Keith Bird

Partner


Toronto

Tel : 416.307.4205
Fax : 416.865.7048

Email : keith.bird@mcmillan.ca
VCard : vcard

Professional Activities

  • Partner since 2006
  • Member of the firm's Intellectual Property Law Group
  • Registered Patent and Trade Mark Agent (Canada)
  • Registered Patent Agent (United States)

Keith Bird is a partner in the firm's Toronto office and practices exclusively in intellectual property law. Keith advises on licensing, patent freedom to operate, infringement and validity opinions, due diligence and patented medicines regulatory advice. He has successfully advised and represented clients in complex patent prosecution and litigation involving such diverse technologies as: engine oil additives, mass spectrometers, television audience measuring devices, postage meters, modular housing, fire simulators, fibre optic communication systems, pharmaceuticals, inventory control systems, farm machinery, oil patch and tar sand advancements, cell phones, animation engines, OLED screens, water coolers, mobile commerce applications and telecommunications security. Keith is also involved in the conduct of patent, industrial design, trade mark and copyright litigation before the Federal Court of Canada, the Federal Court of Appeal, the Ontario Superior Court and Court of Appeal, and the Supreme Court of Canada.

Keith Bird has assisted a variety of clients in commercializing their intellectual property in sectors such as health care, consumer products, entertainment and sports, information technology and manufacturing and is known for building valuable patent and trade mark portfolios for several companies. 

Keith is well respected by his clients and colleagues for his knowledge interpreting or exploring complex patents. Keith's background as a research physicist specializing in thin films and magneto-resistance has resulted in a deep understanding of a broad spectrum of technology. 

Keith Bird is known as approachable, practical and solution-oriented. As a Captain (retired) in the Canadian Forces, he has an assured, responsive and determined leadership style. Keith also lectures on patent law at the University of Windsor and organizes and instructs the firm's in-house intellectual property and patent agent training course.

Special Recognition

  • Included in the 2009 Guide to the World's Leading Patent Law Practitioners published by Legal Media Group
  • Finalist, Lexpert's Rising Stars Top 40 Under 40, 2007

Memberships

  • Canadian Bar Association
  • Ontario Bar Association
  • Fellow, Intellectual Property Institute of Canada
  • Fédération Internationale des Conseils en Propriété Industrielle 
  • Toronto Lawyers Association
  • Toronto Intellectual Property Group (TIPG)
  • Associate Member, Intellectual Property Law Section of the American Bar Association (ABA)
  • Foreign Affiliate Member, American Intellectual Property Law Association (AIPLA)
  • Life Member, Essex and Kent Scottish Regimental Association

Teaching Engagements

  • Lecturer, "Patent Law," Faculty of Law, University of Windsor, Fall 2004 to Present with Donald H. MacOdrum and Peter E.J. Wells.
  • Instructor, Patent Agent Training Course, 2002 to Present.
Representative Transactions

  • Providing ongoing intellectual property advice to University of Toronto Innovations Foundation including patent licensing, collaborative research and development involving various licensing and patent issues, and advising on patents developed in partnership with the University.
  • Advising a medical device developer on a collaborative R&D project with a major Canadian University on various licence and patent issues.
  • Advising a civil engineering firm on its relationship with, and obligations to, a major Canadian University regarding patents.
  • Advised Avaya Inc. on intellectual property and information technology matters in its acquisition of Nimcat Networks Incorporated, a developer of embedded, peer-to-peer Internect Protocol communications applications software for C$ 46 million.
  • Spearheaded the clearance of the new logo for a major professional sports team.
  • Advising on patent applications and prosecution for a variety of companies including software developers, dental device developers and several foreign and domestic universities.

publications and presentations
Fall 2008
Significant Differences Between Canadian and American Patent Law (Part 2)
InBrief Fall 2008
Summer 2008
Significant Differences Between Canadian and American Patent Law
InBrief Summer 2008
Spring 2008
"Small Entity" Status – Improved but Perhaps not Perfected
Intellectual Property Brief Spring 2008
2008
Intellectual Property (Patent) Litigation: Recent Developments of Importance
Co-authored: Donald MacOdrum, Keith Bird and O. Del Vecchio
The 2008 Guide to the Leading 500 Lawyers in Canada, ALM/Lexpert


  • intellectual property
    • confidential information & trade secrets
    • copyright
    • information technology
    • IP agreements & licensing
    • IP due diligence
    • IP litigation
    • patents & industrial designs
    • trademarks & domain names
  • consumer products / retailing
  • entertainment & sports
  • internet & information technology
  • manufacturing
Called to the Ontario bar - 1999

University of Windsor, LLB - 1997

University of Windsor, M.Sc. Physics - 1994

University of Windsor, B.Sc. (Hons.) Physics - 1990