Christopher C. Van Barr

Christopher Van Barr is among Canada's most experienced and sought-after intellectual property litigators. He has represented some of the world's largest and most innovative companies, such as Bayer, Google, Takeda, as well as institutions such as Canada's National Research Council, in the most complex of high-stakes patent, PM(NOC), trademark and trade secret cases. Chris is recognized for his first-chair trial and appeal expertise and strategic foresight. In numerous independent surveys, Chris' clients note: "He's got great strategy", "He's our go-to guy for very complex litigation", "He is a great team leader".

Chris was named IP Litigator of the Year in 2017 and 2014 by Managing Intellectual Property, and was again shortlisted for the award in 2022.  Year after year, Chris is listed in the Lexpert Directory, Chambers Global, MIP IP Stars, The Legal 500, IAM Patent 1000, Expert Guides, and received the Best Lawyers 2020 Intellectual Property Law Lawyer of the Year award in Ottawa. In 2021, he was similarly recognized in the field of Biotechnology Law by Best Lawyers.

Chris is the former Canadian leader of Gowling WLG's Intellectual Property Litigation and Strategy Group and presently sits as a Trustee on Gowling WLG's national Board of Trustees.

Outside the Court, Chris provides strategic advice on the enforcement of intellectual property rights and the coordination and management of litigation strategies throughout multiple jurisdictions around the world. Chris has also served the broader community, acting as an adjunct professor of patent and trade secret law for eight years at the University of Ottawa, sitting as a long-time member of the Federal Court Judges' IP Users' Committee and serving as Chair of the Canadian Bar Association's Court Practice Committee. He is presently a Canadian member of the AIPPI Enforcement Committee. Chris has been a registered patent agent since 2000.

Associations professionnelles

  • Canadian Bar Association (Courts Practice Committee)
  • Federal Court IP Users Committee
  • Intellectual Property Institute of Canada
  • The Advocates' Society

Chris is a former adjunct professor at the University of Ottawa where he taught Advanced Patent Law. He is frequently invited to speak on IP issues and has delivered papers at conferences organized by the Canadian Institute, Law Society of Upper Canada, Infonex, and the Intellectual Property Institute of Canada, among others.

On April 12, 2012, Chris participated in the Gowlings seminar 'Everything You Wanted to Know About Software and Business Method Patents but Were Afraid to Ask,' based on a book he co-authored.

Mandats représentatifs

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:

  • 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 [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