Timothy St. J. Ellam: Lawyer with McCarthy Tétrault LLP

Timothy St. J. Ellam

Calgary,  AB  Canada

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Practice Areas

  • Appellate Litigation
  • Corporate Commercial Litigation
  • Intellectual Property
  • IP Litigation
  • Litigation
  • Technology & Licensing
University University of Calgary, B.A., 1982
Law SchoolUniversity of Alberta, LL.B., 1987
Admitted1988, Alberta; 2000, England and Wales

Timothy St. John Ellam is a partner in our Litigation and Intellectual Property Groups in Calgary and is also a member of the Firm's Board of Partners.

Mr. Ellam advises clients over disputes relating to intellectual property, related commercial matters and with international arbitrations. He has appeared as senior litigation counsel in patent, licensing, copyright and technology related trials, arbitrations and hearings. Recent cases where he was lead counsel are recognized in Chambers Global (2011, 2012 and 2013) and Lexpert (2010). He frequently works with the Firm's London office on significant international arbitration matters and on litigation proceedings in the High Court of Justice (Commercial Court).

Mr. Ellam is also a Solicitor Advocate (Higher Courts - Civil) in the Law Society of England and Wales and holds Rights of Audience in the Higher Courts in that jurisdiction. He is an IBA Fellow in International Legal Practice; a distinction granted by the International Bar Association and the College of Law of England and Wales in 2005. He is the first lawyer in Canada to be awarded this designation.

Mr. Ellam is a member of the Law Society of Alberta, The Law Society of England and Wales, the Canadian Bar Association, the International Bar Association, the American Bar Association, the International Association of Defense Counsel, the American Intellectual Property Law Association and the Solicitors Association of Higher Court Advocates (UK). He was recently elected as a Fellow of the American Bar Foundation.

Transactions & Cases

· Intellectual Property Litigation - Extensive experience in patent, copyright and trade-mark litigation including infringement disputes and related injunction proceedings, licensing, technology, trade secret and e-commerce disputes and Internet law. Mr. Ellam also has extensive experience with cross border patent, copyright and licensing litigation. Noted cases include CADVision v. Telus (1999)(issues relating to the introduction of asymmetrical digital subscriber line access (ADSL) Internet service before the courts in Alberta and the CRTC), AltaRex v. Biomira (2000)(a major biotech company in the successful settlement of a patent dispute), Top-Notch v. Top Notch (2001), 207 F.T.R. 260; 13 C.P.R. (4th ) 260 (the successful defence of a trade mark infringement action), NovAtel v. Harris (2002)(a dispute relating to the manufacture of a global positioning system (GPS) equipment), iDc v. QC Data (2002), 261 A.R. 155 (C.A.) (mandatory injunctive relief upholding a licensing contract), WiLan v. Morris (2003) (Internet defamation), Utilitran v. Doe (2004)(denial of service), Welltec ApS v. Precision Drilling (2004), ABQB 139 (injunctive relief for passing off), Plastifab Ltd. v. Produits Pour Toitures Fransyl Ltée (2004) (patent infringement action), NovAtel v. Ellis (2005) (Internet Defamation), ARAM v. NovAtel (2006) ABQB 697 (injunctive relief on patent issues) ARAM v. NovAtel (2008) ABQB 441 (inventorship dispute trial);Juxtacomm Technologies v. Ascential Software et al US Dist. Ct. 2:07 CV-00359 (Canadian counsel on US patent dispute); ARAM v. NovAtel (2009) ABCA 262 (inventorship dispute appeal); Sasol Technologies (Proprietary) Limited v. De Klerk (2009) ABQB 599 (setting aside Anton Pillar); ARAM v. NovAtel (leave application to Supreme Court of Canada, 2010); award of enhanced party and party costs in a patent derivation case (NovAtel v. ARAM Systems Ltd. (2010) ABQB 152); successful settlement of a patent infringement case in the Federal Court of Canada for Alberta Health Services (2010); successful settlement of a technology case involving the manufacture of a drilling rig (2012), appeal of a judgment dismissing a claim of patent infringement, Wenzel Downhole Tools Ltd. and William Wenzel v. National-Oilwell Canada Ltd. et al 2012 F.C.A. 333; mediation of a major trademark case resulting in a Co-Existence Agreement (2013).

· Appeals - Frequently retained to act as appellate counsel on various matters. Recent cases include Desoto Resources Limited v. EnCana Corporation (2011) ABCA 100; Wenzel Downhole Tools Ltd. and William Wenzel v. National-Oilwell Canada Ltd. et al 2012 F.C.A. 333.

· Arbitrations - Extensive experience in both domestic and international arbitrations involving communications, technology and energy matters, including representing a large utility in disputes under Power Purchase Arrangements (PPA). Recent involvement include: co-counsel in a major arbitration with respect to certain force majeure provisions under a PPA; settlement of a contractual dispute involving New York law before the ICD (2010); successful arbitration of a trademark case (2012)and co-counsel on a major arbitration before the LCIA (2013).

· Telecommunications - Extensive experience in matters relating to proceedings before the International Telecommunications Union (ITU) with involvement for clients in various Working Groups and Special Committees. Recent advice to clients has involved proposed amendments to the ITU Radio Regulations and frequency allocations at WRC 2003, 2007, 2012 and 2013.

· Court, Administrative Tribunal and ADR Experience - Appearance before all levels of court in Alberta, the Federal Court of Canada (both Trial and Appeal levels), the Supreme Court of Canada, the AUEB, the Alberta Securities Commission and various international administrative bodies.

Presentations, Conferences & Publications

· Speaker, Data Ownership, ITU Telecom World 2012, Dubai, UAE;

· Speaker, Preparing for Disputes and Litigation, 5th Cloud Computing Law Conference, 2012, Calgary, AB;

· Speaker, Preparing for Disputes and Litigation, 3rd Cloud Computing Law Conference 2011, Calgary, AB;

· Speaker and Moderator, Toxic and Hazardous Substances Litigation, 2011 International Association of Defence Counsel Annual Meeting, Whistler, BC;

· Speaker, "An Introduction to Intellectual Property", 2008 (Canadian Institute Seminar), Calgary, AB;

· Speaker and Moderator, ITU World Telecom 2006, Hong Kong;

· Speaker, Asia Pacific Economic Community (APEC) Telecom Meeting 2006, Calgary, AB;

· Speaker, "Negotiating and Drafting Intellectual Property Agreements", 2006 (Canadian Institute Seminar), Calgary;

· Speaker, "Managing Complex Litigation", 2006 (Canadian Institute Seminar), Toronto;

· Speaker, ITU Americas Telecom 2000, Rio de Janeiro, ITU Africas Telecom 2001, Johannesburg and ITU, Americas Telecom 2005, Brazil;

· Contributing author on Canadian law to: Hopengarten, F. Antenna Zoning, (2nd Ed.) (2011);

· Co-Author: "Effective Cross Licensing" (2006);

· Co-Author: "Recent Judicial Developments in Arbitration and Mediation" (2006);

· Author: "Harmonized Patent Rights for the Americas" (2005);

· Co-Author: "Dispute Resolution in the Telecommunications Sector: Current Practices and Future Directions" (2004);

· "Conflict of Laws from An E-Commerce Perspective" - Canadian Bar Association presentation (2002);

· Author: "Electronic Commerce: Who really has Jurisdiction?" (2000); and

· Author: "Cable Ownership: The Applicability of the European Union "Cable Separation" Directive to the Americas" (2000).


Documents by this lawyer on Martindale.com

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Your Patent Has Been Infringed: Enforcement of Oil and Gas Patents in Canada
Timothy St. J. Ellam,Steven Tanner, June 3, 2014
Patent disputes are on the rise. 101 patent infringement actions were filed in in the Federal Court in 2013 as compared with 48 patent infringement cases in 2012. As we explained previously, part of that increase is due to an increase in oil and gas patent litigation. This raises the question;...

Patent Law Historical Observations: Oil and Gas
Timothy St. J. Ellam,Steven Tanner, April 2, 2014
We recently posted an article reviewing the year past in oil and gas patent litigation. We analyzed new Federal Court cases and issued decisions and provided commentary on future implications.

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Office Information

Timothy St. J. Ellam

421 7th Avenue, S.W., Suite 4000
CalgaryAB T2P 4K9


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