Partner at the firm Borden Ladner Gervais LLP
Intellectual Property Litigation; Corporate Commercial Litigation and Arbitration; Cybersecurity
McGill University, LL.B., 1983
University of Calgary, B.A., 1975; University of Saskatchewan, M.A., 1979
•Member, The Advocates' Society •Member, Canadian Bar Association (CBA); Chair, CBA Publicity Committee, Intellectual Property Section •Member, Intellectual Property Institute of Canada •Member, International Bar Association •Member, American Intellectual Property Law Association
•Instructor (Civil Procedure), University of Ottawa Faculty of Law, 2005-2012
Kevin LaRoche is a partner in our Intellectual Property Group. He has been Certified by the Law Society of Upper Canada as a Specialist in Intellectual Property Law (Patent) since 2010. Kevin has broad and substantial litigation experience, having acted as defence counsel in major criminal cases (from 1987 to 1992), counsel in insurance cases (from 1990 to 1994), and as a lead commercial litigator (from 1994 to 2000, inclusive).
Since 2000, Kevin has focused on technology based and complex litigation, in fields such as oil and gas services, software, cybersecurity and epidemiology and statistics. His areas of current legal interest include conflict of laws, causation, and legal issues surrounding cybersecurity.
In keeping with an increase in interest among many clients in the resolution of disputes by means other than litigation, Kevin has completed the Program on Negotiation (Mediation) at Harvard Law School. He is also a joint author of The Business of Innovation - Commercializing Intellectual Property in Canada, to be published by Carswell in early 2016.
Kevin has extensive trial experience before the Federal Court and the Ontario Superior Court. As well, he has argued numerous cases before the Divisional Court, the Ontario Court of Appeal, the Cour superieure du Quebec and several cases before the Supreme Court of Canada. Kevin has appeared in a number of commercial arbitrations, including pricing arbitrations, and administrative tribunals, including the National Energy Board.
Publications & Presentations
•Editor, The Consolidated Intellectual Property Statutes and Regulations, Carswell. •Editor, Canadian Bar Association IP Case Quarterly. •Author, “Client Conflict Rules and Intellectual Property Practice in Canada, ” Coalition for Intellectual Property Rights publication, 2009. •Editor, Consolidated Intellectual Property Statutes and Regulations, Thompson Carswell, 2004-07. •Author, “The Problem of Fine Distinctions: The Propriety of Questions in a Patent Discovery, ” Dimock, Intellectual Property Disputes, Resolutions, and Remedies, Chapter 10.1, Thompson Carswell, 2006. •Panellist, 14th Annual Intellectual Property Law: The Year in Review, Ottawa, 2010. •Speaker, “Ethical Walls and Disqualification of Counsel, ” New York State Bar Association Intellectual Property Law Section Summer Meeting, 2007. •Speaker, “Monetizing IP: Analyzing and Leveraging Patent Portfolios, ” The New Intellectual Property Economy, Orrick, 2006. •Speaker, “Managing Intellectual Property Disputes and Litigation, ” The New Intellectual Property Economy, Orrick, 2006. •Speaker, “Experimental Use: What's Fair and What's Not, ” Intellectual Property Institute of Canada Spring Meeting, 2006.
Rankings & Recognitions
•Recognized in the 2015 edition of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a Local Litigation Star: Ontario and a Litigation Star: General Commercial, Insurance and Intellectual Property. •Martindale-Hubbell BV Distinguished 4.4 out of 5 Peer Review Rated. •Selected by peers for inclusion in the 2015 edition of The Best Lawyers in Canada (Intellectual Property Law). •Recognized in IAM Patent 1000 - The World's Leading Patent Practitioners 2015 for Litigation.
Representative Work; The Law Society of Upper Canada v CCH Canada Limited 2004 SCC 13. Kingston (City of) v Union Gas, March 28, 2003, Court File No. 29497. R. v Papalia,  2 S.C.R. 137; S.C.J. No. 69. Abercrombie & Fitch Co. v. Giant Tiger Stores Limited 2009 FC 492. NAV Canada v. Adacel Technologies Limited 2009 FCA 855. NAV Canada v. Adacel Technologies Limited 2006 FCA 227. Loblaws Inc. v. Telecombo Inc. 2006 FC 634. Loblaws Inc. v. No Frills Auto and Truck Rental Ltd. 2006 FC 537. Schlumberger Canada Limited v. Trican Well Service Ltd. (2005), 43 C.P.R. (4th) 335. Esco Corporation v. Quality Steel Foundries Ltd. 2005 FC 588. Esco Corporation v. Quality Steel Foundries Ltd. 2005 FC 589. F. Hoffman-La Roche AG v. Canada (Commissioner of Patents),  2 F.C.R. 405.
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Internet of Things and CybersecurityKevin L. LaRoche,Scott Widdowson , August 7, 2015
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