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Christopher C. Van Barr
Partner • Ottawa
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Christopher C. Van Barr
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Christopher Van Barr is a partner and co-chair of Gowlings’ IP Litigation National Practice Group. He has expertise in patent, PM(NOC), trade mark, copyright and trade secret litigation as well as expertise in computer anti-piracy litigation. He acts 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, Federal Court of Appeal, Ontario Court, and Ontario Court of Appeal. Chris is ranked as a leading litigator in Lexpert's 2010 Canadian Legal Directory and in Chamber's Global Guide 2010 Guide which notes that "Van Barr is '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 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:
- Mycogen Plant Science, Inc. v. Bayer Bioscience N.V. (2010), 81 C.P.R. (4th) 478 (FCA) - counsel for Bayer BioScience Inc. in ongoing patent conflict actions for plant genetic engineering of Bt toxins.
- 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 an 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.
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