Bruce W. Stratton, Partner

Bruce has practiced exclusively in the field of intellectual property law since his call to the Ontario Bar in 1987. He is experienced in patent, trademark and copyright litigation with a particular emphasis on patent disputes concerning computer-related technology. Bruce is also a registered patent and trademark agent.
Recently, Bruce has represented both domestic and foreign clients in patent disputes in such areas as wireless communication protocols, e-mail systems, software systems, consumer products and oil and gas technology. He has been counsel in the Supreme Court of Canada in cases that have resolved fundamental issues of patent and trademark law. Bruce has a broad experience in litigating and advising on IP matters of all kinds. His technical background in computing science gives him a valuable perspective in cases involving computer and information technology.
Bruce has written and spoken on diverse topics such as the legal protection of computer technology and litigation in the Federal Court in Canada. He is author of the Annotated Patent Act (Thomson Carswell), and contributing author in Computer-Related Disputes in Intellectual Property Disputes: Resolutions and Remedies (Thomson Carswell). Bruce is a member of the Canadian Bar Association, the American Bar Association, the American Intellectual Property Law Association, iTechLaw,  the Advocates’ Society, and is a Fellow of the Intellectual Property Institute of Canada. Bruce has been described as a “hard-nosed” and “resourceful” litigator (Who’s Who Legal). He is ranked in Chambers Global Guide to the World’s Best Lawyers, in the worldwide IAM Patent Litigation 250, in Best Lawyers in Canada and is consistently recognized as both a litigator and an intellectual property practitioner in the Canadian Legal Lexpert Directory.  He is listed in the directory of leading litigators published by Benchmark as a “litigation star”. Bruce is also rated by Martindale Hubbell as BV® Distinguished™.
Prior to obtaining his LL.B. from the University of Toronto in 1985, Bruce obtained a B.Sc. in Computing and Information Science (First Class) from Queen’s University in 1981.


Selected publications and presentations:
Annotated Patent Act, Thomson Carswell (author)
"Moderator - Non-Practising Entities", University of Toronto Technology & Intellectual Property Conference, Feb 2012
"Amazon.com v. Commissioner of Patents - The Commissioner of Patents gets another 'kick at the can'", co-speaker, TIPG, Dec 2011
"The Weatherford Decision", IPIC Webinar, September 2011
"Using patents to gain competitive advantage while mitigating infringement", Federated Press 4th Patents as a Competitive Strategy, Toronto, June 2011
"US-Canada Patent Law", The Giles Sutherland Rich American Inn of Court (co-sponsored by ABA IP section & CBA national IP section), Washington D.C., May 2011
"Techniques of crossing the software expert", CBA Advocacy before the courts in IP matters: The art of cross examination, Ottawa, May 2011
"IP Update the Patent Update", IT.CAN Annual Conference, October 2010
Moderator of "Patent Remedy Quantification", 84th Intellectual Property Institute of Canada Annual Meeting, October 2010
"Achieving "Zen" During Discovery", CBA Advocacy in Intellectual Property Matters - Motions that Matter, Ottawa, May 2010
"Developments in International Patent Law", Federated Press - 3rd Patents as a Competitive Strategy, Toronto, May 2010
"Patent Law Update:  The Year in Review", Moderator IPIC Webinar, April 2010
"Damage quantification in patent litigation:  putting the "reasonable" in reasonable royalty rate determinations", Nera Economic Consulting, Toronto, Dec 2009
"Patenting sofware:  still crazy after all these years", The Lawyers Weekly, Nov 2009
Moderator of "Copyright:  Fair Dealing and File Sharing in a Post-Robertson World", IPIC Webinar, Oct 2009
"Issues impacting open source software", Federated Press Internet Law Conference, December 2008
"The value of patent rights: are patent rights currently being eroded or enhanced", Intellectual Property Institute of Canada Annual General Meeting, October 2008
"Lego v Mega Bloks in the Supreme Court of Canada: ephemeral Rights in toy bricks", INTA Trademark Reporter, May 2006 (co-author)
"Leading IP cases", Canadian Bar Association Annual General Meeting 2006
"Functionality in trade-marks", New York State Bar Association, October 2006

 

Primary practice areas:

Intellectual property litigation

T 647.288.9525
F 416.971.6638
E bstratton@*please delete*dimock.com

 

Selected cases:

Weatherford Canada Ltd. v. Corlac Inc. (2011 FCA 228)

Easton Sports Canada Inc. v. Bauer Hockey Corp. (2011 FCA 83)

Free World Trust v. Electro Santé Inc. (SCC File No. 26406)

Wi-LAN Inc. v. Cisco Systems Inc. (T-1201-04)

Nielsen Media Research v. BBM

Research In Motion Limited v. Visto Corporation (T-1105-06)

Black & Decker Corp. v. McKinnon (T-744-07)

Suncor Energy Inc. v. MMD Design and Consultancy Limited (T-1001-07)

Kirkbi AG v. Ritvik Holdings Inc. (SCC File No. 29956)

Thomas & Betts, Ltd. v. Panduit Corp. (A-352-97/T-1415-96)

Kun Shoulder Rest Inc. v. Joseph Kun Violin and Bow Maker Inc. (T-118-97)

Procter & Gamble Inc. v. Clarion Trading International (T-1198-96)

Guccio Gucci S.p.A. v. Silvert (T-1380-87)

BMG Canada v. John Doe (T-292-04)