Bryan is a partner at Aitken Klee.
Bryan specializes in the litigation of Canadian patents, with a strong focus in pharmaceuticals and biotechnology. He combines technical and legal expertise to identify creative approaches to complex issues. Bryan has served as lead trial and appellate counsel for Plaintiffs and Defendants, and has secured final judgments upholding and invalidating patents. Bryan has extensive knowledge of the intricacies of the Canadian pharmaceutical industry, where he has litigated several cases involving the quantification of damages.
Bryan has been ranked or recognized in many leading industry publications, where he has been hailed as a “strong litigator” and “exceptional lawyer” who “has tremendous experience”. He recently led the team that was awarded Managing IP’s 2023 Impact Case of the Year (Canada).
Bryan has a M.Sc. in Neuroscience and Biomedical Engineering, and is also a registered Canadian patent agent.
Representative Work
- Dr. Reddy’s v. Janssen, 2022 FC 1672
- Janssen Inc. v. Dr. Reddy’s, 2022 FCA 184
- Pharmascience v. Teva, 2022 FCA 2
- Natco v. Canada (Health), 2020 FC 788
- Millennium v. Teva, 2019 FCA 273
Awards
Bryan served as lead counsel at trial and on appeal for Teva Canada, obtaining a declaration of validity and patent infringement in defence of Teva’s blockbuster multiple sclerosis medication, COPAXONE®. The judgment on appeal was awarded the Impact Case of the Year (Canada) by ManagingIP.
Industry Recognition
- IAM Patent 1000 – Silver – individuals: litigation
- Who’s Who Legal – Global Leader IP – Patents and Life Sciences/Patent Litigation; National Leader – Life Sciences
- Best Lawyers in Canada 2020-2024 (Intellectual Property Law)
- Chambers and Partners
Professional Affiliations
- Law Society of Ontario (2007)
- Patent Agent, Canada (2009)
- Intellectual Property Institute of Canada
- Canadian Bar Association
Education
- Bachelor of Laws/Bachelor of Civil Law, McGill University (2006)
- Masters of Science (Neuroscience and Biomedical Engineering), University of Alberta (2003)
- Bachelors of Science (Physiology), University of Alberta (2000)
Publications
- Utility, Intellectual Property Law Benchbook (Donald M. Cameron, ed., 2022, Carswell).
- Patent Litigation, Intellectual Property Litigation: Forms and Precedents (Paul Lomic, ed., 2016, LexisNexis Canada)
Speaking Events
- Panelist: “Patentable Subject Matter: Where Are the Dividing Lines for Methods of Medical Treatment, Computer Implemented Inventions and AI Developed Inventions?” – University of Toronto Patent Colloquium, November 10, 2023
- Speaker: “Obviousness” – IPIC Case Law Review Series, April 14, 2023
- Panelist: “Remedies for Patent Infringement – Dow v. Nova: Key Issues”, IPIC Annual Conference, September 29, 2022
- Speaker: “The Role of an Inventor in Patent Litigation” – IPIC Speaker Series, June 23, 2022
- Speaker: “Obviousness” – IPIC Case Law Review Series, March 10, 2022