Neil Kathol's practice is exclusively intellectual property covering a broad range of technology and intellectual property issues.
His practice includes reviewing patents and advising on technology freedom-to-operate questions and performing trade-mark, copyright and industrial design infringement due diligence as well as conducting litigation matters wherein patent, copyright, trademarks, trade secrets and designs are in issue along with the usual array of contractual, fiduciary and other issues. Neil's litigation and advisory practices have an emphasis in patent infringement and breach of confidence/trade secret-abuse, and the overlap and distinctions between the two. Neil has been involved in resolving invention ownership issues.
Neil has appeared as counsel in several trials before both the Court of Queen’s Bench of Alberta and in the Federal Court. He has argued numerous appeals before the Alberta Court of Appeal and the Federal Court of Appeal (at many of the Registries across Canada). He has appeared before the Trademarks Opposition Board. He has participated in several intellectual property law mediations and arbitrations both as counsel for a party and as a mediator. He is a member of the Federal Court of Appeal and Federal Court Rules Committee.
A registered Trade-mark Agent, he is enrolled for prosecuting trademarks in the United States. He has also advised many clients with international patent, trademark and copyright registration strategy and protection concerns.
Neil has assisted on the technology issues arising in many kinds of commercial transactions. He has lead IP teams who analyze new technology being considered for purchase or license, acted on sales of technology assets, drafted technology transfer documentation and advised on design and development agreements which protect clients during the testing and acquisition of technology.
Neil is a Member of the Field Law Executive Committee.