Scott Beeser

Scott is a partner with significant in-house and lead counsel experience in the pharmaceutical and biopharmaceutical sectors. Scott received a Ph.D. for his research on protein folding, energetics and dynamics and was the first biopharmaceutical patent attorney at an international generic drug manufacturer.  Scott has also served as the vice chair and chair of the Intellectual Property Committee for the Canadian trade association representing generic drug manufacturers.

Since joining Aitken Klee, Scott has developed many novel patent and regulatory strategies for his clients. He has as a proven track record in litigation under the Patented Medicines (Notice of Compliance) Regulations, including in several precedent setting pharmaceutical summary trials.

Representative Work

  • successfully invalidating the asserted claims of a foundational use patent for a blockbuster erectile dysfunction drug that had previously withstood multiple prior invalidity attacks, including on appeal (2022 FC 1398; 2024 FCA 72)
  • representing a client in an invalidity action related to a dosing regimen patent for a long acting injectable product for the treatment of schizophrenia (2022 FC 1218)
  • convincing a trial judge that his prior decision on which party has the legal burden in a summary trial motion was wrongly decided (2022 FC 62)
  • representing Paid Search Engine Tools in a patent infringement action against Google related to paid search engines (2021 FC 1435)
  • successfully representing a client, including on appeal, in decision that established that generic manufacturers are not limited to the legal and factual basis set out in a Notice of Allegation (2021 FC 37, 2021 FCA 113)
  • successfully representing a client, including on appeal, in a multi-defendant action in respect of a dosage form/use patent for a blockbuster drug for the treatment of erectile dysfunction (2020 FC 816; 2023 FCA 125)
  • successfully invalidating, including on appeal, the asserted claims of a patent for the treatment of multiple sclerosis (2020 FC 621, 2022 FCA 143)
  • obtaining a Mareva injunction against a number of Canadian resident defendants in an international fraud case (2019 ONSC 1142)
  • representing an intervenor in the Supreme Court of Canada in the seminal case that redefined the test for patent utility (2017 SCC 36)
  • successfully representing a client, including on appeal, in a seminal case that clarified the proper approach for assessing obviousness in a case involving an AIDS anti-retroviral product (2016 FC 580, 2017 FCA 76)
  • redefining what patents need to be addressed for combination products under the PM(NOC) Regulations, which triggered a subsequent regulatory amendment by the government (2014 FC 893; 2015 FCA 93)

Professional Qualifications

  • Law Society of Ontario (2003)
  • Canadian Patent Agent (2005)
  • Canadian Trademark agent (2005)

Education

  • Bachelors of Laws, Osgoode Hall Law School (2002)
  • Doctor of Philosophy (Biology), University of Utah (1999)
  • Bachelors of Science (Biochemistry), Concordia University (1992)

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.