Frank Tosto  

Frank Tosto is Regional Leader of our Intellectual Property (IP) Litigation Group in our Calgary office. Frank focuses his practice primarily on IP litigation and directors' & officers' liability. He has litigated patent, trade secret, industrial design, trade-mark and copyright matters, including several "Bet-the-Company" actions, and has appeared at all levels of court throughout Canada — including acting as counsel in numerous motions and trials in the Ontario Superior Court of Justice, Alberta Court of Queen's Bench, and Federal Court of Canada.

Frank's appellate experience includes conducting matters in the Ontario and Alberta Courts of Appeal, the Federal Court of Canada (Appeal Division) and the Supreme Court of Canada (Leave Application). He has also appeared as counsel at the Trade-marks Opposition Board, assisted clients with navigating through the Uniform Domain-Name Dispute Resolution process, and conducted several inquests, inquiries and appraisals.

• Author, "Protecting Your Intellectual Capital in the Canadian Oil & Gas Industry," Alberta Law Review, November 2012 (with Evan Nuttall).
• Presenter, "Protecting Your Intellectual Capital in the Canadian Oil & Gas Industry," Canadian Energy Law Foundation, June 2012.
• Presenter, "Civil Trial Advocacy College," The Advocates' Society, February 2012.
• Presenter, "Directors' & Officers' Liability Insurance," The Chartered Insurance Professionals' Society, 2005, 2007 and 2009.
• Author, "Insurance Coverage for Copyright Infringement Claims Under Commercial General Liability Policies," Canadian Insurance Law Service, May 2004.

• Represented both plaintiffs and defendants in "Bet-the-Company" patent and trade secret litigation concerning well-servicing equipment.
• Represented corporation in a trade-mark dispute concerning a national advertising campaign.
• Represented US Corporation in trade-mark and passing-off dispute permitting company to enter the Canadian marketplace.
• Obtained an ex parte injunction shutting down a foreign website.
• Conducted a 18-month trial concerning defective cement and associated insurance coverage issues.
• Represented insurers in significant directors' matter including third-party liability and insurance coverage issues.
• Represented private school in high-profile Fatality Inquiries Act matter.
• Represented radiological technician in medical malpractice matter.
• Represented defendants in litigation concerning the medication Ephedrine.
• Represented both plaintiffs and defendants in high-profile defamation law suits.
• Represented defendant concerning the electrical remediation of a high-rise building.

• Selected by peers for inclusion in the 2010 and 2009 editions of The Best Lawyers in Canada® (Insurance Law).
• Nominated in the 2010 and 2008 editions of The Canadian Legal Lexpert® Directory as "a leading IP litigator in Western Canada."