Christine Pallotta

Christine Pallotta  

Partner

Executive Summary

Christine is an intellectual property lawyer and the national leader of Intellectual Property Litigation. Christine's practice focuses on all aspects of intellectual property litigation, including trademark, patent, copyright and confidential information cases, as well as pharmaceutical patent litigation and notice of compliance proceedings.

Christine has litigated a number of significant cases, appearing as counsel or co-counsel at the Federal Court, Federal Court of Appeal, Ontario Court of Justice and Supreme Court of Canada. Some of these include the precedent-setting LEGO trademark case, a case heard by the Supreme Court of Canada; a patent infringement action for cheque processing involving major Canadian chartered banks; a patent infringement action for oil and gas well completion methods; patent infringement actions and Patented Medicines (Notice of Compliance) proceedings for a major pharmaceutical company, and a patent infringement action related to computer-implemented lottery systems.

Christine also advises on complex intellectual property issues, including litigation and dispute resolution strategies in patent, trademark, copyright and industrial design disputes. She is a registered trademark agent and represents clients in trademark opposition and summary cancellation proceedings.

Representative Work

  • DataTreasury Corporation v. Royal Bank of Canada, Bank of Nova Scotia, Toronto-Dominion Bank, Canadian Imperial Bank of Commerce, Bank of Montreal, National Bank of Canada, Symcor Inc. and Intria Items Inc., Federal Court File T-1661-07(settled) – patent litigation involving cheque-processing technology.
  • Halliburton Energy Services Inc. et al. v. BJ Services Company et al. Federal Court File T-1969-08 (stayed) – patent litigation involving oil and gas well completion methods.
  • Curb v. Smart & Biggar 2009 FC 47 – trademark litigation.
  • Canadian Copyright Licensing Agency v. Business Depot Ltd. Federal Court File T-1905-07 (settled) – copyright litigation regarding fair dealing.
  • Parfums de Coeur, Ltd. v. Asta 2009 FC 21 – trademark litigation.
  • Pfizer Canada Inc. v. Apotex Inc. 2007 FCA 195 and 2007 FC 26 – Patented Medicines (Notice of Compliance) proceeding.
  • G.D. Searle & Co v. Novopharm Limited 2007 FCA 256 and 2007 FC 8 – Patented Medicines (Notice of Compliance) proceeding.
  • Lilly Icos LLC v. Pfizer Ireland Pharmaceuticals Federal Court File T-341-02 (settled) – patent litigation involving pharmaceutical preparations.
  • M.K. Plastics Corporation v. Plasticair Inc. 2007 FC 574 – patent litigation regarding an industrial chimney.
  • Kirkbi AG and LEGO Canada Inc. v. Ritvik Holdings Inc., 2005 SCC 65; 2003 FCA 297 and 2002 FCT 585 – trademark litigation regarding the application of the doctrine of functionality to unregistered trade-marks, and the constitutionality of section 7(b) of the Trade-marks Act.

Publications & Presentations

  • Co-Author, “Do you know who your inventors are?” Canadian Biotechnology Industry Guide, 2012, Contact Canada.
  • Co-Author, “Patenting Clean Tech: Business Methods in Canada,” Renewable Energy & CleanTech Canada, Industry Guide 2012, Contact Canada.
  • Moderator, “Business Method Patents and Patentable Subject Matter,” Osgoode Hall Law School Professional Development Teleseminar, 2012.
  • Consulting Editor and Contributing Author, Trade Dress: International Practice and Procedures, International Trademark Association (INTA), 2008-present.
  • Presenter, “Life After Registration,” Understanding Trademarks course, Intellectual Property Institute of Canada and McGill University, 2009-11.
  • Panellist, “Administrative Law and Intellectual Property,” Intellectual Property Institute of Canada, 2010.
  • Presenter, “Bringing and Responding to a Federal Court Action: Procedural and Legal Issues,” Osgoode Hall Law School Professional Development Program: The Practical Guide to Federal Court Advocacy and Practice, 2010.
  • Presenter, “Production Under the Patented Medicines (Notice of Compliance) Regulations,” Canadian Bar Association Program: Advocacy in Intellectual Property Matters: Motions that Matter, 2010.
  • Presenter, “An Introduction to Federal Court Procedure,” Pro Bono Law Ontario and The Advocates’ Society Program: Federal Trial Court Pro Bono Pilot Project, 2010.
  • Panellist, “Trade Dress Protection for Product Configurations,” Intellectual Property Owners Association Annual Meeting, 2008.

Rankings & Recognitions

  • Recognized in the 2017 edition of IAM Patent 1000 - The World's Leading Patent Professionals (Patent Litigation).
  • Recognized in the 2017 edition (and since 2016) of Benchmark Canada – The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys as a "Litigation Star: Intellectual Property."
  • Selected by peers for inclusion in the 2017 edition (and since 2015) of The Best Lawyers in Canada® (Intellectual Property Law).
  • ​Recognized in the 2017 edition (and since 2015) of World Trademark Review's WTR 1000 – The World's Leading Trademark Professionals (Enforcement and Litigation).
  • Recognized in the 2016 edition of The Canadian Legal Lexpert Directory (Intellectual Property).
  • Recognized in the 2015 edition of the Legal 500 Canada (Intellectual Property).
  • Martindale-Hubbell® BV® Distinguished™ 4.2 out of 5 Peer Review Rated.
  • Recognized in Euromoney's Expert Guide: World's Leading Trademark Law Practitioners.
  • Recognized in Euromoney's Expert Guide: World's Leading Women in Business Law — Trademark.