Devin is a trial and appellate lawyer with extensive experience in complex intellectual property litigation and international trade proceedings. He advises and represents clients on patent matters across a broad range of industries, including pharmaceuticals, telecommunications, natural resources, and consumer goods.
Devin regularly acts for 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 judicial reviews. He has appeared before the Federal Court and the Federal Court of Appeal, the Ontario Superior Court, and the Canadian International Trade Tribunal.
Devin graduated in the top 4% of his class at Osgoode Hall Law School, where he earned numerous awards for his academic achievements. As recipient of the prestigious Harold G. Fox Scholarship, he then spent a year training in London with U.K. barristers.
Representative Work
International Trade Proceedings
- Representing 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)
- Successfully represented voestalpine Tubulars, an Austrian producer of steel goods, in injury proceedings before the Canadian International Trade Tribunal (Oil Country Tubular Goods, NQ-2021-006)
- Successfully represented Borusan, a Turkish steel producer, on judicial review from a Canada Border Services Agency investigation into allegations of dumping (2022 FCA 89)
- Represented 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
- Represented Natco Pharma (Canada) Inc. in proceedings under the Patented Medicines (Notice of Compliance) Regulations concerning ibrutinib, a drug used in treating certain cancers and graft versus host disease (Federal Court T-1472-22 and T-1475-22)
- Successfully enforced the patent rights of Teva Canada Limited in the infringement and validity trial (and related appeal) concerning Copaxone®, a drug used in treating multiple sclerosis (2020 FC 1158; affirmed 2022 FCA 2)
- Successfully represented Teva Canada Limited on appeal from a decision awarding Teva’s costs following trial (2022 FCA 207)
- Successfully represented Pharmascience Inc. on appeal from summary trial concerning patent infringement and the doctrine of ex turpi causa (2020 FCA 55)
- Represented the patentee, Betser-Zilevitch, in an infringement and validity trial against PetroChina Canada Ltd. concerning modularized SAGD well pads used in heavy oil extraction (2021 FC 85)
- Successfully represented Teva Canada Limited in securing a damages award of $105 million (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)
- Represented Teva Canada Limited in opposing a motion to strike its claim for damages relating to the hypertension drug Norvasc® (2013 FC 1066; aff’d 2014 FCA 244)
- 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 L. Gore & Associates in a patent infringement and validity action involving prosthetic vascular graft technology (Federal Court T-2105-13)
- 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 Unilever Canada Inc. in a patent infringement and validity action involving the formulation of anti-dandruff personal care products (Federal Court T-1751-13)
Professional Affiliations
- Intellectual Property Institute of Canada (IPIC)
- Member of the IPIC Litigation Committee
- Canadian Bar Association
- Ontario Bar Association
Education
- Juris Doctor, Osgoode Hall Law School (2011)
- Honours Bachelor of Commerce, Specialization in Finance, University of Ottawa (2007)