Brian Gray practises litigation and dispute resolution for patent, copyright, trade-mark, entertainment and advertising matters. He counsels and represents clients with large patent and trade-mark portfolios and has appeared before the Federal and Ontario courts on patent, trade-mark and copyright matters.
His experience includes parallel imports and grey market trade-mark cases, copyright authorship and ownership disputes in the motion picture industry, trial and appeal of patent infringement cases, brand name pharmaceutical patent litigation and notice of compliance cases, inventorship claims and patent disputes in the academic sector, trade secret cases, television and motion picture co-production and financing, technology transfer and patent licensing, patent drafting and patent opinions, patent and trade-mark portfolio management and counselling, and advertising litigation and counselling.
Prior to joining the firm, Mr. Gray was a partner at another major law firm in Toronto.
Selected client work
Mr. Gray's client work includes:
ˇ Acting as Canadian counsel to Nortel for patent matters in connection with its multi-jurisdictional insolvency proceedings, including its agreement to sell its global Carrier VoIP and Application Solutions (CVAS) business to GENBAND and the sale of its optical networking and Ethernet businesses to Ciena and its enterprise solutions business to Avaya
ˇ Recent experience advising financial institutions on business method patents and business software (Amazon case) and policy issues and litigation relating thereto, including defence against DataTreasury patent claims
ˇ Copyright authorship and ownership disputes for major motion picture studios; motion picture and television co-production and financing
ˇ Trial and appeal of patent infringement cases for a major forest machinery company
ˇ Brand name pharmaceutical patent litigation and notice of compliance cases
ˇ Inventorship claims and patent disputes for one of Canada's leading universities
ˇ Trade secret cases for a graphic chip manufacturer
ˇ Technology transfer and patent licensing; patent drafting and patent opinions
ˇ Patent and trade-mark portfolio management and counselling, grey market cases
ˇ Advertising litigation and counselling
Rankings and recognitions
ˇ World Trademark Review, expert in enforcement and litigation
ˇ Recognized by Benchmark Canada as a litigation star
ˇ Guide to the World's Leading Trade Mark Law Practitioners, 2012
ˇ Best Lawyers in Canada, 2012 - Biotechnology Law, Intellectual Property Law
ˇ The International Who's Who of Life Sciences Lawyers, 2012
ˇ The International Who's Who of Patent Lawyers, 2012
ˇ Recognized as one of the top trade-mark lawyers in Canada in The Best of the Best 2011
ˇ PLC Which lawyer?, 2011 - IP: non-patent litigation; Life sciences: patent litigation
ˇ The International Who's Who of Trademark Lawyers, 2011
ˇ Lexpert
ˇ Guide to the Leading 500 Lawyers in Canada
ˇ Who's Who Legal
ˇ Global Counsel 3000
ˇ Chambers Global Guide to the World's Leading Lawyers (Intellectual Property)
ˇ Managing Intellectual Property
Memberships and activities
ˇ World Intellectual Property Organization
- Arbitration panel
ˇ Joint Copyright Committee, Canadian Bar Association and Intellectual Property Institute of Canada
ˇ Intellectual Property Institute of Canada
- Litigation Committee
ˇ Ministerial science advisory committee
ˇ International Bar Association
- Former Chair, Intellectual Property Committee
ˇ Editorial board, World Intellectual Property Report
ˇ Editorial board, Federated Press Intellectual Property Quarterly
ˇ Editorial board, World E-Commerce Report
ˇ Editorial board, Trade-Mark Reporter
ˇ Lecturer, patent and trade-mark law, University of Toronto
ˇ Lecturer, copyright law, McGill University
Directorships
ˇ Director, technology transfer company of one of Canada's major universities
ˇ Past director, technology network of one of Canada's major research universities
Related Publications
IP monitor - CIPO Inviting Consultation: Sound, Motion and Holographic Marks to be Allowed and Opposition Procedures Modernized
On February 23rd, the Canadian Intellectual Property Office (CIPO) circulated a list of proposed amendments to the Trade-Marks Regulations and invited communications from interested stakeholders in a consultation period scheduled to be open until April 23rd, 2012.
29/02/2012
IP monitor - ISPs - Not Broadcasters Supreme Court Says
On February 9, 2012, the Supreme Court issued its decision in Reference Re: Broadcasting Act. 2012 SCC 4.
10/02/2012
IP monitor - Federal Court of Appeal weighs in on business methods
On November 24, 2011, the Federal Court of Appeal released its highly anticipated decision in the case of Amazon.com's so called 'one-click' patent.
25/11/2011
IP monitor - New Canadian Copyright Bill is a copy
On September 29, 2011, The Honourable Christian Paradis, Minister of Industry, and the Honourable James Moore, Minister of Canadian Heritage and Official Languages, announced the reintroduction of the Government of Canada's Copyright Modernization Act.
03/10/2011
Proposed amendments to the Canadian Copyright Act
On June 2, the government of Canada introduced Bill C-32 to amend the Copyright Act. The amendments would result in substantial changes to the current Act. This paper briefly highlights the proposed changes.
04/06/2010
Amazon Canadian patent application
In a recent decision, the Patent Appeal Board (C.D. 1290) has rejected Canadian patent application number 2,246,933 entitled "Method and System for Placing a Purchase Order Via a Communications Network" filed by Amazon.com, Inc. The application sets out a method and a system that allow a purchaser
10/06/2009
Related News
Two Canadians ordered to stop selling Aga Khan's speeches
Brian Gray talks to the Toronto Sun about his legal victory on behalf of the Aga Khan on a copyright infringement matter.
11/01/2011
Patent extends to business methods
The Amazon decision on patents could mean insurance, banking, financial service and securities industries will now have to make patents a top priority. Brian Gray explains on BNN's SqueezePlay.
26/10/2010
U.S. cases foreshadow patent issues in Canada
The U.S. Supreme Court decision in Bilski is "very uncertain, very unclear," says Brian Gray in Law Times.
20/09/2010
The International Who's Who of Life Sciences Lawyers, 2008
Ogilvy Renault's internationally recognized life sciences team is top-notch in Canada, according to a leading international legal publication.
01/06/2008
Business Method Patents: Here To Stay?
Brian Gray of our Intellectual Property Group tells Lexpert about the emergence of business method patents and clarifies their intended use.
01/12/2008