Christopher C. Van Barr

Representative Work

Chris has appeared as lead trial counsel and appeal counsel on numerous cases before the Federal Court of Canada, Federal Court of Appeal, Ontario Court, and Ontario Court of Appeal. A sample of cases includes:

• Regeneron and Bayer - Counsel for Regeneron and Bayer against Amgen, Apotex, Teva, Sandoz and other biosimilars in patent litigation over the blockbuster drug EYLEA.
• OpenAI - Counsel for OpenAI in multiple AI-related copyright litigation cases commenced by major Canadian media companies, as well as cases commenced by proposed class action plaintiffs, across Canada.
• Databricks - Counsel for OpenAI in AI-related copyright litigation against several plaintiffs in various provinces in Canada.
  
• Paid Search Engine Tools, LLC v. Google Canada Corporation (2021) FC 1435: trial counsel in patent case involving Google Ads (counsel for Google)
• Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey) (T-311-12): trial counsel in trademark case involving Window Design trademark [counsel for Sport Maska (CCM)]
• International Control Systems, LLC et al. v. Haier America Trading LLC (Fed. Ct. T-1654-11): patent case involving automatic volume levellers for televisions (counsel for Haier)
• Sirific Wireless Corporation v. Leonard MacEachern (Ont. Ct.01-CV-221390CM 3): inventorship case involving virtual local oscillator technology for wireless communications (counsel for Sirific)
• Car-Ber Investments Inc. et al. v. Eastcoast Maintenance Services Limited (Fed. Ct.T-1502-09): patent case involving isolation and test plugs for petro-chemical industry (counsel for Eastcoast)
• Blackboard Inc. v. Desire2Learn Incorporated (Fed. Ct. T-655-09): patent case involving e-learning software (counsel for Desire2Learn)
• Nuance Communications, Inc. et al. v. Zi Corporation (Fed. Ct. T-1324-08): patent case involving software for text messaging (counsel for Zi)
• Fred Dufresne v. Central 1 Credit Union (Fed. Ct. T-855-08): patent case involving dynamically-generated Web pages and state-based client-server sessions (counsel for Central 1)
• INO Therapeutics LLC et al. v. Vitalaire Canada Inc. (Fed. Ct. T-102-08): patent case involving use of nitric oxide as vasodilator (counsel for INO Therapeutics)
• JAY-LOR Fabricating Inc. v. Lucknow Products (Fed. Ct. T-1958-07): patent case involving vertical feed mixers (counsel for JAY-LOR)
• JDS Uniphase Inc. v. Metconnex Canada Inc. (Ont. Ct. 05-CV-31805): trade secret case involving wavelength selective switches and microelectromechanical systems (counsel for JDS Uniphase)
• Takeda Canada Inc. v. Canada (Health), 2013 FCA 13 (FCA): trial and appeal counsel for Takeda addressing first interpretation of "variant" in Data Protection Regulations re: dexlansoprazole.
• ABB Technology AG v. Hyundai Heavy Industries Co., Ltd.,2013 FC 1050 (FC): trial and appeal counsel for patentee ABB re: electrical switchgear
• Bayer Inc. v. Cobalt Pharmaceuticals Company, 2013 FC 573 (FC): counsel for Bayer against multiple generics regarding drospirenone
• Mövenpick Holding AG v. Exxon Mobil Corporation, 2013 FCA 6 (FCA): trial and appeal counsel for Exxon against Movenpick re: trademark MARCHE EXPRESS.
• Bauer Hockey Corp. v. Easton Sports Canada inc., 2014 FC 853 (FC): counsel for Reebok-CCM re: intervention
• Counsel for Bayer BioScience N.V. in multi-party actions to determine who was entitled to a patent on an invention on some of the earliest plant genetic engineering work, in relation to one of the last patent conflicts in Canada since Canada changed to a first to file system
• Apotex Inc. v. Takeda Pharmaceuticals America et al., CV-09-391938: counsel for Takeda Pharmaceuticals in ongoing s.8 damages claim brought by Apotex
• Eli Lilly Canada Inc. v. Novopharm Limited (2009), 80 C.P.R. (4th) 391 (FC): counsel for Eli Lilly defeating Novopharm's motion to dismiss Eli Lilly's application regarding Form II olanzapine
• Bridgeview Manufacturing et al. v. Duratech et al., 2010 FCA 188 (FCA): counsel for Bridgeview Manufacturing at trial and appeal upholding patent validity involving agricultural machinery
• Raymor Industries Inc. et al. v. National Research Council of Canada et al.( 2008), 70 C.P.R. (4th) 216 (FC): counsel for National Research Council defeating Raymor's motion for summary judgment.
• Jay-Lor International Inc. v. Penta Farm Systems Ltd. (2007), 59 C.P.R. (4th) 228 (FC): trial counsel for Jay-Lor obtaining judgment for Jay-Lor for patent infringement and damages
• Calgon Carbon Corp. v. Trojan Technologies, (2006), 56 C.P.R. (4th) 281 (FC): trial counsel for Trojan Technologies successfully defending Trojan from claims of patent infringement
• Adobe Systems Incorporated, Autodesk, Inc, Symantec Corp v. Capmatic Ltd., Fillab, Inc. Pharmavigor Inc. et al., (2005), T-665-05 (FC): counsel for Adobe, Autodesk, and Symantec on successful Anton Pillar motion
• Stonehouse v. Batco Manufacturing Ltd. et al. (2004), 38 C.P.R. (4th) 105 (FC): trial counsel for Batco Manufacturing successfully defending Batco from claims of patent infringement
• Carbo Ceramics Inc. v. China Ceramics Proppant Ltd. (2004), 34 C.P.R. (4th) 423; affirmed (2004), 34 C.P.R. (4th) 431 (FCA): motion and appeal counsel for Carbo Ceramics obtaining interlocutory judgment against China Ceramics preventing the manufacture, use and sale of ceramic proppant