Doak Horne, LLB, P.Eng. (Mech. Eng.)
Doak Horne is an active partner in Gowling WLG's Calgary office, with over 25 years' experience in the area of intellectual property litigation and patent prosecution. He is a registered patent agent in both Canada and the United States, and is also a registered professional engineer in both Alberta and Ontario.
Doak has appeared as lead counsel in actions involving patent infringement and impeachment,trademark infringement and expungement and oppositions, and copyright infringement. He is further actively involved in the preparation, filing, and prosecution of patents, trademarks, and industrial designs for clients before the Canadian Intellectual Property Office and USPTO, as well as opining in clearance-to-use/freedom to operate matters, patent validity, as well as licensing matters and related contractual agreements.
Doak also has experience in the areas of trade secret litigation and passing off actions, as well as disputes involving ownership of intellectual property rights. Doak has appeared before all levels of the Federal Court, the Alberta courts, and the Ontario courts in matters relating to patents, trademarks, copyrights, industrial designs and related matters, including employment issues (breach of fiduciary duty) and contractual disputes.
Doak recently served as lead counsel to Excalibre Downhole Tools Ltd. et al.("the Excalibre parties") in two patent infringement actions before the Federal Court. The court dismissed the action against the Excalibre parties in the first action and allowed the Excalibre parties' claim against the opposing parties, Advantage Products Inc. et al., in the second action. Significantly, the judge directed that a reference be held to determine the quantum of the Excalibre parties' damages that arose from false allegations of patent infringement that were made in writing to the Excalibre parties' customers.
Doak is recognized as one of the Best Lawyers in Canada over the years 2006-2023, under the classification "Leading Lawyer in Intellectual Property Law," and was awarded the designation "Lawyer of the Year in IP Law" (Western Canada) by The Best Lawyers in Canada (2014).
A regular speaker at and contributor to Canadian Bar Association and Insight seminars on intellectual property, Doak has contributed various articles on similar subjects to trade and professional publications.
Doak practised for 12 years in the Gowling WLG Toronto IP group before transferring to the firm's Calgary IP department in 2000, where he has continued to practise since then.
Prior to beginning his career in law, Doak spent two years as a professional mechanical engineer in jet engine design with Pratt & Whitney Canada.
Doak is a member of the Canadian Bar Association (CBA), the Intellectual Property Institute of Canada (IPIC), the Law Society of Alberta, the Law Society of Ontario, the Association of Professional Engineers and Geoscientists of Alberta (APEGA), and the Professional Engineers of Ontario (PEO).