WWW.LEXPERT.CA
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2017
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LEXPERT 15
Desrosiers, Julie Fasken Martineau DuMoulin LLP
(514) 397-7516 jdesrosiers@fasken.com
Ms. Desrosiers is the leader of the Global Technology & Intellectual
Property group. She acts for high technology businesses in connection with
injunctions, seizures and procedures seeking to protect elements of their
intellectual property or their trade secrets and strategic information. Her
practice is primarily IP litigation, primarily in patent litigation regarding
pharmaceutical patents.
Deane, Robert J.C. Borden Ladner Gervais LLP
(604) 640-4250 rdeane@blg.com
Mr. Deane is the leader of BLG's International Trade and Arbitration Group
and co-leader of the Privacy and Data Protection Group. His practice
specializes in international and domestic commercial arbitration, commercial
litigation, privacy law, intellectual property litigation and advertising/
competition law. He is counsel in arbitration proceedings throughout North
America, Asia and Europe.
Dalphond, Pierre J. Stikeman Elliott LLP
(514) 397-3219 pdalphond@stikeman.com
Senior counsel in the Litigation Group. Former senior judge of the Québec
Court of Appeal, he provides strategic advice and acts as mediator and
arbitrator. Visiting Professor at Université de Montréal, Fellow of the
Chartered Institute of Arbitrators (London), member of the Court
of Arbitration for Sport, Member Arbitrator at Arbitration Place (Toronto)
and on the roster of ICC/ICDR Canada/AAA.
D'Silva, Alan L.W. Stikeman Elliott LLP
(416) 869-5204 adsilva@stikeman.com
Mr. D'Silva is a leading litigation lawyer in Canada with expertise in a number
of areas of law including defence of class actions, corporate/commercial
disputes, securities litigation, insurance litigation, professional negligence,
sports law and directors' and officers' claims. He has acted as counsel in
more than 200 publicly reported cases and has extensive experience at all
levels of court.
Curry, Tom Lenczner Slaght Royce Smith Griffin LLP
(416) 865-3096 tcurry@litigate.com
Recognized nationally as a leading trial and appellate counsel, Mr. Curry
has a long record of success in high-profile commercial litigation, class
actions, arbitrations, business disputes, administrative law, judicial review,
intellectual property and professional liability cases. He is a Fellow
of the American College of Trial Lawyers and the International Academy
of Trial Lawyers.
Creber, Anthony (Tony) Gowling WLG
(613) 786-0140 anthony.creber@gowlingwlg.com
Mr. Creber is a leading IP litigator who focuses on chemical, biological and
pharmaceutical patents. He appears regularly before the Federal Courts and
the SCC including the leading decision on novelty and obviousness (Plavix).
LEXPERT-RANKED LAWYERS
sits on the firm's board of directors. She praises
the decision for being fair to the parties. "What
we see from this decision is a willingness of the
court to find the best approach for a just and
equitable decision in the circumstances of the
case," she says.
Another aspect critics focused on was the fact
that Google is a third party that has not been
accused of wrongdoing, and yet it is the subject
of the injunction. But according to Ferron,
that's not a problem because it's not uncommon
for courts to order third parties such as ISPs to
identify an account owner or for companies like
PayPal to reveal the identity of a customer, says
Ferron. "In this case, Google did not dispute that
Equustek was suffering serious harm, and it was
not a great inconvenience for Google to fix the
problem," she says.
Google has now taken the case south of the
border to the US District Court for Northern
California in a bid to test the validity of the
Supreme Court of Canada ruling. It is arguing
that the Canadian court has overstepped its
jurisdiction and its order to de-index Datalink
websites globally goes against US protections of
freedom of speech.
One of the unusual aspects of the case was the
determination of the perpetrator. Datalink had
originally been a reseller of Equustek products
but later began producing counterfeit versions
sold under its own name. First, Equustek tried
to use the courts to force Datalink to desist, but
