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 of experience in the highly specialised field of pharmaceutical patent, trademark and related litigation.
He has been described by independent IP lawyers’ reviewers as “one of the best patent litigators since the industry began”, an “IP Star” and a “Life Science Star”. Among his many accolades, he has been recognised as one of the world’s leading life sciences patent litigators, an outstanding biotechnology lawyer and in the world’s top 30 patent attorneys. He has appeared as lead counsel in numerous IP cases before the Ontario and federal courts and the Supreme Court.
Mr Gaikis was counsel in the earliest cases commenced under the Patented Medicines (Notice of Compliance) (NOC) Regulations in 1993 and over the past 20-plus years he has continued to represent innovators in numerous precedent-setting decisions in NOC and related litigation. He has also shaped the law through his trial and appellate work in pharmaceutical patent litigation. His work includes 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 pharma 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, the Patented Medicine Prices Review Board, 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.