Canada: Patents
Canada’s highly sophisticated fast moving IP law marketplace is home to some internationally renowned lawyers and firms. We recognise 32 of the country’s leading patent lawyers in the following pages.
Smart & Biggar/Fetherstonhaugh fields six lawyers in this chapter: more than any other firm in the research. Gunars Gaikis is a “big name” in IP disputes, having handled complex, high-level pharmaceutical and biological patent litigation matters for major domestic and international clients for more than 20 years. Firm chair John Bochnovic specialises in advisory work and multi-jurisdictional patent litigation for clients in the communications, pharma and technology sectors. Stephen Garland is also noted for his “top notch” litigation practice, which has seen him represent clients from a number of sectors at trial and appellate level in the Federal Court of Canada as well as the Ontario Superior Court and Supreme Court of Canada. John Morrissey represents clients from industries as diverse as financial services and chemicals and pharmaceuticals and he was praised for his “long and distinguished” record as a patent litigator. François Guay advises clients on IP disputes strategies as well as providing “exceptional” advocacy in court. Completing the firm’s strong showing, Michael Manson is also a “well known and respected” litigator and a specialist in IP and licensing transactions and strategic counselling.
Toronto-based Patrick Kierens is the head of the pharmaceuticals and life sciences group at Norton Rose OR LLP and enjoys a “stellar reputation” both as an IP litigator and a trademark and patent agent. Brian Gray is another “world class” name in Toronto, representing clients in the TMT, pharma, retail and consumer products sectors in IP disputes before the Federal and Ontario courts. In the Montreal office, the “brilliant” Judith Robinson is praised by respondents to our survey for her patent litigation and ADR work as well as her expertise in administrative law and IP rights. Brian Daley is the Montreal chair of the firm’s IP group and focuses his practice on IP litigation at appellate, trial and Supreme Court level.
Harry Radomski leads the IP litigation group at Goodmans LLP and he is recognised for his patent disputes work before the Supreme Court as well as his “considerable” health-care and competition knowledge. Dino Clarizio’s practice centres on patent disputes and pre-litigation advisory work for clients in the chemical and pharmaceutical sectors. Andre Brodkin heads the firm’s litigation group and has a “broad-based” disputes practice with a “strong” focus on representing pharma companies in IP matters.
Daniel Bereskin QC, founding partner of Bereskin & Parr LLP, is an “international superstar” according to sources who recognise his work in high-level, complex IP litigation, arbitration and mediation as “ground breaking”. Robert MacFarlane heads the firm’s litigation practice and boasts more than 30 years of experience acting in IP and confidential information cases.
Both of Dimock Stratton LLP’s name partners make an impact in this chapter. Ron Dimmock handles patent infringement, licensing and validity disputes, including trials before the federal courts and appeals before the Supreme Court. Bruce Stratton is a registered patent agent alongside being a “hard-nosed” and “resourceful” litigator, and he frequently acts for domestic and foreign clients in the communications and high-tech sectors.
Two “first rate” lawyers rank highly from Torys LLP. Andrew Shaughnessy has represented clients in a broad range of complex IP disputes, both in litigation and arbitration. Peter Wilcox is noted for his pharma and biotechnology patent litigation and compliance proceedings.
Jonathan Stainsby leads the intellectual property litigation team at Heenan Blaikie LLP and has represented clients from a wide range of sectors before the Ontario and Federal courts as well as assisting with pre-trial remedies and applications for judicial review. Litigator and patent and trademark agent Bill Mayo is also lauded by peers who describe his work for pharma companies as “outstanding”.
William Richardson of Baker & McKenzie is a “well reputed” name in pharmaceutical patent litigation having acted for industry giants such as Merck¸ Abbott Laboratories and Schering-Plough in recent matters. Sheldon Burshtein of Blake Cassels & Graydon LLP has “great” expertise in patent clearance, prosecution, acquisition, enforcement matters and commercial transactions as well as “impressive” ADR skills. Robic LLP fields François Grenier, whose IP and competition disputes work is “second-to-none” according to one source. Douglas Deeth is a founding member of Deeth Williams Wall LLP and his practice combines “excellent” litigation abilities with a “good reputation” for drafting and negotiating licence and product development agreements. “Leading” litigator Anthony Creber of Gowling Lafleur Henderson LLP recently acted in Schmeiser v Monsanto and counts Eli Lilly, Novartis and GlaxoSmithKline among his clients.
Osler Hoskin & Harcourt LLP’s David Aitken frequently handles complex patent litigation under the patented medicines regulations and his recent engagements include Pfizer Canada Inc v Novopharm Ltd and Pfizer Limited v Ratiopharm Inc. Donald MacOdrum at McMillan LLP specialises in civil litigation and commercial contract matters and he is “internationally recognised and respected” by respondents to our survey. Steven Mason co-chairs the Toronto litigation group of McCarthy Tétrault LLP and is renowned for his work as lead counsel in high profile patent infringement cases as well as his regulatory expertise. Gardiner Roberts LLP’s “very accomplished” Carol Hitchman comes recommended for her pharmaceutical patent disputes work. Donald Cameron of Cameron MacKendrick LLP is a “very well established” figure in the Canadian IP marketplace and has been involved in numerous precedent-setting matters in his “distinguished” career, including the country’s first DNA patent trial and appeal. IP-focused Belmore Neidrauer LLP sees founder Neil Belmore rank highly, with peers praising his “top tier” litigation practice.