Osler, Hoskin & Harcourt LLP

IAM Research

The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.

Recommended - Firms: transactions

Gold - Firms: litigation

Silver - Firms: prosecution

Ascending to the gold tier this year, Osler Hoskin & Harcourt is going gangbusters in the life sciences right now, securing dozens of client wins and acting on some super-impressive mandates. It recently brought home several victories for Teva and has also been representing Samsung Bioepis against Fresenius Kabi. These success stories were due in no small part to Bradley White, who “runs a top-flight and successful shop. He is one of Canada’s leading and most respected litigators, and deserves only the highest praise”. He regularly pairs up with Nathaniel Lipkus to form an unstoppable duo. An “accomplished trial lawyer with a keen intellect and a strong team player in complex multi-party proceedings”, Lipkis “is always well prepared and super-courteous too”. Vincent de Grandpré and IAM Patent 1000 newcomer Geoffrey Langen make up the rest of the litigation strike force. All four have been coordinating seamlessly to represent Mylan Pharmaceuticals against Eli Lilly, AstraZeneca, Amgen and Takeda. De Grandpré earns further plaudits as “counsel of choice for complex cases and a smart, strategic lawyer who is very comfortable thinking on his feet”. The strengths of transactions whizz W Lee Webster include “his technical expertise, clear and articulate communication, and attention to detail. In negotiations, he is persuasive, knows how to read the room and asserts himself in a way that gets the conversation back on track. Lee really protects his clients’ best interests and ensures they are protected in both the short and long term”.

Firm Profile

With an integrated network of offices in Toronto, Montreal, Calgary, Ottawa, New York and Vancouver, Osler, Hoskin & Harcourt LLP’s team of more than 460 lawyers, patent agents and trademark agents has the breadth and depth of experience to help solve clients’ problems and provide the answers that they need in all areas of business law, including intellectual property.

Strength in intellectual property

Our top-ranked IP team is renowned for its diverse strengths, including IP litigation and patent disputes. We have acted as counsel in complex litigation in every field of intellectual property and before every level of the Canadian courts, and have coordinated and managed prosecution and litigation strategies through multiple jurisdictions. Our international reputation for excellence in Canadian IP patent litigation has been built on our winning litigation record, representing some of the world’s largest generic pharmaceutical, technology, biotech, life sciences, electronics, energy, consumer products and many other international and domestic innovators.

We have extensive experience in drafting, filing, prosecuting and maintaining patent and industrial design applications in Canada and the United States, including for Canadian and multinational companies in medical devices, electronics, consumer products, chemistry, biotechnology, pharmaceuticals, sports, food services and other sectors. We also supervise the filing and prosecution of patent applications outside North America on behalf of clients through our network of foreign associate law firms. The Osler IP team also serves a growing and robust international practice, representing Canadian patent interests of foreign companies.

Osler’s integrated team of professionals is involved in preparing numerous patent infringement and validity opinions, drafting patents and advising on the exploitation of obtaining IP rights with a coordinated worldwide strategy consistent with clients’ commercial business. Our exposure to complex litigation matters has proven invaluable in our drafting and prosecution practices – we are well aware of the many pitfalls to avoid.

Recognition

Osler's Patent team has been recognised as one of the leading practices in Canada by IAM Patent 1000, Chambers Canada, IP StarsThe Canadian Legal Lexpert Directory, The Legal 500 and Benchmark Canada.

Recent notable cases

  • Lead outside counsel to Mylan Pharmaceuticals in connection with numerous complex patent litigation, class action and other matters, including ongoing cases seeking early market entry.
  • Representing Teva Canada in numerous Patented Medicines (Notice of Compliance) Regulations proceedings.
  • Acting in Yves Choueifaty v Attorney General of Canada  an important decision that should help provide clarity on the correct approach to claim construction when a patent application is being prosecuted before the Canadian Intellectual Property Office.
  • Representing Awesense Wireless Inc in a complex patent proceeding before the Federal Court.
  • Representing VMware in a complex technology patent proceeding before the Federal Court.
  • Lead Canadian counsel responsible for the prosecution, management, enforcement and licensing of patent and industrial design portfolios for various leading national and multinational companies, or indirectly through foreign law firms on an agency basis.

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