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Mr. Harington brings over 25 years of diverse experience in business consulting, M&A transaction advisory, and general financial consulting to companies in a variety of industries and ranging in size from large, multi-national public companies to local, privately-owned companies.

For over 18 years, his practice has focused on the quantification of loss and accounting of profits in intellectual property and commercial litigation disputes, the valuation of intellectual property and commercial businesses, and financial aspects of Canadian competition law. He has been qualified as an expert in the valuation of intellectual property and commercial businesses and in the quantification of loss and accounting of profits in intellectual property and commercial litigation damages in both the Federal Court of Canada and the Ontario Superior Court of Justice and as an expert in the quantification of efficiencies by the Competition Tribunal of Canada. Mr. Harington has also provided expert witness testimony before the International Court of Arbitration of the ICC as well as in domestic arbitrations and mediations. 

Representative Engagements
In connection with commercial and intellectual property litigation

Provided testimony before the Federal Court of Canada on behalf of AFD Petroleum Ltd as to damages, an accounting of profits, and reasonable royalty being sought by Frac Shack Inc for alleged patent infringement in the oil and gas sector (2017 FC 104).

Provided testimony before the International Court of Arbitration of the International Chamber of Commerce on behalf of Origin & Co., Ltd (Republic of Korea) as to damages being sought by JFI Global Purchasing, Ltd (Barbados) for an alleged breach of contract.

Provided testimony before the Federal Court of Canada on behalf of Arctic Cat, Inc. as to damages being sought by Bombardier Recreational Products Inc. for alleged patent infringement (2017 FC 207).

Provided testimony before the Ontario Superior Court of Justice on behalf of Exact Furniture Limited as to damages and profits being sought by Video Furniture International Inc. for alleged wrongful use of confidential information (2015 ONSC 3399).

Provided testimony before the Federal Court on behalf of Apotex Inc. as to damages being sought by Eli Lilly and Company for patent infringement (2014 FC 1254).

In connection with the Canadian Competition Act

Authored an expert report as to the quantum of section 96 efficiencies likely to arise from the acquisition by Superior Plus, LP. of the Retail Propane operations of Gibsons Energy ULC (Canwest).

Authored an expert report as to the quantum of section 96 efficiencies likely to arise from the acquisition of G&K Services by Cintas Corporation.

Authored an expert report as to the quantum of section 96 efficiencies likely to arise from the proposed merger of Agrium Inc. and Potash Corporation of Saskatchewan Inc.

Authored an expert report as to the quantum of section 96 efficiencies likely to arise from the acquisition of ManitobaTel by BCE.

Retained by Commissioner of Competition to advise in connection with a proposed merger in which failing firm and efficiencies were alleged by the merging parties.

Authored an expert report on behalf of the Competition Bureau and testified at the Competition Tribunal as an expert in the quantification of section 96 efficiencies that would be lost in the event of an order in connection with the proposed acquisition of Complete Environmental Inc. by Tervita Corporation.

Testimony

Provided testimony before the Federal Court of Canada on behalf of AFD Petroleum Ltd as to damages, an accounting of profits, and reasonable royalty being sought by Frac Shack Inc for alleged patent infringement in the oil and gas sector (2017 FC 104).

2017

Provided testimony before the Federal Court of Canada on behalf of Arctic Cat, Inc. as to damages being sought by Bombardier Recreational Products Inc. for alleged patent infringement (2017 FC 207).

2017

Provided testimony before the Ontario Superior Court of Justice on behalf of Exact Furniture Limited as to damages and profits being sought by Video Furniture International Inc. for alleged wrongful use of confidential information (2015 ONSC 3399).

2015

Provided an expert report and oral testimony before the Federal Court of Canada regarding the quantification of alleged damages suffered by Bombardier Recreational Products Inc. arising from alleged patent infringement by Arctic Cat, Inc., in Arctic Cat Inc. v. Bombardier Recreational Products Inc., 2015 FC 938 (T-2025-11).

2015

Provided an expert report and oral testimony before the Ontario Superior Court of Justice regarding the quantification of alleged damages suffered by Video Furniture International Inc. arising from the wrongful use of confidential information by Exact Furniture Limited (2015 ONSC 3399).

2015

Provided an expert report and oral testimony before the Federal Court of Canada regarding the quantification of damages suffered by Eli Lilly and Company arising from patent infringement finding by Apotex Inc., in Eli Lilly and Company v. Apotex Inc., 2014 FC 1254 (T-1321-97).

2014

Provided testimony before the Federal Court on behalf of Apotex Inc. as to damages being sought by Eli Lilly and Company for patent infringement (2014 FC 1254).

2014

Provided an expert affidavit and oral testimony before the Federal Court of Canada in connection with a motion by Pfizer to amend pleadings in Apotex Inc. v. Pfizer Canada Inc. et al., in T-1736-10.

2015

Provided testimony before the International Court of Arbitration of the International Chamber of Commerce on behalf of Origin & Co., Ltd (Republic of Korea) as to damages being sought by JFI Global Purchasing, Ltd (Barbados) for an alleged breach of contract.

2017
Publications
Book
Calculating Monetary Remedies in Intellectual Property Cases in Canada
August 01, 2018
Published by The Brattle Group

This book serves as a reference to assist those involved in a quantification of monetary remedies by isolating each aspect that may be relevant to a case and focusing on the principles and case law relevant to that aspect, both recent Canadian cases as well as select international case law.

Article
Monetary Relief—Quantum
2012
Published in Intellectual Property Disputes: Resolutions and Remedies
Report
Accounting of Profits Calculations in Intellectual Property Cases in Canada
2009
Published by Duff & Phelps
Article
Damages Calculations in Intellectual Property Cases in Canada
2009
Published in Canadian Intellectual Property Review
News & Events
September 26, 2018
Andy Harington to Present at Goodman's IP and Competition Law Program

Brattle Principal Andy Harington will speak at the Goodman’s Intellectual Property (IP) and Competition Law program, to be held September 26 in Toronto, Ontario, Canada.

August 01, 2018
Brattle Economists Author Book on Calculating Monetary Remedies in Intellectual Property Cases in Canada

The past few years have seen significant changes in Canadian case law regarding the computation of monetary remedies in intellectual property. Given the increasing complexity of these issues, Brattle economists Andy Harington and Dimitri Dimitropoulos, along with IP attorney Alex Stack, have developed a single, comprehensive resource to summarize the principles and the precedent case law.

January 22, 2018
Brattle Assists Agrium Obtain Regulatory Approval in $36 Billion Merger

The Brattle Group assisted the fertilizer company Agrium Inc. to obtain regulatory approval in its $36 billion merger with Potash Corporation, forming the world’s largest crop nutrient company.

December 04, 2017
Brattle Client Superior Plus Cleared in Acquisition of Canwest Based on Efficiencies

Brattle’s client Superior Plus recently received clearance from Canada’s Competition Bureau to acquire Gibson Energy’s propane distribution business, Canwest, making the post-merger business the largest propane distributor in Canada.

January 20, 2017
The Brattle Group Recognized As One Of The World’s Top Firms For Competition Economics By Global Competition Review

For the 10th consecutive year, The Brattle Group has been named one of the world’s top firms for competition economics by Global Competition Review (GCR).

June 23, 2016
Commercial Litigation And Intellectual Property Expert Andy Harington Joins The Brattle Group

The Brattle Group announced today that commercial litigation and intellectual property expert Andy Harington has joined the firm’s Toronto, Ontario office as a principal.