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David Reive
Partner
David has been practicing intellectual property litigation for over 30 years. David has litigated patent infringement cases dealing with diverse areas of technology, including agricultural chemicals, oil field equipment, flooring products, medical devices, pharmaceuticals, and automotive control systems. David has also litigated trademark and copyright cases, in industries such as food products, footwear, fabric and apparel, benefits programs, software, and jewelry.
Prior to joining Sprigings Intellectual Property Law, David was a partner at a national law firm, where he was leader of the intellectual property group from 2015 to 2022. David has spoken extensively on many issues related to patent litigation and pharmaceutical patents.
Education
- B.Sc., Chemical Engineering, Queen’s University
- M.A.Sc., Chemical Engineering, University of Ottawa
- LL.B., Osgoode hall law School, York University
Bar Admission
- Ontario, 1992
Recognition
- In Intellectual Property Magazine’s IAM Patent 1000 - The World’s Leading Patent Practitioners and in World Trademark Review’s WTR 1000 - the World's Leading Trademark Professionals.
- Listed in Best Lawyers of Canada for both Biotechnology Law and Intellectual Property Law.
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My recent cases
Action under the new Patented Medicines (Notice of Compliance) Regulations regarding Patent Nos. 2,652,442 and 2,771,403 (lenvatinib).
Actions under the new Patented Medicines (Notice of Compliance) Regulations regarding Patent No. 2,861,480 (trifluridine/tipiracil hydrochloride).
Actions under the new Patented Medicines (Notice of Compliance) Regulations regarding Patent Nos. 2,861,480; 2,914,999 and 2,985,006 (trifluridine/tipiracil).
Counsel to defendants in patent infringement action relating to use of imazamox herbicides regarding Patent No. 2,447,445.
Counsel to respondent trademark owner in expungement proceedings regarding trademark TMA822855. Successfully applied for dismissal of proceeding due to undue and inexcusable delay (2024 FC 579).
Action under the new Patented Medicines (Notice of Compliance) Regulations regarding Patent No. 2,606,282 (dolutegravir).
Counsel to defendants in trademark infringement and passing off action relating to agricultural products regarding trademark TMA483211. Settled on favourable terms.
Counsel to defendants in patent infringement action relating to laminate flooring regarding Patent Nos. 2,522,321, 2,226,286, 2,410,206, and 2,475,076.
Counsel to the opponent in trademark opposition relating to industrial equipment. Successfully opposed registration of mark (2023 TMOB 64).
Counsel to trademark owner in expungement proceedings. Successfully maintained marks (2023 TMOB 43; 2023 TMOB 44; 2023 TMOB 45).
Action under the new Patented Medicines (Notice of Compliance) Regulations regarding Patent No. 2,472,399, 2,590,511 and 2,703,598 (sacubitril/valsartan)
Action under the new Patented Medicines (Notice of Compliance) Regulations regarding Patent Nos. 2,731,370 and 2,764,475 (selexipag).
Counsel to the defendants in patent infringement action relating to control system for lift axles on vehicles regarding Patent No. 2,756,470. Settled shortly before trial on favourable terms.
Counsel to defendants in copyright infringement proceeding. Proceeding dismissed (2019 FC 1199).
Counsel to appellant in appeal of judgment of patent infringement. Successful on appeal and matter remitted to trial judge for re-determination in accordance with appeal reasons (2018 FCA 140). Matter subsequently settled.
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