reported decisions
John Koch

Patents

Wolfe v. Wyeth
Representing a research-based pharmaceutical company in defending claims in Canada and elsewhere by a retired university professor over the inventorship of a patent application in the field of hormone replacement therapy.

PPIC v. Pure Technologies
Lead counsel to a Canadian developer of electromagnetic inspection equipment in pursuing and defending patent infringement claims in Canada and the U.S.

Quadco Equipment v. Timberjack Inc.
Co-counsel for the successful defendant in a patent infringement action concerning tree felling equipment reported at 17 C.P.R. (4th) 224 (Fed. T.D.).

Unilever Plc v. The Procter & Gamble Company
Co-counsel for P & G in a complex patent infringement damages reference relating to sales of fabric conditioners in Canada from 1977 to 1994.

Copyright

Sabre Inc. v. Lufthansa Systems AG
Lead counsel to a German systems outsourcing organization in defending claims of copyright infringement in relation to passenger travel databases.

Lotek Wireless Inc. v. Grant Systems Engineering Inc.
Litigation counsel to the industry leader in the field of fish and wildlife tracking technology in a claim against a competitor for copyright infringement in relation to a dataset of coded radio signals.

CinCom Systems v. The Boeing Company
Lead counsel to a manufacturing company in defending a claim of copyright infringement in relation to business management computer software.

Trade-marks

Most Wanted Entertainment v. Hilary Duff
Lead counsel in defending a musician against a trade-mark infringement action including successfully resisting a motion to enjoin a Canadian concert tour.

Terra Nova Shoes v. Loblaws Inc.
Lead counsel on behalf of a retailer in defending a claim of trade-mark infringement with respect to a line of house branded footwear

Various
John has advised a range of trade-mark owners, including United Parcel Service of America Inc., Loblaws Inc., H2O Plus, LP, and many others in respect of contentious trade-mark proceeding including infringement actions, opposition proceedings and overall portfolio management.

Trade Secrets and Confidential Information

OptiMight Technologies, Inc. v. Innovance Inc.
Lead counsel in proceedings to obtain discovery, including of allegedly misappropriated trade secrets from the new employer of a former key employee of a high technology company (reported at 18 C.P.R. (4th) 362 (Ont. C.A.)

ATI Technologies Inc. v. Henry
Co-counsel in successfully resisting the introduction of The U.S inevitable disclosure doctrine in a Canadian trade secrets case reported at (2000), 5 C.C.E.L. (3d) 101 (Ont. S.C.)

Various
Represented numerous insurance companies in connection with disputes with brokers, agents and program sponsors over ownership and restrictions on use of customer lists and client data.

Distribution and Licensing

Ford Motor Company
Advised Ford on the restructuring of its co-development and licensing arrangements with respect to vehicle fuel cell technology.

Vivitar Canada Inc. v. Vivitar International
Represented a Canadian distributor of cameras and accessories in connection with a dispute over early termination of a distribution agreement, including obtaining injunctions to maintain the distribution arrangement.

Ratiopharm v. AstraZeneca
Successfully resisted a motion for an injunction to require a research pharmaceutical company to license certain technology to a generic drug manufacturer.

Little Tikes Commercial Play Systems Inc. v. Paris Equipment Manufacturing Ltd.
Represented a developer of playground structures in enforcing a non-competition covenant against a former distributor.

Counterfeit and Grey Market Goods

LifeScan Inc. v. Butt
Represented a manufacturer of medical devices in Canadian proceedings to remove counterfeit products from the market in connection with a worldwide counterfeiting ring.

University of Notre Dame v. College Crew Online Inc.
Represented a U.S. university in enjoining the sale of counterfeit merchandise bearing the University’s official marks and trade-marks.

Advertising and Marketing

Various
Representing numerous consumer goods and services companies in responding to consumer and competitor complaints in Advertising Standards Canada disputes (due to the confidential nature of these dispute proceedings, no specific matters can be disclosed).

Media Law

CARE Canada v. Canadian Broadcasting Corporation
Counsel on numerous interlocutory motions and appeals for the defendants in a libel action involving issues of privilege over the reports of an ombudsperson and accounting practices of registered charities. Some of those motions and appeals are reported at (1998), 20 C.P.C. (4th) 149 (Ont. Gen. Div.); (1998), 61 O.T.C. 216 (Gen. Div.); (1998), O.J. 4271 (Div. Ct.); [1999] O.J. No. 1616 (Gen. Div. Master); and (1999), 175 D.L.R. (4th) 743 (Div. Ct.).

Hill v. Church of Scientology of Toronto
As an articling student, conducted legal research on behalf of the successful plaintiff in preparation for and through the course of trial in a libel action (trial decision reported at (1992), 7 O.R. (3d) 489). As a lawyer, researched and drafted factums for the Ontario Court of Appeal and Supreme Court of Canada relating to the constitutional issues raised on those appeals and argued procedural motions in the Supreme Court of Canada (Court of Appeal and Supreme Court of Canada decisions reported at (1994) 18 O.R. (3d) 385 and [1995] 2 S.C.R. 1130 respectively).

Various
Represented both plaintiffs and defendants in libel actions relating to issues, among many others, concerning computer altered photographs, corruption in foreign governments, and diplomatic relations between Canada and foreign governments.

Commercial Litigation

Region of Durham v. St. Paul Fire and Marine Insurance Company
Lead counsel on behalf of an insurance company in resisting an injunction application to require the company to continue to insure a multiparty comprehensive insurance pool for the municipalities in Durham Region.

Fasken Campbell Godfrey v. Seven-Up Canada Inc.
Co-counsel at trial and on appeal for the successful firm of solicitors in a professional negligence and fee collection action reported at (1997), 142 D.L.R., (4th). 456 (Gen. Div.) and 2000 CarswellOnt 89 (C.A.)

Roynat Inc. v. Kirkwood
Trial counsel for the plaintiff in a negligent misrepresentation action reported at (1996), 36 C.C.L.I. (2d) 173 (Ont. Gen. Div.). In October 1998 represented the respondent in the Ontario Court of Appeal. The Court of Appeal upheld the trial decision.

Canada Post Corporation
Acted for Canada Post Corporation in a broad range of corporate and litigation matters over a number of years. Together with a multi-firm team of lawyers, represented CPC before the Mediator-Arbitrator appointed pursuant to the Postal Services Continuation Act, 1997 to present the economic and financial model for a self-sustaining Crown corporation.

EdperBrascan Corporation
Co-counsel to EdperBrascan Corporation in defending a series of claims by the liquidators of a failed trust company relating to securities transactions. Those claims were ultimately dismissed by the Court.

Re Synthetic Baler Twine
Co-counsel for the successful applicant in one of the first private complainants before the NAFTA Binational Panel. The Panel sat in review of a decision of the Canadian International Trade Tribunal.

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