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Christopher C. Van Barr
Partner, Patent Agent • Ottawa
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Christopher C. Van Barr
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Christopher Van Barr is a partner in Gowlings’ Ottawa office and is a member of the Firm’s Intellectual Property Litigation Practice Group. Chris has expertise in patent, PM(NOC), trade-mark, copyright and trade secret litigation as well as expertise in computer anti-piracy litigation.
Acting on behalf of leading national and international pharmaceutical, software, manufacturing, and information technology clients, Chris has appeared as lead trial counsel and appeal counsel on numerous cases before the Federal Court of Canada, the Federal Court of Appeal, the Ontario Court, and the Ontario Court of Appeal. Chris is ranked as a leading IP litigator by some of the foremost Canadian legal directories. Chamber's Global Guide notes, "Van Barr is the one you would turn to in the general patent and especially the patented medicines space."
A registered patent agent since 2000, Chris has also accumulated considerable expertise in advising clients on the commercial management of intellectual property including patent life cycle management. Prior to joining Gowlings in 1999, he was in-house counsel (intellectual property/litigation) for a leading Canadian computer software company.
Chris is recognized in Chambers Global: The World's Leading Lawyers for Business 2013 for Intellectual Property: Litigation. Chris has appeared as lead trial counsel and appeal counsel on numerous cases before the Federal Court of Canada, Federal Court of Appeal, Ontario Court, and Ontario Court of Appeal. A sample of cases includes:
- Counsel for Bayer BioScience N.V. in multi-party actions to determine who was entitled to a patent on an invention on some of the earliest plant genetic engineering work, in relation to one of the last patent conflicts in Canada since Canada changed to a first to file system.
- Apotex Inc. v. Takeda Pharmaceuticals America et al, CV-09-391938 - counsel for Takeda Pharmaceuticals in ongoing s.8 damages claim brought by Apotex.
- Eli Lilly Canada Inc. v. Novopharm Limited (2009), 80 C.P.R. (4th) 391 (FC) - counsel for Eli Lilly defeating Novopharm's motion to dismiss Eli Lilly's application regarding Form II olanzapine.
- Bridgeview Manufacturing et al. v. Duratech et al., 2010 FCA 188 (FCA) - counsel for Bridgeview Manufacturing at trial and appeal upholding patent validity involving agricultural machinery.
- Raymor Industries Inc. et al. v. National Research Council of Canada et al.( 2008), 70 C.P.R. (4th) 216 (FC) - counsel for National Research Council defeating Raymor's motion for summary judgment.
- Abbott Laboratories Ltd. and Takeda Pharmaceutical Corporation v. Novopharm et al, (2007), 61 C.P.R. (4th) 97 (FCA) - trial and appeal counsel for Takeda Pharmaceuticals successfully resisting Novopharm's bid for a Notice of Compliance for lansoprazole.
- Jay-Lor International Inc. v. Penta Farm Systems Ltd. (2007), 59 C.P.R. (4th) 228 (FC) - trial counsel for Jay-Lor obtaining judgment for Jay-Lor for patent infringement and damages.
- Calgon Carbon Corp. v. Trojan Technologies, (2006), 56 C.P.R. (4th) 281 (FC) - trial counsel for Trojan Technologies successfully defending Trojan from claims of patent infringement.
- Adobe Systems Incorporated, Autodesk, Inc, Symantec Corp v. Capmatic Ltd., Fillab, Inc. Pharmavigor Inc. et al., (2005), T-665-05 (FC) - counsel for Adobe, Autodesk, and Symantec on successful Anton Pillar motion.
- Stonehouse v. Batco Manufacturing Ltd. et al. (2004), 38 C.P.R. (4th) 105 (FC) - trial counsel for Batco Manufacturing successfully defending Batco from claims of patent infringement.
- Carbo Ceramics Inc. v. China Ceramics Proppant Ltd. (2004), 34 C.P.R. (4th) 423; affirmed (2004), 34 C.P.R. (4th) 431 (FCA) - motion and appeal counsel for Carbo Ceramics obtaining interlocutory judgment against China Ceramics preventing the manufacture, use and sale of ceramic proppant.
- Pfizer Canada Inc. v. RhoxalPharma Inc. (2004), C.P.R. (4th) 546 (FC) - counsel for Pfizer obtaining order for supplementary evidence.
Chris is a former adjunct professor at the University of Ottawa where he taught Advanced Patent Law. He is frequently invited to speak on IP issues and has delivered papers at conferences organized by the Canadian Institute, Law Society of Upper Canada, Infonex, and the Intellectual Property Institute of Canada, among others.
On April 12, 2012, Chris participated in the Gowlings seminar 'Everything You Wanted to Know About Software and Business Method Patents but Were Afraid to Ask,' based on a book he co-authored earlier this year. |
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