Kamleh Nicola 2757

Kamleh J. Nicola

Partner
Baker & McKenzie LLP

Biography

Kamleh Nicola is a partner in Baker McKenzie's Toronto office and a member of the North America Healthcare Steering Committee. A litigator whose practice is primarily in intellectual property and dispute resolution, Kamleh has successfully navigated cases through to resolution in a manner that maximizes benefits to her clients. She can efficiently manage the complexities of litigation without losing sight of the overall case strategy, especially where the case is litigated in multiple jurisdictions. In those instances, Kamleh works collaboratively with counsel and client contacts in those jurisdictions to ensure consistency in strategic approach.

Kamleh also assists life science and medical device companies to navigate the complexities of the health regulatory regime and advises corporate directors and senior management on various aspects of governance and compliance. She has been recognized in Legal Media Group's 2013 to 2020 Guides to the World's Leading Women in Business Law and the World's Leading Patent Practitioners, as well as Who's Who Legal (Patents) and IAM Patent 1000 . Kamleh is an active member of the Firm's North American Diversity and Inclusion Committee and Anti-Racism Taskforce.

Practice Focus

Kamleh's practice focuses on intellectual property litigation, with an emphasis on all aspects of patent, trademark and copyright disputes, particularly in the pharmaceutical industry. She also advises clients on the regulatory aspects of pharmaceuticals and medical devices, including strategic advice relating to product approval and launch, marketing, labelling and pricing, governance and compliance. Kamleh works with her clients to minimize risk and navigate the complexities in Canada's regulatory regime.

Representative Legal Matters

  • Represent a Class I railway in a significant patent impeachment proceeding involving eCommerce technology (ongoing).

  • Represented a global pharmaceutical company in an inventorship dispute and successfully negotiated a settlement on behalf of the client in advance of discovery.

  • Represented major pharmaceutical and biologic companies in various patent-related proceedings before the Federal Court and Federal Court of Appeal, including Patented Medicines (Notice of Compliance) proceedings.

  • Represented a global integrated information solutions company in a complex trademark proceeding.

  • Represented various consumer goods and cosmetic companies in trademark infringement and passing off proceedings.

  • Advised pharmaceutical, medical device and biologic companies on localizing policies and procedures to ensure compliance with regulatory requirements; conflict of interest situations involving healthcare professionals; and Patented Medicine Prices Review Board jurisdictional matters, as well as negotiations relating to Voluntary Compliance Undertakings.

  • Advised the Canadian affiliate of a global biopharmaceutical company in preparation of a comprehensive pre-launch risk assessment for a new product.

  • Advised various global healthcare and pharmaceutical companies on the regulatory aspects of corporate transactions.

  • Advised global and North American pharmaceutical and biologics companies on various matters involving licensing disputes.

  • Advised global IT and social media companies on copyright strategy and risk assessment.

Professional Honors

  • Recognized lawyer, Who's Who Legal: Canada 2020, Patents
  • Recognized lawyer, IAM Patent 1000 2020, Litigation
  • Recognized lawyer, Legal Media Group's Expert Guide to the World's Leading Women in Business Law, 2013-2020
  • Recognized lawyer, Legal Media Group's Expert Guide to the World's Leading Patent Practitioners, 2013-2020
  • Twice recognized for being Passionately Client Driven, Baker McKenzie Global Intellectual Property Practice Group

Professional Associations and Memberships

  • Canadian Bar Association – Executive Committee, National IP Section – Past Chairperson
  • Canadian Bar Association – Federal Courts Bench & Bar Liaison Committee – National IP Section Representative
  • Canadian Bar Association – Court Practice Committee, National IP Section – Active Member
  • Canadian Bar Association – Professional Development Committee, National IP Section – Past Chair, Active Member
  • Intellectual Property Institute of Canada – Fellow
  • The Advocates' Society – Member
  • American Bar Association – Intellectual Property Law Section – Member
  • Annual Harold G. Fox IP Moot Competition – Judge

Admissions

  • Ontario~Canada (1992)

Education

  • University of Windsor (LL.B.) (1990)
  • Dalhousie University (Bachelor of Science Biology) (1986)

Publications

  • Lead author, "Canada Chapter," Baker & McKenzie's COVID-19: A Global Review of Healthcare and Life Sciences Industry Issues, 2020

  • Author, "Canada Chapter: Patent Linkage", Baker & McKenzie's Global Patent Linkage Handbook, 2019

  • Co-author, "CBA IP Day Diversity Breakfast," CBA Enews, June 2016