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, Ms. Nicola 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, Ms. Nicola works collaboratively with counsel and client contacts in those jurisdictions to ensure consistency in strategic approach.
Ms. Nicola 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 2018 Guides to the World's Leading Women in Business Law and their 2013 to 2018 Guides to the World's Leading Patent Practitioners. Ms. Nicola is an active member of the Firm's North American Diversity and Inclusion Committee.
Representative Legal Matters
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.
- Listed in Patent Litigation for Canada, Who's Who Legal 2019
- Recognized lawyer, Legal Media Group's Guide to the World's Leading Women in Business Law, 2013-2018
- Recognized lawyer, Guide to the World’s Leading Patent Practitioners, 2013-2018
- 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 Chairperson
- Canadian Bar Association - Federal Courts Bench & Bar Liaison Committee - National IP Section Representative
- Canadian Bar Association - Court Practice Committee, National IP Section, Member
- Canadian Bar Association - Professional Development Committee, National IP Section - Past Chair, 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
- Ontario~Canada (1992)
- University of Windsor (LL.B.) (1990)
- Dalhousie University (Bachelor of Science Biology) (1986)
Co-presenter, " Risk Assessments & Mitigation Plans: Best Practices & Lessons Learned,” 19th Annual Pharmaceutical & Medical Device Compliance Congress, Washington DC, November 2018
Co-panelist, "Market Access and Reimbursement of Pharmaceuticals", Baker & McKenzie's Annual Global Healthcare Industry Group Meeting, Washington DC, October 2018
Co-presenter, "Navigating the Changing Landscape for Global Patent Enforcement," IP Law & Management Institute, Austin, Texas, November 2017
Co-author, "CBA IP Day Diversity Breakfast," CBA Enews, June 2016
Author, "Canada Chapter: The Regulatory Framework," Baker & McKenzie's Global Handbook Promoting Medical Products, 2016