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Brian W. Gray

Senior Partner, Lawyer, Patent Agent, Trade-mark Agent

Brian W. Gray


T:+1 416.216.1905

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.

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  • Education

    LL.B., University of Toronto, 1977
    M.A., Government, Cornell University, 1974
    B.A., Chemistry and History, Cornell University, 1971

  • Representative experience

    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 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

  • Admissions
    • Canada (patents) 1980
    • Canada (trade-marks) 1979
    • United States (patents) 1980
    • Ontario 1979
  • Rankings and recognitions
    • Chambers Canada, Nationwide: Intellectual Property, Chambers and Partners, 2018
    • Canadian Legal Lexpert Directory (2012-2017): recommended in Intellectual Property; Biotechnology
    • Chambers Global: Canada, 2011-2017: Intellectual Property
    • Best Lawyers in Canada (2010-2017): Biotechnology Law, Intellectual Property Law
    • The Legal 500, Canada (2016): Intellectual Property
    • Who’s Who Legal, Canada (2014-2015): Life Sciences, Patents and Trademarks
    • Benchmark Canada, (2012-2013): recognized as a local litigation star in Ontario
    • World Trademark Review (2013): expert in enforcement and litigation
    • 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)
    • Guide to the World's Leading Trade Mark Law Practitioners (2012)
    • The Best of the Best (2011): recognized as one of the top trade-mark lawyers in Canada
    • 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 
      • Arbitration panel
    • 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
      • Litigation Committee
    • 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