Intellectual Property | 21
Hunter, QC,
Lawson A.W.
Stikeman Elliott LLP
(613) 566-0527
lhunter@stikeman.com
Mr. Hunter advises
Canadian and
multinational companies
on all aspects of
federal regulatory law
and policy, including
competition, foreign
investment legislation,
international trade and
telecommunications.
Jackson, Patricia D.S.
Torys LLP
(416) 865-7323
tjackson@torys.com
Senior trial and appellate
counsel with a broad
litigation practice that
includes corporate
commercial, class actions,
defamation, securities,
administrative law,
intellectual property,
professional negligence
and general counsel
work.
Jervis, Peter R.
Rochon Genova LLP
(416) 363-1867
pjervis@
rochongenova.com
Mr. Jervis is senior
counsel at Rochon
Genova LLP. His practice
involves class action,
securities, commercial,
fi nancial, constitutional
and administrative
law litigation. He has
appeared before tribunals
and courts across Canada,
including the SCC.
Iacobucci, QC, Frank
Torys LLP
(416) 865-8217
fi acobucci@torys.com
Joined Torys as Counsel
in September 2004 after
retiring as a Justice of
the Supreme Court of
Canada. In 2004, he
also began serving as
Interim President of the
University of Toronto,
and assumed a full-time
senior advisory role at
Torys in July 2005.
Jamal, Mahmud
Osler, Hoskin &
Harcourt LLP
(416) 862-6764
mjamal@osler.com
Mr. Jamal's national
litigation practice
includes class actions,
banking, constitutional,
Aboriginal, competition,
pension, tax, copyright
and other regulatory
cases before trial and
appeal courts across
Canada.
Jilesen, Monique
Lenczner Slaght Royce
Smith Griffi n LLP
(416) 865-2926
mjilesen@litigate.com
Ms. Jilesen's commercial
litigation trial practice
includes complex
contract and shareholder
disputes, class actions,
civil fraud, bankruptcy
and insolvency matters,
securities and derivatives
cases, and professional
liability.
LEXPERT®Ranked Lawyers
BRING UP THE subject of intellectual property litigation and everyone wants to
talk about high-profi le and hotly contested pharma litigation. "Since the inception of
the Patented Medicines Notice of Compliance (PMNOC) Regulations in 1993, phar-
ma cases have dominated the IP litigation landscape in Canada," says David Aitken,
managing partner of boutique IP litigation law fi rm Aitken Klee LLP in Ottawa. But
going forward, says Aitken, "I think we are going to start to see non-pharma cases take a
larger share of the legal IP litigation spend in the coming years."
ere are a number of factors conspiring to reduce drug litigation, he says, including
the so-called "patent cliff " as many of the patents covering the "blockbuster" drugs were
fi led in the early to mid 1990s and are expiring over the next few years. While many less
signifi cant drugs remain under patent protection, the smaller dollar amounts at issue
provide less incentive to fi ght protracted and expensive legal battles. In addition, "re-
cent regulatory changes have reduced the pricing of generic drugs, which again makes it
more diffi cult to justify the cost of patent litigation," he says.
Steven Garland, managing partner of the Ottawa offi ce of Smart & Biggar/Fether-
stonhaugh, says, in his practice, he's "certainly seeing more non-pharma litigation.
NON-PHARMA LITIGATION, LIKE OIL & GAS AND
TRADE-MARKS, IS A GROWING PART OF CANADIAN
INTELLECTUAL PROPERTY DISPUTES By Bev Cline
MOVE
OVER PHARMA
