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 Co-Chair of the Anti-Racism Taskforce.
Representative Legal Matters
Represented a Class I railway in a significant patent impeachment proceeding involving eCommerce technology and successfully negotiated a settlement in advance of trial.
Represented a global pharmaceutical company in an inventorship dispute and successfully negotiated a settlement 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.
Advised global healthcare and pharmaceutical companies on the regulatory and IP aspects of corporate transactions, including global re-organizations and post-transaction integrations.
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 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.
- Best Lawyers in Canada 2022, Biotechnology Law & IP Law
- Shortlisted, Patent Lawyer of the Year, Women in Business Law Awards Americas 2021-2022
- National leader & recommended lawyer, Who's Who Legal: Canada 2020-2022, Patents
- Leading lawyer, IAM Patent 1000: The World's Leading Patent Professionals, 2020-2022, Litigation
- Recognized lawyer, Legal Media Group's Expert Guide to the World's Leading Women in Business Law, 2013-2022
- Recognized lawyer, Legal Media Group's Expert Guide to the World's Leading Patent Practitioners, 2013-2022
- 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 – Past Chairperson and 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
- University of Windsor (LL.B.)
- Dalhousie University (Bachelor of Science Biology)
- Quoted, "Trial by zoom: ready or not, court proceedings are going virtual," ITbusiness.ca, 18 June 2020
- Quoted, "Concerns over time extensions," Canadian Bar Association's National Magazine," 5 June 2020
- Canada - Nice Classification Now Accepted for Trademark Applications
- Quebec Intends to Change Laws to Require French on Exterior Signs Displaying Non-French Trademarks
- Lead author, "The Pharmaceutical Intellectual Property and Competition Law Review: Canada" , The Law Reviews, September 2021
- Lead author, "Canada Chapter," Baker McKenzie's COVID-19: A Global Review of Healthcare and Life Sciences Industry Issues, 2020