Aitken Klee LLP

IAM Research

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Gold - Firms: litigation

Elite litigation firm Aitken Klee is home to a crew of seasoned trial lawyers who are resolutely focused on securing the best results for their life sciences and high-tech following, whether at home or abroad. Lately, Marcus Klee and Jonathan Stainsby have been staunchly defending Pharmascience against Eli Lilly in an infringement claim. Managing partner Klee has several landmark judgments to his name; while Stainsby’s contentious prowess extends to employment and other commercial disagreements too. IAM Patent 1000 newcomer Scott Beeser has rare experience as the first biopharmaceutical patent attorney at an international generic drug manufacturer, which he has leveraged to chalk up an enviable track record in litigation under the Patented Medicines (Notice of Compliance) (PM(NOC)) Regulations. He recently teamed up with Stainsby to successfully defend Taro Pharmaceuticals against an infringement claim, the result of which allowed Taro to enter the market five years before the expiry of its patent. All-rounder Bill Mayo executes a variety of instructions with finesse, from validity opinions to strategic advice; his deep understanding of regulatory issues is a major plus for his life sciences patrons. Neuroscience and biomedical engineering maestro Bryan Norrie has “carved out a real presence at the Bar”. A “brilliant and persuasive litigator”, Michael Crinson has been representing Maoz Betser-Zilevitch in a patent infringement case relating to oil and gas technology.

Firm Profile

Since its inception in 2013, Aitken Klee LLP has consistently been recognised as one of the leading IP litigation firms in Canada. We are the go-to firm when other IP firms need external counsel. We represent clients in all areas of intellectual property, including medical devices, biotechnology, resource industries, consumer goods, food products, aerospace and pharmaceuticals.

Our team has successfully represented clients in high-stakes patent litigation in the natural resources sector involving technology from hard rock directional drilling to oils sands tailings pond remediation. Our lawyers were successful as lead counsel on the seminal case that defined the test for anticipation by prior use in Canada in the context of a patent for a method to remove hydrogen sulphide from natural gas (Baker Petrolite Corp v Canwell Enviro-Industries Ltd, 2002 FCA 158). We represent Coil Solutions Inc in a suit by Varco I/P Inc for infringement of a patented coiled tubing injector system (Varco I/P Inc v Coil Solutions Inc, T-229-18). We represent Aziwell in a patent infringement suit by Devicos AS with respect to directional drilling technology (T-429-18). We successfully represented Thermon Manufacturing Co in resisting an application to amend the named inventors of a patent on pipe heating cable used in mining operations (Drexan Energy Systems Inc v Canada (Commissioner of Patents), 2014 FC 887). We successfully defended Suncor Energy Inc in a patent infringement action in the Federal Court of Canada involving Suncor’s oil sands tailings pond remediation technology.

Aitken Klee also has an unrivalled track record successfully representing pharmaceutical manufacturers in patent litigation under both the Patent Act and the Patented Medicines (Notice of Compliance) Regulations, including at the Supreme Court of Canada. In small molecule drugs, we have taken on some of the most difficult cases, including successfully addressing numerous compound, formulation and use patents on blockbuster drugs. We have also been successful in a number of seminal cases, including defining the requirements of written description and clarifying the meaning of ‘inventive concept’, that continue to shape Canadian patent law and have twice won a prestigious patent case of the year award.

Complementing its litigation experience, our team has the deep technical background required for biopharmaceutical and biosimilar products. Nearly half of our lawyers have a life sciences master’s or doctoral degree, including those with first-hand experience in the expression and high-resolution characterisation of recombinant protein products. Our team was counsel in the first biosimilar litigation in Canada involving filgrastim.

Our lawyers have a long history of representing innovative and successful medical device companies, from large multinational corporations to start-ups. Our lawyers combine their strong technical backgrounds with their world-class litigation experience to achieve creative and successful results for our clients. Our lawyers represent LivaNova and Boston Scientific as its Canadian counsel in a multi-jurisdictional dispute over patents related to transcatheter aortic valve replacement (T-1831-16). We successfully defended WL Gore & Associates in a patent infringement case involving artificial blood vessels against Bard Peripheral Vascular. The corresponding litigation in the United States was described by the court as the most complicated case the court had presided over (T-2105-13).

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