Biography
Colin is an intellectual property litigator with extensive experience representing clients in patent disputes, particularly in the pharmaceutical, technology, and gaming sectors. Colin also advises clients in navigating the complex regulatory landscapes in these industries.
Colin is also a registered trademark agent and leads Gilbert’s trademark group. He works with clients across a diverse range of industries to provide tailored strategies for trademark clearance, registration, enforcement, and litigation. His work helps clients protect their brands and resolve disputes effectively.
Colin’s contributions extend beyond client advocacy. He collaborated with OCAD University and the University of Windsor Faculty of Law to develop an online course titled Introduction to Trademarks for Creative Entrepreneurs, now offered through eCampusOntario’s Virtual Learning Strategy. This initiative highlights Colin’s dedication to education and innovation in intellectual property law.
Colin is a product of the Gilbert’s farm system, having honed his legal skills as a summer and articling student at the firm. Outside of the office, he is an avid sports fan and enjoys spending time on the golf course and with his family.
Representative Cases
- Diogenes Limited ats DraftKings Inc: co-counsel to plaintiff in US District Court patent infringement action and related inter partes review proceedings before Patent Trial and Appeal Board relating to various gaming patents. Matter ongoing.
- New Metric Media Inc. v Hipbees Skincare Inc.: Successfully represented opponent in trademark opposition proceedings, resulting in opponent’s acquisition of subject application.
- WHC zShuttle, LLC v Super Shuttle Share-A-Ride Corp., 2024 TMOB 55, 2024 TMOB 56 & 2024 TMOB 57: Successfully represented trademark owner in expungement proceedings under section 45 of the Trademarks Act.
- Luxie, Inc. and Big IP OPCO, LLC, 2023 TMOB 204: Successfully represented trademark owner in expungement proceedings under section 45 of the Trademarks Act.
- Six Nations of the Grand River v Attorney General of Canada et al: counsel to Haudenosaunee Development Institute, a delegate of the Haudenosaunee Confederacy Chiefs Council, on motion to intervene in long-standing land treaty dispute based on the 1784 Haldimand Proclamation and Treaty 18 and 19, among other rights.
- Haudenosaunee Development Institute v Metrolinx, ONSC File No. CV-23-694346 (and related appeals): Counsel to applicant in injunction proceedings concerning removal of trees at Osgoode Hall in Toronto (reported in the Toronto Star).
- Vision Travel DT Ontario-West Inc. v Calvert, et al., Federal Court File No. T-862-22: Successfully represented plaintiff in the travel industry in a trademark infringement and passing off dispute.
- The Haudenosaunee Development Institute v Ontario (Minister of Environment, Conservation and Parks), et al., ONSC File No. 426/21: Represented plaintiff in a judicial review concerning a transit project.
- Tsiriotakis v Akropolis Phyllo Products Inc.: Successfully represented applicant in trademark opposition proceedings, resulting in registration of applicant’s mark.
- Fresenius Kabi Deutschland GmbH v Samsung Bioepis Co, Ltd, Federal Court File No. T-2009-19, T-462-21: represented plaintiff in patent impeachment proceedings in relation to a formulation patent for adalimumab biosimilars.
- ViiV Healthcare Company et al. v Gilead Sciences, Inc., 2020 FC 486, 2021 FCA 122: Counsel to Gilead in a patent infringement action where non-infringement was decided by contested summary trial.
- Wi-LAN Inc. v LG Electronics, Inc. et al, T-1349-17: Counsel to Wi-LAN in a patent infringement action involving issues related to Standards Essential Patents (SEPs) and FRAND remedies.
- Safe Gaming System Inc. v Atlantic Lottery Corporation et al., 2018 FC 871: Counsel to Safe Gaming System in a patent infringement action.
Publications
- “Effects of an Angiotensin II Type 1 Receptor Blocker on Aortic Valve Sclerosis in a Preclinical Model”, Canadian Journal of Cardiology, Vol 30(9), pp. 1096-1103 (September 2014).