Partner at Smart & Biggar
Gunars Gaikis is one of Canada’s premier and most experienced life sciences IP litigators. He is a partner in Smart & Biggar’s Toronto office and has more than 30 years’ experience in the highly specialised fields of pharmaceutical patent, trademark and related litigation.
Mr Gaikis has been described by independent IP lawyer reviewers as “one of the best patent litigators since the industry began”. He is recognised as one of the world’s foremost experts in Who’s Who Legal: Thought Leaders 2019, was named Best Lawyers’ 2017 Toronto Biotechnology Law Lawyer of the Year and is recognised among the top 30 patent attorneys in the world by Expert Guides: Best of the Best.
Mr Gaikis was counsel in the earliest cases commenced under the Patented Medicines (Notice of Compliance) Regulations in 1993 and over the past 20-plus years has continued to represent innovators in numerous precedent-setting decisions, shaping the law through his trial and appellate work in pharmaceutical patent litigation. His work includes the protection of IP assets relating to esomeprazole, omeprazole, ramipril, lisinopril, trastuzumab, ciprofloxacin, ranitidine, naproxen and doxorubicin. He was lead counsel on the Smart & Biggar team which successfully represented AstraZeneca in a landmark pharmaceutical patent case in which the Supreme Court of Canada struck down the utility promise doctrine and upheld AstraZeneca’s NEXIUM patent as useful.
He regularly counsels clients in pharmaceutical patent procurement, data protection, Patented Medicine Prices Review Board matters, IP lifecycle management and drug regulatory matters and provides invaluable pre-litigation advice and due diligence.
As a licensed pharmacist who has completed a residency programme in clinical pharmacy, Mr Gaikis has significant knowledge of medical, biotechnology and pharmaceutical matters, including the relevant regulatory issues. This background – coupled with his vast expertise in complex life sciences patent litigation – makes Mr Gaikis an invaluable asset to clients operating in these fields.