represented Penguin Group (Canada) in a copyright infringement action brought against it relating to a three-dimensional model of a dinosaur egg.
Counsel: Andrew McIntosh
(2011), (T-1885-11)
Penguin Group (Canada) et al. ats. Lee et al.
Represented Penguin Group (Canada) in a copyright infringement action brought against it in respect of several literary works.
Counsel: Andrew McIntosh
(2011), (T-1723-11)
Best Buy Canada Ltd. ats. International Control Systems, LLC et al.
Defended Best Buy Canada in an action for patent infringement relating to automatic volume adjustment technology for use in televisions.
Counsel: Andrew McIntosh and Amrita V. Singh
(2011), (T-1653-11)
Nova Chemicals Company ats. Dow Chemical Company
Acted for Nova Chemicals in a patent infringement action relating to polyethylene resin compositions at a monetary remedies reference, and at the liability trial and appeal.
Counsel: Robert MacFarlane, Mike Charles, Andrew McIntosh,Adam Bobker,Josh Spicer and Amrita V. Singh
(Reported decisions: 2017 FC 350, 2017 FC 637; 2012 FC 754, 2014 FC 844, 2016 FC 91 and 2016 FCA 216)
(2010), (T-2051-10)
Canadian Imperial Bank of Commerce et al. ats. Datatreasury
Represented CIBC in a patent infringement action relating to cheque scanning technology. The action was settled shortly before trial.
Counsel: Robert MacFarlane and Andrew McIntosh
(Reported decisions: 2008 FC 955)
(2007), (T-1472-07; T-1661-07)
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)
adidas-Salomon AG et al. v. 2690942 Canada Inc. (Campea)
Represented adidas in an action for copyright and trademark infringement relating to soccer jerseys. The action was settled and a consent judgment issued.
Counsel: Andrew McIntosh and Josh Spicer
(Reported decisions: 2008 FC 776)
(2005), (T-1244-05)
Daiichi Pharmaceutical Co. Ltd. et al. v. Novopharm Limited
Represented Daiichi in patent infringement proceedings against Novopharm relating to the antibiotic LEVOFLOXICIN. An injunction and damages were awarded at trial, a stay of the injunction was denied and the trial judgment was upheld by the Federal Court of Appeal. An application for leave to appeal to the Supreme Court of Canada was dismissed.
Counsel: Mike Charles, Andrew McIntosh and Josh Spicer
(Reported decisions: 2006 FC 1234, 2006 FCA 406, 2007 FCA 105, 2007 FCA 269, 2007 FCA 217)
(2004), (T-2175-04; A-500-06;)
Pfizer Canada Inc. et al. v. Lilly ICOS LLC et al.
Represented Pfizer in patent infringement proceedings in which a patent for Pfizer’s drug VIAGRA was asserted against Eli Lilly’s drug CIALIS, a competing drug for the treatment of erectile dysfunction. The action settled before trial.
Counsel: Robert MacFarlane, Mike Charles and Andrew McIntosh
Don Cameron and Scott MacKendrick represented Eli Lilly in the action. They joined Bereskin & Parr LLP in 2012.
(Reported decisions: 2003 FC 1278, 2004 FC 223)
(2003), (T-1721-03)
Pfizer Canada Inc. et al. ats Bayer Aktiengesellschaft et al.
Represented Pfizer in a patent impeachment action relating to one of Pfizer’s patents for the drug VIAGRA brought by Bayer.
Counsel: Robert MacFarlane, Andrew McIntosh and Mike Charles
Don MacOdrum represented Bayer in the action. He joined Bereskin & Parr LLP in 2012.
(2002), (T-865-02)
Pfizer Canada Inc. et al. ats. Lilly ICOS LLC et al.
Represented Pfizer in a patent impeachment action relating to one of Pfizer’s patents for the drug VIAGRA brought by Eli Lilly. The action settled before trial.
Counsel: Robert MacFarlane, Mike Charles and Andrew McIntosh
Don Cameron and Scott MacKendrick represented Eli Lilly in the action. They joined Bereskin & Parr LLP in 2012.
(Reported decisions: 2006 FC 1465, 2006 FC 1500, 2006 FC 1501)
(2002), (T-341-02)
Royal Canadian Mint ats. Westaim Corporation
Represented the Royal Canadian Mint in the defence of a patent infringement action relating to the production of blanks for minting into coins. The patent was declared invalid at trial. An appeal was launched but the action settled before the hearing of the appeal.
Counsel: Robert MacFarlane and Andrew McIntosh
(Reported decisions: 1998 CanLII 8537 (FC), 2002 FCT 1217)
(1998), (T-453-98; A-32-03)
Warner Lambert Canada Inc. and Warner Lambert Export Limited ats Fournier Phama Inc. and Fournier Industrie et Sante S.A
Defended Warner Lambert in a trademark and expungement action relating to the LIPITOR trademark.
Counsel: Michael E. Charles and Andrew McIntosh
(Reported decisions: (1998), 82 CPR (3d) 493 (FCTD), 1998 CanLII 8268 (FC); (1997), 77 CPR (3d) 417 (FCTD), 1997 CanLII 5883 (FC), 140 FTR 221)
(1997), (T-2000-97)
Illinois Tool Works Inc. et al. v. Cobra Anchors Co. Ltd.
Acted for ITW in an action and appeal for patent infringement relating to wall anchors.
Counsel: Robert MacFarlane, Andrew McIntosh and Brigitte Chan
(Reported decisions: 2002 FCT 829, 2003 FCA 358)
(1996), (T-2313-96; A-522-02)
Noma Inc. ats Paige Innovations Inc.
Represented Noma in a patent infringement action relating to a flat electrical attachment plug owned by Paige Innovations and successfully obtained summary judgment dismissing the plaintiff’s claim of patent infringement.
Counsel: Robert MacFarlane and Andrew McIntosh
(Reported decision: (1997), 77 CPR (3d) 194 (FCTD))
(1996), (T-2479-96, A-649-97)
 

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