We are trial lawyers with extensive experience in all areas of patent, trademark and copyright litigation. We have an unrivaled track record of successfully representing pharmaceutical manufacturers in patent litigation under both the Patent Act and the Patented Medicines (Notice of Compliance) Regulations, with a history of winning cases that other counsel have previously lost. We have taken on some of the most difficult cases, including successfully addressing numerous compound, formulation and use patents on blockbuster drugs. Our lawyers have prevailed in a number of pivotal cases that continue to shape Canadian patent law, including defining the requirements of written description, clarifying the meaning of “inventive concept”, and prevailing on the only s. 53 invalidity defence (misleading statements in a patent) in the last 40 years.
On behalf of our clients, we have obtained judgements awarding hundreds of millions of dollars in damages for lost sales pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations. Our lawyers have developed broad expertise in various commercial and regulatory aspects of the Canadian pharmaceutical market, including hospital, prescription pharmacy and OTC products.
Our team has the technical background required for biopharmaceutical products. Many of our lawyers have a life-sciences master’s or doctoral degree, including those with first-hand experience in the expression and high-resolution characterization of recombinant protein products. Our team was counsel in the first biosimilar patent litigation in Canada (filgrastim), and our expertise extends to advising on biosimilar regulatory issues, providing early-stage advice on design-around opportunities, and negotiating partnership and licensing agreements.
We have successfully represented clients in high stakes patent litigation in the natural resources sector involving hard rock directional drilling, pipe heating cable used in mining operations, coiled tubing injector systems, drilling fluid recovery and recycling technology, and oils sands tailings ponds remediation.
Our team has a broad range of experience in successfully enforcing and defending our clients in intellectual property disputes in the constantly evolving IT, Software and Communications sectors.
Our lawyers have represented innovative and successful medical device companies, from large multinational corporations to start-ups. Our lawyers combine their strong technical backgrounds with their world-class litigation experience to achieve creative and successful results for our clients.
We are a go-to firm for difficult Canadian Intellectual Property Office (CIPO) proceedings involving re-examinations, protests, and due care responses.
We are active in representing clients in access to information (ATI) responses and requests.
We are also active in international trade disputes before the Canadian International Trade Tribunal and Canada Border Services Agency.
We step in on difficult cases. Our team has helped clients whose cases were initially handled by other firms. We provide strategic advice, identify potential errors in Court decisions, and resolutely represent clients on appeal. We also represent intervenors on important appellate cases, including patent appeals before the Supreme Court of Canada.