Scott Beeser

Scott Beeser

Partner

Contacts

20 Queen Street West
Suite 3300
Toronto, ON
M5H 3R3

Scott is a partner in Aitken Klee’s Toronto Office with deep experience in the pharmaceutical and biopharmaceutical sectors. Prior to joining Aitken Klee, he was the first biopharmaceutical patent attorney at an international generic drug manufacturer where he was responsible for global intellectual property matters for a portfolio of small-molecule drugs and all of the companies biopharmaceutical projects. Scott has also served as chair, of the Intellectual Property Committee for the Canadian trade association representing generic drug manufacturers.

Scott has a proven track record in litigation under the Patented Medicines (Notice of Compliance) Regulations representing pharmaceutical clients in the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada.

Scott has represented both generic and branded pharmaceutical companies. He successfully represented a client in a seminal case that that clarified the proper approach for assessing obviousness. He also successfully represented a client in a matter that redefined which types of claims need to be addressed under the PM(NOC) Regulations. More recently, Scott was counsel for one of the interveners in the Supreme Court of Canada in a decision that redefined the proper approach to assessing utility under Canadian patent law.

Scott regularly speaks at national conferences on patent issues related to pharmaceutical and biosimilar patent law and a regular contributor to Aitken Klee’s blog covering recent developments in intellectual property law.

Scott is a registered Canadian patent and trademark agent.

Education

  • B.Sc. (Biochemistry), Concordia University, 1992
  • Ph.D. (Biology), University of Utah, 1999
  • LL.B., Osgoode Hall Law School, 2002

Scott’s was awarded the G. Richard Riser Award for outstanding graduate research for his work investigating the consequence of amino acid substitutions on protein dynamics, energetics and folding using high field 15N and 13C NMR.

Representative Decisions

  • AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36
  • Bristol Myers Squibb Canada Co. v. Teva Canada Limited 2017 FCA 76
  • Teva Canada Limited v. Novartis Pharmaceuticals Canada Inc., 2016 FCA 230
  • Bristol-Myers Squibb Canada Co. v. Teva Canada Limited, 2016 FC 991
  • Bristol-Myers Squibb Canada Co v. Teva Canada Limited, 2016 FC 580
  • Novartis Pharmaceuticals Canada v. Teva Canada Inc. 2015 FC 770
  • ViiV Healthcare ULC v. Teva Canada Limited, 2015 FCA 93
  • Teva Canada Innovation v. Apotex Inc., 2014 FC 1070
  • ViiV Healthcare ULC v. Teva Canada Limited2014 FC 893
  • AstraZeneca AB v. Apotex Inc., 2007 FCA 327
  • AstraZeneca Canada Inc. v. Apotex Inc., 2005 FCA 216

 Scientific Publications

  • Identification of a residue critical for maintaining the functional conformation of BPTI. Hanson WM, Beeser SA, Oas TG, Goldenberg DP J Mol Biol. 2003 Oct 17;333(2):425-41.
  • Determinants of backbone dynamics in native BPTI: cooperative influence of the 14-38 disulfide and the Tyr35 side-chain. Beeser SA, Oas TG, Goldenberg DP. J Mol Biol. 1998 Dec 18;284(5):1581-96
  • Enhanced protein flexibility caused by a destabilizing amino acid replacement in BPTI. Beeser SA, Goldenberg DP, Oas TG. J Mol Biol. 1997 May 30;269(1):154-64.
  • Mutations of iso-1-cytochrome c at positions 13 and 90. Separate effects on physical and functional properties. Huang Y, Beeser S, Guillemette JG, Storms RK, Kornblatt JA. Eur J Biochem. 1994 Jul 1;223(1):155-60.