Biography
Tim Gilbert founded Gilbert’s LLP in 2001 after a decade working at two prominent Bay Street firms in Toronto. Through his leadership, Gilbert’s LLP has become and remains a leading litigation, advocacy, intellectual property, and commercial law firm that provides services to clients in Canada and the United States.
He has acted as lead counsel on some of Canada’s largest disputes in intellectual property, as well as public interest litigation. His practice focuses on innovation-driven industries, often exploring uncharted legal territory with an emphasis on high-stakes litigation. His litigation experience spans across industries, including pharmaceuticals, gaming, media, software, telecommunications, banking, oil & gas, and more.
Despite representing generic pharmaceutical manufacturers, he is one of the few advocates who also represents leading brand companies. Mr Gilbert has appeared in all levels of court in Canada, and has been admitted pro hac vice to numerous federal district courts in the United States.
His practice also includes representation of First Nation and Indigenous organizations. Mr Gilbert successfully prosecuted the Ontario Realty Corporation for failing to consult Indigenous interests in the sale of land. He has represented the Haudenenosaunee Development Institute, a delegate of the Haudenenosaunee Confederacy Chiefs Council, in disputes about Treaty rights and the lack of engagement by the Crown.
He also acts as an advisor to governments, universities, and non-profits, bringing his knowledge in intellectual property and related subjects to bear on important issues in technology, health, the arts, and government policy.
He is a leading advocate for change in IP policy, having appeared before Canadian and US legislators and administrative bodies such as the Food and Drug Administration (FDA), Health Canada, the U.S. Federal Trade Commission, the Canadian Competition Bureau, and at Parliamentary Committees.
Mr Gilbert has always played a role in civic affairs and matters of public interest. He was appointed as a foreign agent by the Province of Ontario in negotiating a historic agreement with the state of Michigan regarding cross-border waste shipment.
In late 2011 his key role in mediating the dispute between Occupy Toronto protestors and the City of Toronto was featured in Maclean’s magazine. Mr Gilbert was widely featured in Canadian national media as a champion of amateur hockey as lead counsel in the legal challenge over the ownership of the Stanley Cup. For the past three years, he has been the Chair of the Advisory Board for OCAD’s OnSight Gallery. He is the former Chair of the Design Exchange.
* Practicing as Timothy Gilbert Professional Corporation
Representative Cases
- Colossus (IOM) Ltd v DraftKings Inc: counsel to plaintiff on US patent infringement action and USPTO IPRs relating to technologies used in online betting apps.
- Haudenosaunee Development Institute v Metrolinx: counsel to HDI, a delegate of the Haudenosaunee Confederacy Chiefs Council, on multiple motions and emergency injunctions seeking to prevent the removal of historic trees at Osgoode Hall.
- 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 a long-standing land treaty dispute based on the 1784 Haldimand Proclamation and Treaty 18 and 19, among other rights.
- Fresenius Kabi v Minister of Health: represented Fresenius Kabi in a judicial review of Health Canada’s decision interpreting the patentee consent requirements in the PMNOC Regulations, resulting in a new statutory interpretation in favour of Fresenius Kabi and approval of adalimumab biosimilar (IDACIO).
- Gilead Sciences, Inc. v. ViiV Healthcare Company: counsel to Gilead Sciences in patent litigation involving Gilead’s bictegravir (BIKTARVY) drug product, resulting in a favourable finding of non-infringement in the first contested patent summary trial in Canada.
- Wi-LAN Inc v Bell Mobility, Rogers Communications, and Telus Communications: counsel to Wi-LAN in patent infringement actions involving standards-essential patents on wireless communication technologies and potential FRAND remedies.
- Wi-LAN Inc v LG Electronics et al: counsel to Wi-LAN in patent infringement action involving standards-essential patents on wireless communication technologies and potential FRAND remedies.
- Safe Gaming System Inc v Atlantic Lottery Corp: counsel for patentee in a patent infringement action over technologies used in gaming machines.
- Bayer v Pharmaceutical Partners of Canada: represented PPC (now Fresenius Kabi) on PMNOC proceedings relating to moxifloxacin (AVELOX) including successfully striking one patent from the application on a novel motion to strike.
- Eli Lilly v Mylan: counsel to Mylan on multiple applications and appeals relating to celecoxib patents under the PMNOC Regulations.
- Halliburton v BJ Services and Sanjel: counsel to Halliburton Energy Services in a cross-border oil & gas patent litigation matter relating to wellbore technology for shale gas production.
- DataTreasury v Canadian Chartered Banks: Canadian counsel in patent litigation against multiple large Canadian banks revolving around digital cheque processing technology.
- Research in Motion Ltd (RIM) v Visto Corporation: led multi-jurisdiction patent litigation involving specialized wireless technology resulting in favourable settlement.