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Dino Clarizio is a partner in the Litigation Group at Goodmans and is responsible for the firm’s patent prosecution work.
Dino’s work includes all aspects of intellectual property litigation with a focus on patent litigation in the chemical, pharmaceutical and mechanical areas. He has appeared in the trial and appeal levels of the Federal Court, and in the Supreme Court of Canada, in cases ranging in industry from pharmaceuticals to construction toys to washing machines. Dino also counsels clients on pre-litigation issues, including providing freedom-to-operate, infringement and validity opinions.
Dino's cases have involved all the main patent issues, including claim construction and infringement, anticipation, obviousness, utility, and the duty of good faith, and trademark issues such as confusion, the doctrine of functionality in trade-mark law, and survey evidence.
Dino is also a registered patent agent in both Canada and the U.S. and a registered trade-mark agent in Canada. In addition to his litigation practice, Dino also has a patent prosecution practice spanning all kinds of technologies, with an emphasis on patenting in the chemical and biotech industries. Dino's patent work has included responsibility for all E.I. du Pont patent filings in Canada, which include inventions relating to polymers, genetically modified plants and other chemically-based innovations, and for a large amount of Procter & Gamble patent applications in Canada.
Dino’s representative work includes acting for:
- Camco against Whirlpool in a case that was ultimately decided by the Supreme Court and is a leading decision on interpreting patents and double patenting
- Procter & Gamble as intervenor in the Supreme Court in a leading case on interpreting patents and the test for patent infringment
- Ritvik (Mega Bloks) in a “bet-the-company” case brought by Lego alleging passing off and other trademark rights in the shape of toy building blocks; the case went to the Supreme Court and is the seminal case on functional trademarks
- Apotex in dozens of patent cases relating to pharmaceutical patents, including a case involving a patent for a new forulation to administer the osteoporosis drug risedronate
- Apotex in a case relating to the glaucoma medicine latanoprost in which the Federal Court of Appeal confirmed that the invention’s utility must be soundly predicted at the time the application is filed
- Apotex against Allergan in a case ultimately decided by the Federal Court of Appeal involving the glaucoma medicine, bimatoprost
- Apotex in different cases where the Federal Court invalidated patents for the use of gatifloxacin to treat eye infections, the use of olopatadine to treat allergic eye disease, and an extended release tablet of metformin
- Novopharm against Pfizer in a case where the Federal Court of Appeal confirmed the burden on the patentee to prove infringement
- Novopharm in the Federal Court and in the Court of Appeal in a case involving the medicine celecoxib
- Novopharm in a case relating to gatifloxacin, an anti-bacterial medicine
- James River against Hallmark in litigation relating to patents on technology for reinforcing paper plates
- Inventors in preparing and/or filing patent applications relating to various technologies, including chemical, biotech, polymers, genetically modified plants, pharmaceuticals, medical devices, quantum computing, Wi-Fi technologies, transportation equipment, mining equipment, and fuel cell components
Dino is co-author of two of the main patent textbooks in Canada, and of an annual consolidation of Canada’s patent laws and regulations. He is also a frequent author and speaker on Intellectual Property law, and is involved with the Intellectual Property Institute of Canada, sitting on several committees and presenting at various conferences and seminars. For many years Dino has served as a tutor for the annual patent agent exams, and is continuing to do so in 2021.
|Education|| Osgoode Hall Law School (LL.B, 1989)
McGill University (B.Eng, Chemical, with distinction, 1986)
Law Society of Ontario
|Year of Call||