Patents and trademarks are critical. Obviously any companies that are going to go commercial on our side have those and look after them. Defending them in the U.S. is not a problem. Most of them file in the U.S. first anyway, simply because the process is quicker if you get your filing done there and then file in Canada and wherever else in the world you want protection. Usually the U.S. is the first place they will file, though.
On October 27th, 2011. See this statement in context.