Jeff Gordon  


Executive Summary

Jeff is a partner based in the Toronto office of Borden Ladner Gervais LLP. Jeff's practice focuses on intellectual property litigation, including patent, trademark and copyright matters.

Jeff has acted as counsel in several Federal and Ontario Court proceedings, recently including a patent infringement trial related to video lottery terminals and a trademark infringement application regarding chocolate products.

With a background in civil engineering, Jeff is also a registered Canadian and United States patent agent. He has experience filing and prosecuting domestic and foreign patents for civil, mechanical, industrial, chemical and electrical technologies.

Jeff also advises on trademark prosecution and oppositions, industrial design protection strategies and intellectual property due diligence.

He has represented clients in many industries, including oil production, healthcare, consumer appliances, sporting equipment, polymeric compounds, water filtration and insurance services.

Jeff serves on the Leadership of the Intellectual Property Owners' Association (IPO) as the Secretary of the Emerging Technologies and Trade Committee. In this role, he has engaged in international IP advocacy efforts. These include participating in a round-table discussion with the United States Commissioner for Patents and contributing submissions to the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents (SCP).

Representative Work

  • Safe Gaming System Inc. v. Atlantic Lottery Corporation et al., Federal Court File No. T-1043-12: patent infringement action related to video lottery terminals.
  • Chocoladefabriken Lindt and Spüngli AG et al. v. Les Chocolats Vadeboncoeur Inc., Federal Court File Nos. T-514-16 and T-608-16: trademark infringement and invalidity applications related to distinguishing guise and word trademarks in association with chocolate products.
  • Logistics Software Corp. v. EC Global Dynamics et al., Ontario Court File No. CV-15-522335: breach of contract and copyright infringement action related to computer software.
  • BackJoy Orthotics, LLC v. Homedics USA, LLC, Federal Court File No. T-2118-14: patent infringement action involving ergonomic seats.
  • Hawk Technology, LLC v. Mac's Convenience Stores, Inc., Federal Court File No. T-557-15: patent infringement action related to video surveillance technology.
  • Represented artists in the enforcement of copyrighted artistic works, including photographs and website images.
  • Defended an industrial manufacturer in an action alleging misuse of confidential information.
  • Advise clients on domestic and foreign patent filing and prosecution strategies for civil, mechanical, industrial, chemical and electrical inventions.
  • Provide validity, patentability and freedom-to-operate patent opinions.
  • Counsel clients on Canadian trademark oppositions and trademark prosecution.
  • Advise on intellectual property due diligence related to business transactions and licensing arrangements.

Publications & Presentations

  • Presenter, "Canadian Patent Law Update on the Promise of the Patent Doctrine and Infringement Damages", Intellectual Property Owners Association (IPO) Emerging Technologies and Trade Committee Meeting, 2017.
  • Presenter, "IP Protection in Big Data: Issues and Multijurisdictional Considerations", Joint Webinar of Intellectual Property Owners Association (IPO) Committees, 2017.
  • Presenter, "The Canadian Patent Regime for Civil Engineering", Canadian Society for Civil Engineering (CSCE) Annual Conference, 2016.
  • Presenter, Policy and Procedure Round-Table with the United States Commissioner for Patents and the United States Patent and Trademark Office (USPTO) Senior Management Team, USPTO Round-Table Meeting, 2016.
  • Moderator, "World Intellectual Property Organization (WIPO) — Standing Committee on Patents Developments", Intellectual Property Owners Association (IPO) Annual Meeting, 2016.
  • Co-author, "Did Master pass-off Mister?" Case Commentary, World Trademark Review, 2016.
  • Contributor, "Emerging Technologies and Trade Committee Update", Intellectual Property Owners Association (IPO) Leadership Conference, 2016.