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Canada: Patents 2016

Our 2016 edition lists 66 experts in patent matters who handle a range of filing, prosecution, litigation and portfolio management work for their clients.

Most Highly Regarded Individuals
Ronald Dimock Dimock Stratton, Toronto
Andrew Shaughnessy Torys, Toronto
Sheldon Hamilton Smart & Biggar/Fetherstonhaugh, Toronto
Donald Cameron Bereskin & Parr, Toronto
Anthony Creber Gowling WLG, Ottawa

IP specialists Smart & Biggar/Fetherstonhaugh lead our listings this year with a remarkable 11 lawyers recommended. The “amazing” Sheldon Hamilton is a standout patent litigator who handles a wide array of complex disputes, with particular expertise in pharmaceutical matters. Ottawa-based Steven Garland brings extensive experience to his broad-based IP practice. He covers litigation involving biotechnology, chemical and industrial patents, among others and regularly appears before state and federal courts at trial and appellate level. Gunars Gaikis is identified by interviewees as a “top lawyer for pharmaceutical litigation”, thanks to his background as a licensed pharmacist. He has 25 years of experience in the area. “Seasoned practitioner” François Guay has a standout litigation and advisory practice in the patent arena, regularly acting for a range of household names. Daphne Lainson is well regarded for her expertise as a patent agent obtaining patent protection for clients across a spectrum of areas including medical devices, pharmaceuticals and agrochemicals. Yoon Kang in Toronto is a “highly experienced” practitioner who handles a wide range of patent prosecution and litigation work. She predominantly practises in the life sciences field. Firm managing partner Ronald Faggetter possesses deep expertise in mechanical and electrical patent matters. He has notable expertise in US-related patent prosecution.

Gowling WLG is another firm that has had an impressive year in the area, with nine of their lawyers listed below. The “terrific” Anthony Creber is “the top patent litigator in Canada” according to one interviewee, who adds: “His experience and knowledge in intellectual property law surpasses everyone else and he has consistently been the lead litigator on seminal cases.” His practice features an emphasis on pharmaceutical and chemical patents. John Norman in the firm’s Ottawa office advises domestic and international clients on a variety of patent matters. He is particularly notable for his “detailed approach” to litigation. Marc Richard is an “excellent litigator” with extensive experience in federal and state courts in patent cases involving diverse areas such as oil and gas, pharmaceuticals and agriculture. Jennifer Wilkie gains numerous nominations for her “exceptionally proficient” practice, which features a focus on chemical and pharmaceutical patents. Christopher Van Barr is highlighted by commentators as a “very smart litigator” who regularly handles complex litigation involving patents in the IT, aerospace and pharmaceuticals industries. Scott Jolliffe boasts “just incredible experience” across the intellectual property space, with patents a major part of his practice. In addition to litigation, he also acts as a mediator in patent disputes. Brian Kingwell is a “highly recommended practitioner” who “stands out for his biotech work” according to impressed sources. His counselling and prosecution practice covers a wide range of areas such as biochemistry, chemical engineering and molecular biology. Pharmaceuticals and biotech expert Patrick Stewart Smith is “one of the very best” for patent work in Canada. His deep experience includes over 100 reported decisions. The Vancouver-based Scott Foster offers clients expertise in cross-border patent disputes, with experience assisting clients in both Canada and the UK. Matthew Roy has a “very practical approach” and offers “timely advice” to clients who also are “impressed with his ability to quickly understand and describe complex technologies”. He practises from the firm’s Ottawa and Montreal offices.

The exceptional depth of Bereskin & Parr is on show again this year, with eight practitioners mentioned. Donald MacOdrum is “an extremely skilled litigator” in the intellectual property space, according to sources. He handles a wide array of patent validity and infringement cases. Donald Cameron impresses with his “attention to detail and his ability to articulate and simplify complex patent law”. He also stands out for his demeanour, with sources commenting on his “calm reassurance in periods of chaos”. Michael Charles “provides excellent advice” on patent matters, say interviewees, while others note his “outstanding experience and dedicated efforts”. He has particular expertise in the pharmaceuticals industry. The “easy to work with” Andrew McIntosh stands out for his “litigation strategy” and “excellent work product”. His colleague Robert MacFarlane is “one of the most experienced practitioners in patent law”, with wide-ranging expertise covering diverse areas such as oil and gas, telecommunications and chemical manufacturing. Daniel Bereskin QC is an “incredibly highly regarded senior lawyer” with over 50 years’ experience and near-unmatched expertise in the intellectual property field.

Four practitioners from Goodmans are recommended. Richard Naiberg is cited as a “brilliant legal mind” by impressed sources for his work in the patent area, which features a particular focus on regulatory matters relating to patented medicines. Harry Radomski is also an expert in regulatory matters and regularly acts for generic clients in the pharmaceutical arena.

Andrew Shaughnessy at Torys is an “exceptional” partner who was one of the most nominated practitioners in our research this year. He frequently acts for Pfizer in complex pharmaceutical patent matters.

The “just outstanding” Ronald Dimock of Dimock Stratton is regularly seen on prominent patent litigation cases, offering clients over 40 years of experience.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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