Representative Legal Matters
Acted on behalf of a biotech start-up as a claimant against a private equity investor who breached an investment agreement to fund a Phase 2 clinical trial for a novel compound. Arbitrated before a single arbitrator under domestic arbitration legislation. Successful in obtaining an award equal to the PE investor's committed investment.
- Acted for a Norwegian based clinical stage biotech, as claimant, in an International Commercial Arbitration before a three person panel against the licensor of a key compound, seeking a declaration confirming our client's interpretation of the License Agreement. Successful. Value of claim USD 1 billion.
Patent Litigation - three "Case of the Year"
Defended the world's largest oil and gas company in two significant patent infringement actions in Canada involving automotive lubricants, resulting in a successful resolution of the patentee's claim for $1B in damages.
Successfully represented the patent holder, one of the world's largest multinational consumer goods companies, against its most significant global competitor, involving patented break-through technology, resulting in a finding of infringement for 17 years and upholding the validity of the patent.
- Represented a multinational brand pharmaceutical company in a landmark patent infringement action against Canada’s largest generic drug manufacturer, successfully upholding the patent’s validity after a 16-week trial and resulting in one of the largest damages awards in Canadian patent litigation history.
Other Patent Litigation Matters
Defeated a generic manufacturer's claim for damages under Section 8 of the Patented Medicines (Notice of Compliance) Regulations.
Represented a multinational brand pharmaceutical company in defense of a claim for damages allegedly caused by mis-labelling of an OTC product. Claim dismissed.
Counsel to a multinational brand pharmaceutical company in proceedings under the Patented Medicines (Notice of Compliance) Regulations against multiple Canadian generic drug manufacturers involving patents covering a leading antibiotic. Obtained an order prohibiting market entry until patent expiry.
- Successfully represented a multinational brand pharmaceutical company in patent infringement proceedings involving a 'block buster' anti-hypertensive medication against Canada's largest generic drug manufacturer. Successful in having Health Canada repeal the generic's market authorization.
Representative Trademark litigation matters
- Represented several major multinational consumer brand companies in trademark cases before the Federal Court, the Ontario Superior Court, as well as the Trademarks Office involving consumer goods, food and beverages, personal goods (e.g., mouthwash), apparel, etc.
Professional Associations and Memberships
- The Sedona Conference - Patent Damages and Remedies (WG 9) and Patent Litigation Best Practices (WG 10)
- Canadian Bar Association - Member - IP Branch
- Intellectual Property Institute of Canada - Member
- The Advocates' Society - Member
- Chartered Institute of Arbitrators (CIArb) - International Arbitration - Fellow
- American Bar Association - Member, Patent Litigation Comm.
- Law Society of Ontario - Member
- Director, The Princess Margaret Cancer Foundation - One of the World's 'Top 5" Cancer Research Centers. (Vice-Chair Granting Comm. and Member, Governance Comm.)
- Member - Dalhousie University's $250 million capital campaign
- Ontario~Canada (1986)
- Dalhousie University (LL.B., Class President) (1984)
- Dalhousie University (Bachelor of Commerce - Honors,, Recipient Killam Trust Scholarship and other academic awards) (1981)
- Co-editor and author, Canada chapter, Global Patent Litigation Handbook Second Edition, Baker McKenzie
- Lecturer, "Patent Law," University of Toronto, Faculty of Law, 2010 to present
- Author, Chapter 8 - "Patent Validity - Latent Defects," Judicial Institute and Federal Court of Canada Handbook, 2020