Pharmaceutical Litigation | 15
LITIGATION IN
THE LIFE SCIENCES
LEGAL DISPUTES, BUT NOT CLARITY IN
THE LAW, ARE AN INESCAPABLE REALITY
IN THE LIFE SCIENCES SECTOR By Bev Cline
ENFORCING AND MAINTAINING patents is crucial in the life science sector; in the drug sector, brand pharmaceutical and generic companies
spar frequently and repeatedly over them. "I would estimate pharma patent litigation, whether by number of cases, number of lawyers involved and/
or amount of money involved, is one of the largest categories of commercial litigation in Canada," says Gunars Gaikis, a partner at Smart & Biggar/
Fetherstonhaugh in Toronto.
Patent litigation "is a reality of business life in the pharmaceutical sector,"
given there's so much at stake, says Gaikis, whose practice focuses on pharma
patent litigation on behalf of the brand companies. According to Industry
Canada, pharmaceutical sales in Canada have a 2.6 per cent share of the
global market, making Canada the eighth-largest world market. Its 6.4 per
LEXPERT®Ranked Lawyers
Fanaki, Adam F.
Ferland, Denis
Fien, Cy M.
Finkelstein, Neil
Finlay, QC, Bryan
Davies Ward Phillips &
Vineberg LLP
Davies Ward Phillips &
Vineberg LLP
Fillmore Riley LLP
McCarthy Tétrault LLP
WeirFoulds LLP
Torys LLP
(416) 863-5564
afanaki@dwpv.com
(514) 841-6423
dferland@dwpv.com
(204) 957-8348
cyfien@fillmoreriley.com
(416) 601-7611
nfinkelstein@mccarthy.ca
(416) 947-5011
bfinlay@weirfoulds.com
(416) 865-8113
pflaherty@torys.com
Mr. Fien has an
extensive taxation law
practice, focusing on
corporate tax, estate
planning and income
tax litigation.
Mr. Finkelstein's national
litigation practice
focuses on competition,
securities, pension,
commercial and class
actions cases. He has
appeared in numerous
trials, appeals and
hearings at all levels of
court including the SCC,
and before tribunals.
Mr. Finlay's trial and
appeal practice engages
complex commercial,
constitutional, tort and
public law issues.
Practice focuses on
civil litigation, with an
emphasis on corporate/
commercial, product
liability, class-action
defence, intellectual
property, information
technology, privacy
and media law.
Mr. Fanaki has
represented private
parties and the
Commissioner of
Competition in
significant litigated
proceedings. He
previously acted
as Senior Deputy
Commissioner of
Competition and as
Special Counsel to
the Commissioner
of Competition.
Mr. Ferland focuses
on bankruptcy
and insolvency
law, corporate
reorganization,
commercial law,
financial services and
commercial litigation,
and has experience
in insolvency and
restructuring matters
for Canada's largest
financial institutions.
Flaherty, Patrick D.
