Keith Bird

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Keith Bird is an experienced intellectual property (IP) lawyer with expertise in all aspects of IP including licensing, patent freedom to operate, infringement and validity opinions, due diligence, and regulatory matters. He advises and represents startups and established companies in complex patent prosecution and litigation matters.

Having worked as a research physicist, Keith has a deep understanding of a wide range of technologies. Clients appreciate his ability to break down complex intellectual property matters, and peers respect his success in helping clients build and protect valuable patent and trademark portfolios.

Keith assists clients in a range of industries including manufacturing, payments and fintech, and technology. His extensive experience encompasses matters relating to engine oil additives, mobile commerce applications, telecommunications security, television audience measuring devices, modular housing, pharmaceuticals, and oil patch and tar sand advancements.

As a seasoned litigator, Keith has been involved in disputes relating to patents, industrial designs, trademarks or copyright before Ontario’s Superior Court of Justice and Court of Appeal, as well as the Federal Court, the Federal Court of Appeal, and the Supreme Court of Canada.

A variety of legal directories have consistently recognized Keith as a leading IP lawyer, including Best Lawyers in Canada and the 2019 edition of Managing Intellectual Property’s MIP IP STARS.

Expertise

Industries

Practices

Intellectual Property

Representative Matters

Selected Patent Counsel Matters:

Andrew Robert England Kerr v. Laurence Shaw & Associates Limited, [2010] Case No: HC08 C02343
Scott Blair v. Attorney General of Canada and the Commissioner of Patents, Court File No.: T-1745-12
M & I Transfer Products Limited v. Mafna Air Technologies Inc., Court File No. T-1032-08
Scott Blair v. Attorney General of Canada and the Commissioner of Patents, Court File No. T-649-08
Tamglass Ltd. OY v. Horizon Glass & Mirror Ltd. et al., Court File No. T-1108-07
Scott Blair v. Attorney General of Canada and the Commissioner of Patents, Court File No. T-1176-06
Pitney Bowes Inc. et al. v. Neopost, S.A. et al., Court File No. T-1817-02
Nielson Media Research Inc. et al v. Taylor Nelson Sofres PLC and BBM Bureau of Measurement Court File No. T-2298-00
Accardis Systems, Inc. v. Transformix Engineering Inc., Court File No. T-1105-00
Colt Engineering Corporation et al v. UIL Inc. et al., Court File No. T-928-00
Dana Canada Inc. v. Lubrizol Corporation et al., Court File No. 00-CV-190003CM
Symtron Systems Inc. v. ICS International Code Fire Services Inc., Court File No. T-1244-99
Elkay Manufacturing Company v. Les Produits Thermo-Concepts Inc., Court File No. T-1939-98
Elkay Manufacturing Company v. Addico Products Inc., Court File No. T-1938-98
ONEAC Corporation v. Raychem, Court File No. T-484-97
Intellectual Property Developments Inc. et. al. v. Rogers Communications Inc. et. al., Court File No. T-2300-96
Halford et al. v. Seed Hawk Inc. et al., Court No. T-2406-93
Imperial Oil Ltd. et al. v. Lubrizol Corp. et al., Court File No. T-577-87

Speaking Engagements

Intellectual Property Ownership Issues - Lang Michener 5 O'clock Lecture Series

March 2003

Practicing Intellectual Property Law University of Toronto and Osgoode Hall Career Day

March 2003

Teaching Engagements

Adjunct Professor – Patent Law, Faculty of Law, University of Windsor, 2004 – 2010
Lecturer, Intellectual Property Institute of Canada’s Patent Agent Training Course – 2013 to present
Instructor, distance-learning component of the Intellectual Property Institute of Canada’s Patent Agent Training Course, 2010 to present

News

Rankings & Recognition

Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Intellectual Property Law
Listed in Managing Intellectual Property’s 2023 IP STARS Guide as a Patent Star
Recognized in the 2023 IAM Patent 1000 Guide as a “Bronze” lawyer in patent litigation
Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the area of Intellectual Property Law
Listed in Managing Intellectual Property’s 2022 IP STARS Guide as a Patent Star
Recognized in the 2022 IAM Patent 1000 Guide as a “Bronze” lawyer in the area of patent litigation
Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Intellectual Property Law
Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Intellectual Property Law
Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Intellectual Property Law
Listed in 2019 Managing Intellectual Property’s IP Stars – The Guide to the World’s Leading IP Firms and Practitioners
Recognized by Best Lawyers in Canada (2019) as a leading lawyer in the area of Intellectual Property Law
Martindale-Hubble Peer Review rated AV – Preeminent – 2013 to present
Listed in Best Lawyers in Canada as a leading practitioner in Intellectual Property Law 2016 to present
Selected as one of the world’s leading patent practitioners and included in the Guide to the World’s Leading Patent Law Practitioners by Legal Media Group/Managing Intellectual Property from 2007 – 2017
Finalist, Lexpert’s Rising Stars Top 40 Under 40 – 2007

Community Involvement

Captain and coach of Toronto Forest men’s competitive recreational soccer team – 1997 to present
Captain of O’Connor Hills inter-county B tennis team – 2008 – 2010; member of team 2005 – present

Education & Admissions

1999

Called to the Ontario bar

Registered Canadian and US Patent Agent

Registered Canadian Trademark Agent

1997

LLBUniversity of Windsor

1994

M.Sc., PhysicsUniversity of Windsor

1990

B.Sc. (Honours), PhysicsUniversity of Windsor

Publications

“Patents; Industrial Design,” Contributer, (2006-2008)
“Ultimate Corporate” Counsel Guide, CCH (January 2008)
“Intellectual Property (Patent) Litigation: Recent Developments of Importance,” The 2008 Guide to the Leading 500 Lawyers in Canada, ALM/Lexpert (2008)
“Supreme Court Dismisses Application for Leave to Consider Small Entity Status,” Lang Michener Intellectual Property Brief (Spring 2004)
“Dutch Industries to be Statutorily Overruled,” Lang Michener Intellectual Property Brief (October 2003)
“Choosing a Domain Name May Require More Homework,” Lang Michener Intellectual Property Brief (November 2002)
“Tips on Conducting Your Own Patent Search,” BIOTECH (May 2002)
“New Time Limit for Filing National Patents Under the Patent Cooperation Treaty,” Lang Michener Intellectual Property Brief (April 2002)
“Domain Name Issues in Commercial Transactions,” Lang Michener Intellectual Property Brief (July 2001)
“TRIPs Amendment May Extend Term of Protection,” The Lawyers Weekly, Vol. 20, No. 46 (April 2001)
“Bill Introduces Additional Retroactive Patent Protection,” Lexology (April 2001)
“Anticipated Patent Act Amendment May Extend Term of Protection for Certain Patents,” Lang Michener Intellectual Property Brief (March 2001)
“Giant Magnetoresistance in Electrodeposited Ni/Cu and Co/Cu Multilayers,” Journal of the Electrochemical Society, Vol. 142, No. 4 (April 1995)
“Giant Magnetoresistance in Electrodeposited Nickel-Copper and Cobalt-Copper Multilayers,” University of Windsor Press (January 1994)
Anticipated Patent Act Amendment May Extend Term of Protection for Certain Patents, Lang Michener Intellectual Property Brief (March 2001)
Giant Magnetoresistance in Electrodeposited Ni/Cu and Co/Cu Multilayers, Journal of the Electrochemical Society, Vol. 142, No. 4 (April 1995)
Giant Magnetoresistance in Electrodeposited Nickel-Copper and Cobalt-Copper Multilayers, University of Windsor Press (January 1994)

Insights (15 Posts)View More

Plan Ahead: CIPO’s new standard fees come into effect on January 1, 2024

CIPO's new standard fees come into effect on January 1, 2024. Plan ahead; save on government fees.

Sep 6, 2023

20 More Years of Copyright Protection Starting December 30, 2022

The extension of general copyright protections from 50 years to 70 years after the life of the author shall come into force on December 30, 2022.

Nov 30, 2022

Forecast 2022: Expected Changes to the Canadian Patent Rules

The Canadian patent system is expected to adopt the practices of "excess claims fees" and "request for continued examination". Is your business ready?

Jan 4, 2022

Registering Copyrights as They Arise May Improve Chances of Future Success at Trial

Companies consider registering copyright as a potential dispute arises, but recent case law shows this may not be the best course of action to enforce IP rights

Jun 21, 2021

COVID-19: Expedited Examination of Canadian Trademark Applications

CIPO is now taking requests to expedite the examination of Canadian trademark applications related to COVID-19 goods and services.

Dec 16, 2020

The Intersection between Drop-Shipping and Patent Infringement

The drop-shipping business model is picking up steam in the online world. But is it immune from the reaches of patent law? Find out in this bulletin.

Nov 4, 2020

Out with the New, In with the Old: The F.C.A. provides Clarity on its Ability to interpret Contracts

The FCA re-affirms the Kellogg and Clopay decisions regarding the Federal Court's ability to interpret contracts. For more details, please read the bulletin.

Sep 28, 2020

No Solution? No Problem! The Federal Court of Canada Puts a Dagger in the “Problem-Solution” Approach to Patent Claims Construction

Patents: the Federal Court has confirmed that the "problem-solution" approach to claims construction is not correct. For more details, read this bulletin.

Aug 27, 2020

Trademark Law: Change in Practice Regarding Extensions of Time in Examination

CIPO has changed its practice regarding time extensions to file responses to examiner's reports. Such guidance will affect Canadian prosecution strategies.

Aug 4, 2020

Clorox v Chloretec: The Application of Vavilov in the Trademarks Context

The Federal Court of Appeal confirms the application of the appellate standard of review framework to trademark opposition board decisions.

Jul 23, 2020

Bill C-13 Receives Royal Assent: Change to the Canadian Patent Landscape in Response to COVID-19

All levels of Canadian government are taking extraordinary steps in response to the public health emergency of COVID-19.

Mar 27, 2020

Last Chance for Late National Phase Entry into Canada

It is official - Canada's new Patent Rules will come into force on October 30, 2019.

Aug 9, 2019

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

Jun 4, 2019

The Hague System For Industrial Designs is in Force in Canada

Canadian companies and designers can now seek to protect their industrial designs in multiple foreign jurisdictions through a single international application.

Nov 21, 2018

Short Window of Opportunity to Take Advantage of Canada’s Late National Phase Entry Regime

Canada is one of a few contracting states to the Patent Cooperation Treaty that permits late entry into national phase for an international patent application.

Nov 13, 2018

Deals & Cases (2 Posts)

SALT Canada Inc. v. John Baker, 2020 FCA 127 (“Salt”)

This is a huge win in the Federal Court of Appeal (FCA) that significantly changes Canadian patent law by recognizing that the Federal court has jurisdiction to determine the issue of patent title based on analysis of contracts or other written instruments.

Jul 28, 2020

D+H Limited Partnership Completes Acquisition of Asset Inc.

Jan 18, 2011