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  • Canada
    • Ottawa
    • Toronto
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Client liaison
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Expertise
Services
  • Patents
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  • Designs
  • Litigation & Dispute Resolution
  • Commercial IP & Contracts
  • Due Diligence
  • Freedom to Operate
  • EPO Patent Oppositions
  • European Patent Validations
  • Anti-counterfeiting
  • Open Source & Third Party Code
Sectors
  • Digital Transformation
    • 3D Printing
    • Artificial Intelligence
    • Blockchain
    • Data & Connectivity
    • Extended Reality
    • Industry 4.0
  • Energy & Environment
  • Life Sciences
  • Agritech
  • Medical Technologies
  • Chemistry
  • Transport
  • Entertainment & Creative Industries
  • Food & Drink
  • Fashion & Retail
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Kenneth D McKay

Counsel

Americas
Toronto

Get in contact

+1 416 849 8444 kmckay@marks-clerk.ca
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Ken is Counsel at Marks & Clerk in Toronto and is an active litigator in the Intellectual Property Bar in Canada at the Trial and Appeal level, appearing as lead and co-counsel on several leading cases.  Ken also appears before Trademark Administrative Boards such as the Trademark Opposition Board and has an active trademark agency practice.

Ken has been referred to in WTR 1000 as “extremely accomplished when it comes to Court actions.  He is a supreme litigator and a vigorous advocate”.

In addition, Ken is a speaker and workshop leader in the trade-mark and technology/transfer/licensing area. As an active member of the Licensing Executive Society USA/Canada (LES) and the Licensing Executive Society International (LESI), he has also been a vice-president of both organizations. Ken is well versed in negotiating and license drafting as it relates to intellectual property, technology transfer, commercial contracts and licensing generally. As a result, Ken has attained the status of a Certified Licensing Professional (CLP). Ken is also a regular attendee at the European Communities Trade-mark Association (ECTA).

Languages

  • Español (Spanish)
  • Français (French)
  • English

Specialist in

  • Brands & Trade Marks
  • Litigation & Dispute Resolution
  • Commercial IP & Contracts

Qualifications

BA, LLB

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Latest Insights

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Preliminary position on priority published

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- 22 March 2023

InterDigital v Lenovo: The latest FRAND judgment

On 16 March 2023, Mr Justice Mellor handed down the latest FRAND judgment: InterDigital v Lenovo. The case concerned a dispute between InterDigital and Lenovo as to the terms on which Lenovo should take a licence to InterDigital’s portfolio of patents which had been declared essential to the European Telecommunications Standard Institute (ETSI) Standards.
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