Devin has over a decade of experience advising and representing clients across a broad range of industries, including pharmaceuticals, telecommunications, natural resources, and consumer goods. Devin is an experienced trial and appellate lawyer with a focus on complex intellectual property and international trade proceedings.
Devin regularly represents clients in patent actions, proceedings under the Patented Medicines (Notice of Compliance) Regulations, anti-dumping and countervailing proceedings under the Special Import Measures Act, and applications for judicial review.
Before joining Aitken Klee, Devin was the recipient of the prestigious Harold G. Fox Scholarship and spent a year honing his skills at renowned Barrister’s Chambers in London, England.
Representative Work
International Trade
- Counsel for Canadian companies in expiry review proceedings before the Canada Border Services Agency and Canadian International Trade Tribunal (e.g., Weatherford Canada Ltd. in Sucker Rods, RR-2023-005; Great Lakes Copper Ltd. in Circular Copper Tube, RR-2024-004)
- Counsel for voestalpine Tubulars, an Austrian producer of steel goods, in proceedings before the Canadian International Trade Tribunal (Oil Country Tubular Goods, NQ-2021-006)
- Counsel for Turkish exporters of concrete reinforcing bar and corrosion-resistant steel sheet in applications for judicial review from Canada Border Services Agency decisions in re-investigation proceedings (Federal Court T-1199-23 and T-1712-23)
- Counsel for Borusan, a Turkish steel producer, on judicial review from a Canada Border Services Agency investigation into allegations of dumping (2022 FCA 89)
- Counsel for AGT Food and other exporters of pasta products on judicial review from a Canadian International Trade Tribunal decision concerning injury from dumping and subsidizing (2019 FCA 229)
Patent Litigation
- Counsel for Natco Pharma (Canada) Inc. in proceedings under the Patented Medicines (Notice of Compliance) Regulations, including those involving ibrutinib, a drug for treating certain cancers and graft versus host disease (Federal Court T-1472-22 and T-1475-22) and tenofovir alafenamide, an antiviral medication for treating HIV (Federal Court T-1555-22 and T-1556-22)
- Trial and appellate counsel for Teva Canada Limited in the successful assertion of their patent rights concerning Copaxone®, a drug used in treating multiple sclerosis (2020 FC 1158; affirmed 2022 FCA 2)
- Represented Teva Canada Limited on appeal from a decision awarding Teva’s costs following trial (2022 FCA 207)
- Represented Pharmascience Inc. on appeal from summary trial concerning patent infringement and the doctrine of ex turpi causa (2020 FCA 55)
- Represented the inventor and patentee in an infringement and validity trial against PetroChina Canada Ltd. concerning modularized SAGD well pads used in heavy oil extraction (2021 FC 85)
- Represented Two-Way Media Ltd. in a patent infringement action involving streaming technology for broadcasting audio and video over the Internet (Federal Court T-809-14)
- Represented Anova Foods, LLC and Export Packers Co. Ltd. in a patent infringement action involving a method of making smoked seafood (Federal Court T-1762-13)
- Represented Unilever Canada Inc. in a patent infringement and validity action involving the formulation of anti-dandruff personal care products (Federal Court T-1751-13)
- Represented Teva Canada Limited in securing a damages award of $105 million under the PM(NOC) Regulations (2014 FC 248, 2014 FC 634, and 2017 FC 526)
- Represented the Canadian Generic Pharmaceutical Association as intervener in the Supreme Court of Canada (2015 SCC 20)
- Represented Teva Canada Limited in securing summary judgment on preliminary issues in an action relating to its generic version of Viagra® (2015 FCA 257)
Professional Affiliations
- Intellectual Property Institute of Canada (IPIC)
- Member of the IPIC Conference Committee
- Past Member of the IPIC Litigation Committee and IP Trade Policy Committee
- Canadian Bar Association
- Ontario Bar Association
Education
- Juris Doctor, Osgoode Hall Law School, 2011
- Honours Bachelor of Commerce (Honours), Specialization in Finance, University of Ottawa, 2007