Kenneth Hanna’s Selected Cases

Patents

  • 1132734 Alberta Ltd. d.b.a. Alta Injection Molding ats Canplas Industries Ltd. (T-1454-15); Airtrun Products Inc. and Merit Precision Moulding Limited ats Canplas Industries Ltd. (T-366-11 consolidated with T-719-14);
    • Lead counsel for Airturn Products and its manufacturers in an alleged patent infringement action relating to roof vents resulting in successful settlement.
  • Cascade Corporation v. Kinshofer GmbH and Kinshofer Liftall Inc. (T-2204-14)
    • Lead counsel in the first ever Federal Court summary trial proceeding on a patent infringement matter (relating to quick couplers for industrial equipment).
  • Evolution Technologies Inc. v. Human Care Canada Inc. (T-2497-14); Evolution Technologies, Inc. v. Drive Medical Canada Inc. (T-1159-13); Evolution Technologies Inc. v. AMG Medical Inc. (T-1448-12); and Evolution Technologies Inc. ats Human Care Canada Inc.(T-1556-12);
    • Lead counsel and successful representation of Evolution Technologies in respect of various patent actions relating to rollators (rolling walkers).
  • Clio USA, Inc. ats The Procter & Gamble Company and Procter & Gamble Inc. (T-442-13)
    • Lead counsel to Clio USA in respect of alleged patent infringement action relating to dental whitening stripes. Successful settlement reached.
  • Anvil International, LLC, Mueller Canada Ltd. and Mueller Water Products, Inc. ats Victaulic Company and Victaulic Company of Canada ULC (T-1244-13)
    • Lead counsel to Anvil et al. in Canada in respect of patent infringement allegations relating to pipe couplings. Coordination with US counsel in respect of parallel litigation and successful re-examination proceedings.
  • KWH Pipe (Canada) Ltd. et al. v. Ideal Pipe et al. (T-2230-12)
    • Lead counsel to KWH Pipe and successful resolution of patent infringement action relating to extrusion moulded piping.
  • Fiber Optic Designs, Inc. v. Costco Wholesale Canada Ltd. and Wal-Mart Canada Corp./La Compagnie Wal-Mart Du Canada (T-1841-11)
    • Lead counsel to Fiber Optic in respect of patent infringement relating to one-piece Christmas light designs. Coordination with US counsel in achieving successful global settlement for client.
  • Throttle Control Tech Inc. v. Precision Drilling Corporation, Precision Drilling Limited Partnership, Precision Drilling Trust, Victory Rig Equipment Corporation and Trinidad Drilling Ltd. (T-862-10)
    • Lead counsel for Throttle Control in respect of patent infringement relating to “snubbing” for use in oil well drilling. Successful resolution for client.
  • Buckman Laboratories Inc. and Buckman Laboratories of Canada, Ltd. v. Ciba Specialty Chemicals Corp., Ciba Specialty Chemicals Water Treatment Limited and Ciba Specialty Chemicals Canada Inc. (T-1736-07); Buckman Laboratories of Canada, Ltd. and Buckman Laboratories International Inc. ats Ciba Specialty Chemicals Canada Inc. v. (T-1714-03)
    • Successfully represented Buckman et al. in patent matters relating to the manufacture of paper.
  • j2 Global Communications Inc. and Catch Curve Inc. v. Protus IP Solutions Inc. (T-139-06)
    • Lead counsel and part of a global team in respect of multi-national patent and trademark infringement matters, with successful representation of j2 Global and Catch Curve on patent infringement actions in Canada relating to value-added messaging and communications, resulting a $213 million acquisition.
  • Yangaroo Inc. ats Destiny Media Technologies, Inc. and Destiny Software Productions, Inc. (T-413-06)
    • Lead counsel to Yangaroo in respect of patent infringement matter relating to business to business distribution of media through the internet.  Successful resolution by settlement.
  • Ronald Harrison and Carolina Mat Incorporated v. Sterling Lumber Company (T-2058-05); Ronald Harrison and Carolina Mat Incorporated v. Swamp Mats Inc. (T-2099-05)
    • Lead counsel to Carolina Mat et al. in respect of patent infringement matters relating to the manufacture of “road mats” for use in association with heavy industrial equipment in the oil field.
  • Brasscorp Ltd. d.b.a. Cliplight Manufacturing Company ats Uview Ultraviolet Systems Inc. (T-824-04)
    • Counsel to Uview Ultraviolet in respect of patent infringement action relating to use of tool for injecting dye into air conditioning units for automobiles to detect leaks. Matter settled on appeal.
  • Dynamic Fuel Systems Inc. ats Canadian Hydrogen Energy Company (T-1297-04)
    • Lead counsel and successful representation of Dynamic Fuel Systems Inc. in patent infringement involving electrolysis and hydrogen gas in internal combustion engines.
  • Biosig Instruments Inc. and Sears Canada Inc. ats Icon du Canada Inc. (T-694-03)
    • Lead counsel and successful representation of Icon in having a statement of claim for alleged patent infringement dealing with electronic circuitry in fitness equipment, dismissed with costs.
  • Techflow Design & Manufacturing Inc. v. Alpha Marathon Technologies Inc., Dual Spiral Systems Inc. and Rafael J. Castillo (T-1052-03)
    • Lead counsel and successfully defence of Dual Spiral Systems Inc. and Rafael J. Castillo in an alleged patent infringement action in respect of machinery design for plastic extrusion products whereby the Plaintiff’s claim was dismissed with costs.


Trademarks & Breach of Confidence

  • Mondo Foods Co. Ltd. v. Agri-Mondo Inc. et al.  (T-1418-16)
    • Litigation counsel to Mondo Foods in Canada in relation to past and present MONDO trademark infringement matters in Canada.
  • P.K. Overseas (P) Ltd. ats KRBL Limited (T-1188-15)
    • Lead counsel to P.K. Overseas in respect of ongoing trademark and copyright matters in Canada.
  • Computer Programs and Systems Inc. et al. ats Evident Inc.  (T-1801-15)
    • Lead counsel to CPSI et al. in Canada in respect of ongoing parallel litigation in the USA relating to alleged trademark infringement matter.
  • Mueller Water Products et al. ats ITET Corp. et al. (CV-13-489853)
    • Lead counsel to the Mueller group of companies in respect of an ongoing alleged breach of confidence action.
  • Mastronardi Produce Ltd. v. Lakeside Produce, Inc. (T-1090-15)
    • Lead counsel for and successful representation of Mastronardi in respect trademark matters in Canada including coordinating parallel US/Canadian litigation.
  • Pharmafreak Holdings Inc. and Pharmafreak Technologies Inc. v. 517255 B.C. Inc. et al. (T-1486-13); Pharmafreak Holdings Inc. and Pharmafreak Sciences Inc. v. Redtagnutrition.com et al. (T-306-13)
    • Lead counsel for Pharmafreak companies in respect of various successful FREAK trademark enforcement matters in Canada.
  • 511 Foods Ltd. v. Microflex Corporation (T-1862-13)
    • Lead counsel to 511 Foods relating to its HY FIVE trademark and design. Successful resolution by settlement.
  • McDonnel Hayes Limited ats Soda & Tonic Inc.  (CV-12-458481)
    • Lead counsel to McDonnel Hayes and successful representation of same in respect of alleged trademark infringement matter whereby interlocutory injunction application and action dismissed against McDonnel Hayes with costs.
  • Molly Maid International Inc. v. Bradley Enns d.b.a. Canada Maid Service et al. (T-1714-10)
    • Lead counsel and successful representation of MOLLY MAID trademark matters in Canada.
  • Circa Inc. v. 3805913 Canada Inc. d.b.a. Circa Auctions et al. (T-1841-10)
    • Lead counsel to and successful representation of CIRCA trademark matters in Canada.
  • Indaco Manufacturing Ltd. ats Bag to Earth, Inc. (T-403-08)
    • Successful in representing Indaco in an alleged trademark infringement action in respect of its BAG TO NATURE trademark in Canada in association with biodegradeable and/or compostable plastic/biopolymer bags.
  • Drägerwerk AG & Co. KGaA and Draeger Safety Canada Ltd. v. Alcotest Quebec Inc. et al. (T-2088-08)
    • Successful representation of Drägerwerk at trial over the use of the registered trademark and neologism “ALCOTEST”.
  • Dynamic Fuel Systems Inc. (04-CV-271005CM1; 04-CV-278067 CM1; 08-CV-00354405-0000; 08-CV-367016; CV-08-360986)
    • Lead counsel and successful representation of Dynamic Fuel Systems in respect of various action including successful defence against interlocutory injunction and receipt of cost award of $65,000.00.
  • Edge Combat Fitness Inc., Combat Survival Inc. and Moni Aizik ats Krav Maga Enterprises, LLC. (T-1506-05)
    • Successful representation of the Defendants in a trademark action in respect of the term KRAV MAGA, with costs awarded to the Defendants’.
  • Solatube International, Inc. v. Distinctive Installs Inc. and Kevin Rintjema (T-2158-04 & 05-CV-291029 PD3)
    • Successfully enforced the Plaintiff’s rights in respect of its SOLATUBE trademark as against the Defendants in an action for trademark infringement, passing off and false and misleading statements under s.7(a) of the TMA.
  • Norwood Industries Inc. v. Scierie Mobile Gilbert Inc. and Jacques Gilbert (T-64-03)
    • Successfully represented the interests of Norwood Industries in respect of its NORWOOD trademark, as well as copyright infringement matters resulting in complete capitulation by the Defendants and cancellation of the Defendants’ trademark “Morewood”.
  • Clic Import Export Inc. v. Top Star Distribution Group Inc. et al. (T-2261-01)
    • Lead counsel and successful representation of Clic in various trade mark matters including Judgment and contempt against Top Star Distribution Group Inc. et al.


Copyright,  Industrial Design & Counterfeit Merchandising

  • Ultimate Drivers of Canada Inc. v. Oriented Drivers et al. (T-772-16)
    • Counsel to Ultimate Drivers in respect of copyright and trademark infringement matters relating to driver training.
  • Mitchell Repair Information Company L.L.C
    • Lead counsel to Mitchell on numerous trademark and copyright infringement matters.
  • Aviation World et al. ats Michael J. Culhane (T-1168-08)
    • Lead counsel to Aviation World et al. and successful representation of same in respect of alleged copyright infringement matter.
  • Shoestring Opera v. Lawrence Cotton and Greg Robic (07-CV-344211 PD3)
    • Lead counsel to and successful representation of Shoestring Opera dealing with musical and lyrical artistic copyright works.
  • Walter Kohlberger and Colonial Pillar Incorporated v. Heritage Casting and Ironworks Ltd., Alpha Foundry Inc. and Humberstone Woodworking Limited (T-1721-02)
    • Lead counsel to and successful representation of Humberstone against alleged Industrial Design infringement resulting in costs to Humberstone.
  • New Traditions Music v. Zeke’s Distribution Corporation, et al. (T-1952-02)
    • Lead counsel to and successful representation of New Traditions Music in a copyright infringement matters against numerous defendants.
  • Orion Pictures Corporation and Danjaq LLC; Fila Canada, Inc.; Phat Fashions LLC, Tornado Imports (Canada), Inc.; Rocawear Licensing LLC and Importation Nils, Ltd.
    • Lead counsel and successful representation in respect of the intellectual property interests of various brand manufacturers in trademark and copyright counterfeiting matters including the issuance and enforcement of anton pillar orders. Also acted as a Court appointed Independent Serving Solicitor at the request of a leading law firm in Toronto which represents a large portfolio of brand manufacturers.
  • Faud Nader ats. Active Images et al. (T-1981-00)
    • Lead counsel to and successful representation of Faud Nader in respect of copyright issue relating to fonts.

Letters Rogatory

  • Oticon, Inc. v. Gennum Corporation and Sound Design Technologies, Ltd. (CV-09-380918)
    • Successfully defeated Oticon’s motion to have letters rogatory endorsed by the Ontario Superior Court, thereby compelling Sound Design to disclose confidential and proprietary information in respect of an action in the United States to which Sound Design was not a party. Costs to Sound Design in the amount of $34,699.92.
  • American National Manufacturing, Inc. et al. v. Supreme Quilting (1970) Ltd. et al.
    • Successful application under s.60 of the Canada Evidence Act on behalf of American National Manufacturing, Inc. et al. for endorsement of Letters Rogatory from the District Court for the District of Columbia, U.S.A. in respect of a U.S. International Trade Commission Investigation.
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