Biography

Kevin is a creative and practical advocate who helps clients in all manner of intellectual property disputes. As an engineer at heart, Kevin believes in finding concrete and efficient solutions to problems. Kevin has represented numerous clients, big and small, in a wide variety of sectors including pharmaceuticals, biologics, oil &gas, telecommunication, software, video gaming, entertainment, consumer products, and construction.

Kevin has substantial trial and appeal experience, and has appeared before the Federal Court, Federal Court of Appeal, Ontario Superior Court, the British Columbia Court of Appeal, and the Patent Appeal Board. Kevin’s litigation work is supported by an understanding of business and technology, having gained industry experience at an engineering consulting firm and at a start-up company as a software developer.

Additionally, Kevin has an active practice in trademark prosecution, oppositions, and portfolio management. He also has experience in drafting patents, obtaining trademark registrations, trademark oppositions and expungement, and negotiating intellectual property agreements.

During law school, Kevin was an award-winning mooter. He represented the University of Toronto and won awards at the Oxford International Intellectual Property Moot and the Harold G. Fox Intellectual Property Moot. He also honed his advocacy and leadership skills during his undergraduate days as the President of the University of Toronto Engineering Society.

Kevin has been recognized three times as a "Rising Star" in Canada by Managing Intellectual Property.

*Practicing as Kevin P Siu Professional Corporation

Education

University of Toronto Faculty of Law

J.D., 2014

University of Toronto Faculty of Applied Science and Engineering

B.A.Sc. (Engineering Science) (Hons.), 2011

Major: Infrastructure Engineering

Representative Cases

  • Nintendo of America, Inc v King, 2017 FC 246
  • Otsuka Pharmaceutical Co, Ltd v Apotex Inc, Federal Court T-200-17
  • Boehringer Ingelheim Canada Ltd v Apotex Inc, Federal Court T-817-16
  • AstraZeneca Canada Inc v Apotex Inc, 2018 FC 181
  • AstraZeneca Canada Inc v Apotex Inc, 2018 FC 185
  • Trade Secrets PI Inc v Beauty Express Canada Inc, Federal Court T-875-17
  • Crude Solutions Ltd v MEG Energy Corp, 2020 FC 759
  • Fresenius Kabi Canada Ltd. v. Canada (Health), 2020 FC 1013
  • Gilead Sciences, Inc. v. ViiV Healthcare Company et al. 2020 FC 486
  • Gilead Sciences, Inc. v. ViiV Healthcare Company et al. 2021 FCA 122
  • Steelhead LNG (ASLNG) Ltd v ARC Resources Ltd, 2022 FC 998
  • Medexus Pharmaceuticals Inc v Accord Healthcare Inc, Federal Court T-1007-20

Representative Cases

  • Nintendo of America, Inc v King, 2017 FC 246
  • Otsuka Pharmaceutical Co, Ltd v Apotex Inc, Federal Court T-200-17
  • Boehringer Ingelheim Canada Ltd v Apotex Inc, Federal Court T-817-16
  • AstraZeneca Canada Inc v Apotex Inc, 2018 FC 181
  • AstraZeneca Canada Inc v Apotex Inc, 2018 FC 185
  • Trade Secrets PI Inc v Beauty Express Canada Inc, Federal Court T-875-17
  • Crude Solutions Ltd v MEG Energy Corp, 2020 FC 759
  • Fresenius Kabi Canada Ltd. v. Canada (Health), 2020 FC 1013
  • Gilead Sciences, Inc. v. ViiV Healthcare Company et al. 2020 FC 486
  • Gilead Sciences, Inc. v. ViiV Healthcare Company et al. 2021 FCA 122
  • Steelhead LNG (ASLNG) Ltd v ARC Resources Ltd, 2022 FC 998
  • Medexus Pharmaceuticals Inc v Accord Healthcare Inc, Federal Court T-1007-20

Bar Admissions

Ontario, 2015

Canadian Intellectual Property Office - Trademark Agent, 2017

Publications

  • "Canada: SEPs and FRAND – Litigation, Policy and LatestDevelopments." IAM Media, 8 Dec. 2023, www.iam-media.com/hub/sepfrand-hub/2023/article/canada-seps-and-frand-litigation-policy-and-latest-developments.
  • "Canada: The New Frontier for Global IP Litigation," Managing Intellectual Property, August 2017
  • "Technological Neutrality: Toward Copyright Convergence in the Digital Age," University of Toronto Faculty of Law Review, Vol. 71, No. 2, 2013

Professional Associations

Ontario Bar Association

The Advocates' Society

Intellectual Property Institute of Canada