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Cases

Represented Bedessee Imports Ltd. in a proceeding related to the expungement of two registered trade-marks. The decision is reported at 2019 FC 206.

Represented Jiangsu Sainty Sumex Tools Corp. Ltd in a motion to set aside default judgment. The decision is reported at 2017 ONSC 2697.

Application for order prohibiting the Minister from issuing a Notice of Compliance to Hospira for pemetrexed dismissed. The result is reported at 2016 FC 1218

Represented Hospira Healthcare Corporation in a PM(NOC) proceeding against Eli Lilly Canada Inc. in relation to the drug pemetrexed. Hospira's success is reported at 2016 FC 47.

Represented Celltrion Healthcare Co., Ltd. in an application commenced by Janssen pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations in relation to the drug infliximab.  Celltrion's success in the application is reported at 2016 FC 525, affirmed at 2016 FC 651.

Represented Pharmascience in a case pursuant to the Patented Medicine (Notice of Compliance Regulations) in respect of zolpidem. Succeeded on the allegation that the Pharmascience product did not infringe the claims of the patent in issue. The decision is reported at 2016 FC 1362.

Successful appeal of a Federal Court judgment upholding Health Canada’s refusal to list a patent on the Patent Register.

Represented Energizer in an action against Duracell for various claims under the Trade-marks Act and the Competition Act.

Judicial review of decision by the Canadian International Trade Tribunal to dismiss an inquiry into a procurement complaint over the decision to award work valued over $20 million without a separate procurement (pending).

Represented Bedessee Imports Ltd. in a trade-mark opposition to the trade-mark TOPO. The decision is reported at 2014 TMOB 200.

Represented Hospira Healthcare Corporation in a judicial review application regarding the interpretation of section 5(1) of the Patented Medicines (Notice of Compliance) Regulations.

Represented Pharmascience in an appeal of a case pursuant to the Patented Medicine (Notice of Compliance Regulations) in respect of esomeprazole. Succeeded on appeal in reversion prohibition order prohibiting Pharmascience from obtaining its Notice of Compliance. The decision is reported at 2014 FCA 133.

Represented Pharmascience Inc. in an action against Pfizer to recover damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations in relation to the drug pregabalin. Pharmascience's success is reported at 2015 FC 1134.

Represented Victoria's Secret Brand Management , Inc. and Victoria's Secret (Canada) Corp. in resisting a motion that Victoria Secret did not have standing to bring the action for a declaration of non-infringement of several trade-mark registrations. The decision is reported at 2014 FC 76

Represented Pharmascience Inc. in a patent infringement action brought by Apotex in relation to the drug quinapril.

Represented the Canadian Generic Pharmaceutical Association in its opposition to Pfizer's application to register the colour, shape and size of its Viagra (sildenafil) tablets as a trade-mark.  The Canadian Generic Pharmaceutical Association's successful opposition is reported at 2013 TMOB 27.

Represented the defendant and plaintiff by counterclaim in a four-week patent infringement, passing off and copyright infringement trial relating to a pharmaceutical pill dispenser. The decision is reported at 2013 FC 1043.

Represented Hospira Healthcare Corporation in a patent impeachment/patent infringement action against Kennedy et al. in relation to the drug infliximab. Hospira's success is reported at 2015 FC 1292.

Represented Pharmascience in a case pursuant to the Patented Medicine (Notice of Compliance Regulations) in respect of pregabalin. Succeeded on the allegation that the patent in issue was invalid. The decision is reported at 2013 FC 120.

Represented Laboratoire Riva Inc. in a patent infringement action brought by Sanofi in relation to the drug clopidogrel.

Represented Pharmascience Inc. in a patent infringement action brought by Sanofi in relation to the drug clopidogrel.

Represented Bedessee Imports Ltd. in a trade-mark opposition regarding the trade-mark DEMERARA GOLD for use with sugar and glucose. The decision is reported at 2014 TMOB 101.

Represented Pharmascience Inc. in an action against Merck to recover damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations in relation to the drug finasteride.

Represented Pharmascience Inc. in an action against Schering to recover damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations and for patent infringement and invalidity in relation to the drug desloratadine.

Represented a group of generic companies. Succeeded in expunging a trade-mark registered for the appearance of inhalers.

Represented Sandoz Canada Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to Fournier's Lipidil EZ (fenofibrate) product.  The dismissal of Fournier's application is reported at 2012 FC 740.

Represented Sandoz Canada Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to Fournier's Lipidil EZ (fenofibrate) product.  The dismissal of Fournier's application is reported at 2012 FC 741.

Represented Pharmascience Inc. in an action against GlaxoSmithKline to recover damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations in relation to the drug valacyclovir.

Represented Sandoz Canada Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to AstraZeneca's Atacand Plus (candesartan/hydrochlorothiazide) product.

Represented Sandoz Canada Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to AstraZeneca's Atacand (candesartan) product.

Represented Calgary Health Region in a patent infringement action brought by Bayer in relation to the drug ciprofloxacin.

Represented Sunnybrook Health Sciences Centre in a patent infringement action brought by Bayer in relation to the drug ciprofloxacin.

Represented Thunder Bay Regional Health Sciences in a patent infringement action brought by Bayer in relation to the drug ciprofloxacin.

Represented Pharmascience Inc. et al. in a patent infringement action brought by GlaxoSmithKline Inc. et al. relating to the drug valacyclovir.

Represented Sandoz Canada Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to Merck’s Cosopt (dorzolamide/timolol) product.

Represented Sandoz Canada Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to Merck’s Trusopt (dorzolamide) product.

Represented Novopharm Ltd. and Apotex Inc. in their opposition to Pfizer’s applications to register the colour, shape and size of its Viagra (sildenafil) tablets as trade-marks. Novopharm Ltd. and Apotex Inc.’s successful oppositions are reported at 2009 CarswellNat 4120, 2009 CarswellNat 5195, 2009 TMOB 180.

Represented Novopharm Ltd. and Apotex Inc. in their opposition to Pfizer’s application to register the colour, shape and size of its Viagra (sildenafil) tablets as a trade-mark. Novopharm Ltd. and Apotex Inc.’s successful opposition is reported at 2009 CanLII 82127.

Represented Sandoz Canada Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to Sanofis Avapro (irbesartan) product.

Represented Sandoz Canada Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to Sanofis Avalide (irbesartan/hydrochlorothiazide) product.

Represented Richards Packaging Inc. in a judicial review proceeding in Federal Court and the Federal Court of Appeal confirming that the disclaimer filed in respect of a patent was effective, thereby overruling the Commissioner of Patents and confirming that the Commissioner or an examiner has no discretion regarding a disclaimer. The decision is reported at 2008 FCA 4.

Represented Laboratoire Riva Inc. in an action against Sanofi to recover damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations in relation to the drug ramipril. The decision is reported at 2011 FC 1469.

Dale represented Canadian Gasket & Supply Inc. in an appeal of a partial summary judgment motion. The decision is reported at 2007 ONCA 894.

Represented generic pharmaceutical manufacturers in an application to expunge the trade-mark registration relating to the colour, shape and size of GlaxoSmithKline's Advair Diskus (fluticasone/salmeterol) product.  The successful expungement of the trade-mark registration is reported at 2010 FC 291, aff'd 2010 FCA 313.

Represented Nissan Canada Inc. Succeeded in opposing a case against Nissan for passing off and trade-mark infringement. The decision is reported at 2007 FCA 255.

Represented Canadian Gasket & Supply Inc. in a motion for summary judgment and appeal thereof in connection with a breach of confidence proceeding.

Represented Hospira Healthcare Corporation in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of patents relating to Sanofi-Aventis' Taxotere (docetaxel) product.  The dismissal of Fournier's application is reported at 2009 FC 1077.

Represented Sandoz Canada Inc. in a judicial review application brought by Bayer regarding the issuance of a Notice of Compliance for Sandoz Canada Inc.'s ciprofloxacin intravenous product.  The dismissal of Bayer's application is reported at 2007 FC 590, aff'd 2008 FCA 25.

Represented Sandoz Canada Inc. in a patent infringement action brought by Bayer in relation to the drug ciprofloxacin. The decision is reported at 2007 FC 964.

Represented Pharmascience Inc. in an action against Axcan Pharma Inc. to recover damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations in relation to the drug ursodiol.

Represented Sandoz Canada Inc. in an action against Biovail to recover damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations in relation to the drug diltiazem.

Represented Nissan Canada Inc. at trial and on appeal to the Federal Court of Appeal in a trade-mark infringement and passing-off action brought by BMW.  Nissan Canada Inc.'s success at the Federal Court of Appeal is reported at 2007 FCA 255, var'd 2007 FC 262.

Represented Mayne Pharma (Canada) Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations relating to Pfizer’s Camptosar (irinotecan) product. The decision is reported at 2005 FCA 396.

Represented Pharmascience Inc. in an action against GlaxoSmithKline to recover damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations in relation to the drug carvedilol. The decision is reported at 2007 FC 1261.

Represented Pharmascience Inc. in a proceeding under the Patented Medicines (Notice of Compliance) Regulations regarding the invalidity and non-infringement of a patent relating to Axcan's Urso (ursodiol) product.  The dismissal of Axcan's application is reported at 2005 FC 1231.

Represented Novopharm Ltd. Appeared before the Supreme Court of Canada which clarified the law on utility of patents. The decision is reported at 2002 SCC 77.

Represented the International Taekwon-do Federation and the Canadian Taekwon-do Federation International in an application to expunge a trade-mark registration.  The International Taekown-do Federation and the Canadian Taekwon-do Federation International's successful expungement of the trade-mark registration is reported at 2006 FC 1459.

Represented an unnamed magazine publisher in cancellation proceedings relating to a trade-mark registered by another entity for a magazine. The decision is reported at 2001 FCA 66.

Represented opponent Allianz Life Insurance Company of North America in a trade-mark opposition for MATURLIFE for insurance services.

Represented Continental General Tire Canada Inc. in a trade-mark opposition that was then appealed to Federal Court involving a trade-mark used with a vehicle tire. The decision is reported at 2007 CanLII 80909.

Represented Trade-mark opposition relating to a trade-mark used in association with magazines.

Represented a group of generic companies. Succeeded in opposing registrations for the appearance of pharmaceuticals.

Represented Hearst Communications, Inc. in an action for finding of invalidity and unenforceability of official mark trade mark THE AGORA COSMOPOLITAN (CANADA'S PREMIER NEWS MAGAZINE); Section 9 mark held invalid and unenforceable.

Represented Perks Coffee Habit Limited in a trade-mark opposition for trade-mark PERCS & Design for coffee. The decision is reported at 1998 CanLII 18572.

Represented applicant Polaroid Corporation in a trade-mark opposition for trade-mark DRY TECH. The decision is reported at 1997 CanLII 15875.

Represented appellant/applicant Zervas in a trade-mark opposition appeal for the trade-mark 007 PIZZA & SUBS. The decision is reported at 1996 CanLII 11415.