Brian W. Gray
Senior Partner, Lawyer, Patent Agent, Trade-mark Agent
Brian Gray practises litigation and dispute resolution for patent, copyright, trade-mark, entertainment and advertising matters. He counsels and represents clients with large patent and trade-mark portfolios and has appeared before the Federal and Ontario courts on patent, trade-mark and copyright matters.
His experience includes parallel imports and grey market trade-mark cases, copyright authorship and ownership disputes in the motion picture industry, trial and appeal of patent infringement cases, brand name pharmaceutical patent litigation and notice of compliance cases, inventorship claims and patent disputes in the academic sector, trade secret cases, television and motion picture co-production and financing, technology transfer and patent licensing, patent drafting and patent opinions, patent and trade-mark portfolio management and counselling, and advertising litigation and counselling.
Prior to joining our Toronto office, Mr. Gray was a partner at another major law firm in Toronto.
Year of call
Year of registration
Canada (patents) 1980
United States (patents) 1980
Canada (trade-marks) 1979
LL.B., University of Toronto, 1977
M.A., Government, Cornell University, 1974
B.A., Chemistry and History, Cornell University, 1971
Selected client work
Mr. Gray’s client work includes:
- Acting as Canadian counsel to Nortel for patent matters in connection with its multijurisdictional insolvency proceedings, including its agreement to sell its global Carrier VoIP and Application Solutions (CVAS) business to GENBAND and the sale of its optical networking and Ethernet businesses to Ciena and its enterprise solutions business to Avaya
- Recent experience litigating as lead counsel for financial institutions on business method patents and business software (Amazon case) and as lead counsel for the Bank of Nova Scotia in the DataTreasury case involving multimillion dollar claims against Canadian banks, and advising on policy issues relating to business method and software patents.
- Copyright authorship and ownership disputes for major motion picture studios; motion picture and television co-production and financing
- Trial and appeal of patent infringement cases for a major forest machinery company
- Brand name pharmaceutical patent litigation and notice of compliance cases
- Inventorship claims and patent disputes for one of Canada’s leading universities
- Trade secret cases for a graphic chip manufacturer
- Technology transfer and patent licensing; patent drafting and patent opinions
- Patent and trade-mark portfolio management and counselling, grey market cases
- Advertising litigation and counselling
Rankings and recognitions
- Best Lawyers in Canada, 2012-2015 – Biotechnology Law, Intellectual Property Law
- Chambers Global: The World’s Leading Lawyers for Business, 2011-2015: Intellectual Property
- Who’s Who Legal, Canada 2014: Life Sciences, Patents and Trademarks
- Canadian Legal Lexpert Directory, 2012-2014 – recommended in Intellectual Property
- Benchmark Canada, 2012-2013 – recognized as a local litigation star in Ontario
- World Trademark Review, 2013 – expert in enforcement and litigation
- Guide to the World's Leading Trade Mark Law Practitioners, 2012
- The International Who's Who of Life Sciences Lawyers, 2012-2013
- The International Who's Who of Patent Lawyers, 2012-2013
- The International Who's Who of Trademarks Lawyers, 2011-2013
- Recognized as one of the top trade-mark lawyers in Canada in The Best of the Best 2011
- PLC Which lawyer?, 2011 – IP: non-patent litigation; Life sciences: patent litigation
- Guide to the Leading 500 Lawyers in Canada
- Global Counsel 3000
- Managing Intellectual Property
Memberships and activities
- World Intellectual Property Organization
- International Trade-mark Association
- Trademark Mediators Network, Panel of Neutrals
- Joint Copyright Committee, Canadian Bar Association and Intellectual Property Institute of Canada
- Intellectual Property Institute of Canada
- Ministerial science advisory committee
- International Bar Association
- Former Chair, Intellectual Property Committee
- Canadian Chamber of Commerce Arbitration Panel
- Editorial board, World Intellectual Property Report
- Editorial board, Federated Press Intellectual Property Quarterly
- Editorial board, World E-Commerce Report
- Editorial board, Trade-Mark Reporter
- Lecturer, patent and trade-mark law, University of Toronto
- Lecturer, copyright law, McGill University
- Director, IT.Can, the Canadian IT Law Association
- Director, technology transfer company of one of Canada’s major universities
- Past director, technology network of one of Canada’s major research universities
This annual conference highlights the most recent and significant developments in Canadian and international IT Law.
October 26 - 27, 2015 | Toronto, ON, Canada
Join Kevin Ackhurst, Brian Gray and Randy Sutton for a discussion on current issues in advertising and marketing..
Wednesday, December 4, 2013 - Toronto
Bill C-8, the Combatting Counterfeit Products Act received Royal Assent on December 9, 2014..
December 12, 2014
In a recent summary judgement decision, the Federal Court of Canada decided that the Federal limitation period of six years applied to this trade-mark infringement..
July 23, 2014
Brian Gray successfully defended director James Cameron in a lawsuit by a Vancouver man who claimed the movie Avatar used material from his own original screenplay..
March 20, 2014
Brian Gray comments on the decision by the Supreme Court to end certain fees for music and videogames downloaded from the Internet..
July 13, 2012