Provided by Brian Daley
Brian Daley practises intellectual property law, with a focus on patents, trademarks and litigation at the trial, appellate and Supreme Court levels. He has particular experience in regulatory matters and litigation involving mechanical, medical device and pharmaceutical patents. He worked as an engineer for four years before studying law.
Mr. Daley is often retained to act as lead counsel on complex patent litigation and has been recognized as one of Canada’s leading lawyers in this area. This includes patent infringement actions as well as summary proceedings under Canada’s Patented Medicines (Notice of Compliance) Regulations. He has also successfully defended damages claims brought by generic pharmaceutical companies who claim to have been kept off the market because of proceedings brought by patentees.
Mr. Daley recently led a team that obtained an important victory in the Federal Court of Appeal in defence of a patent infringement action against a Canadian company specializing in dry eye diagnosis and management. He also defeated motions for interim and interlocutory injunctions.
Brian Daley is an experienced IP litigator, noted for his role in significant pharmaceutical patent lawsuits. He is based on Montréal.