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2
Canada Guide 2023
Nationwide - Canada Intellectual Property
2
Band 2

6 Ranked Lawyers

About

Provided by Torys LLP

Business-minded counsel supported by wide-ranging technical skills and industry savvy make us trusted partners to our clients in the management of their intellectual property assets and regulatory affairs in Canada, the U.S. and internationally.

We rigorously focus on our clients’ business to guide them through every dimension of their IP rights: across transactions, IP agreements and disputes, we deliver strategic and effective solutions. We are recognized for our broad technical skills and legal acumen on the creation, acquisition, registration, portfolio management, exploitation, enforcement and protection of our clients’ IP rights—as well as in responding effectively to the IP rights and claims of others.

Many of our practitioners have advanced scientific or engineering degrees in various disciplines, resulting in scientific fluency that allows us to transform complex concepts into tailored and practical opinions and persuasive advocacy.

Our litigators are adept at both working with our clients' technical specialists and supplementing those resources with leading, independent technical experts. We have acted in over 100 cases in the Federal Court of Canada involving pharmaceutical and medical device patents, including data protection cases, PM(NOC) cases, PMPRB cases, infringement and impeachment actions, patent listing disputes and section 8 damages cases. We also regularly deal with novel copyright issues, involving complex facts and difficult issues of law.

Chambers Review

Provided by Chambers
Intellectual Property: Litigation - Nationwide - Canada
2
Band 2
What the team is known for

The intellectual property team at Torys is experienced in a broad range of litigation and commercial matters for a variety of prominent clients, including those in the chemical, banking, pharmaceutical and life sciences sectors. The Toronto-based firm also handles an array of regulatory, prosecution and advisory work, including complex patent and copyright issues. It is also noted for its deep expertise in portfolio management and for its work on trade mark mandates.

Work Highlights

Provided by Torys LLP
  • Torys represented LiquidPower Specialty Products (LSPI) in a patent impeachment action commenced by Flowchem, as well as infringement litigation relating to drag reduction additive products.

Notable Practitioners

Provided by Chambers
Eileen M McMahon
N
Eileen M McMahon
1
Band 1

Eileen McMahon has cultivated an outstanding reputation in the life sciences sector, with a knowledge base spanning issues from patent law and licensing to regulatory compliance and pricing.
"She is a great patent lawyer with huge experience." "Eileen is very knowledgeable and comes informed to every discussion with a strategy in mind."

Andrew M Shaughnessy
N
Andrew M Shaughnessy
1
Band 1

Andrew Shaughnessy is a highly experienced intellectual property litigator with an impressive track record representing clients in the pharmaceutical and biotechnology sectors.
"He adds value to every meeting he participates in." "He provides excellent business-oriented and results-driven advice."

Andrew E Bernstein
N
Andrew E Bernstein
2
Band 2

Andrew Bernstein has an impressive pedigree in contentious intellectual property proceedings, playing an important role in high-profile patent disputes. He also has an active commercial litigation practice.
"He is an excellent advocate. If you go up against him in court, you know it's going to be a battle."

Edward Fan
N
Edward Fan
3
Band 3

Edward Fan is an accomplished patent and trade mark expert, with a proficiency in strategy, protection and the acquisition of intellectual property.
"I have found Ed to be approachable and with a deep understanding of Canadian patent law." "He gets things done, no matter how complicated the issue is."

Michelle Nelles
N
Michelle Nelles
3
Band 3

Michelle Nelles is an established intellectual property lawyer with a strong focus on Canadian trade mark law. She advises many impressive domestic names in the retail sector on matters ranging from registration to protection of trade marks.
"Her guidance is always spot on." "She is extremely responsive and provides business-practical advice."

Yael Bienenstock
N
Yael Bienenstock
4
Band 4

Yael Bienenstock has a growing reputation in the field of intellectual property litigation, particularly for her role in major patent infringement lawsuits in the pharmaceutical sector.
"Yael has never been anything but excellent."

Ranked Lawyers at
Torys LLP

Provided by Chambers
Filter by
Band

Nationwide - Canada

Intellectual Property

Eileen M McMahon
1
Eileen M McMahon
1
Band 1
Edward Fan
3
Edward Fan
3
Band 3
Michelle Nelles
3
Michelle Nelles
3
Band 3
Intellectual Property: Litigation

Andrew M Shaughnessy
1
Andrew M Shaughnessy
1
Band 1
Andrew E Bernstein
2
Andrew E Bernstein
2
Band 2
Yael Bienenstock
4
Yael Bienenstock
4
Band 4

Members

Provided by Torys LLP