Intellectual Property: Litigation
Canada Guide 2025 : Nationwide - Canada
Band 2
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+1 416 865 0040About
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
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 law 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
- Torysdefended LiquidPower Specialty Productsin patent impeachment and infringement actions.
Strengths
Provided by Chambers
"They take the time to learn the business and to work with the client to achieve the result that they are after."
"Torys reply quickly and provide clear communication."
"Torys excel at effectively handling complex matters."
"Their team includes members with both scientific and legal expertise."
"The firm has very experienced senior professionals with deep industry insight."
"They take the time to learn the business and to work with the client to achieve the result that they are after."
"Torys reply quickly and provide clear communication."
"Torys excel at effectively handling complex matters."
"Their team includes members with both scientific and legal expertise."
"The firm has very experienced senior professionals with deep industry insight."
Notable Practitioners
Andrew Shaughnessy is a highly experienced intellectual property litigator with an impressive track record of representing clients in the pharmaceutical and biotechnology sectors.
"Andrew excels at delivering both highly strategic and highly pragmatic legal advice."
"His advice is extremely business-oriented."
"Andy is a knowledgeable and experienced litigator and a pleasure to work with."
Eileen McMahon has cultivated an outstanding reputation in the life sciences sector, with a knowledge base spanning issues from patent filing and prosecution to regulatory compliance and pricing.
"Eileen is a leading voice in Canadian pharmaceutical IP. She is a wonderful resource and a pleasure to work with."
"She is a great partner and provides value for my team."
"Eileen is unmatched in terms of industry experience and insight into the pharmaceutical environment."
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.
"Andrew is a pleasure to work with. His knowledge about court decisions is unsurpassed."
"Andrew Bernstein is intelligent and has got a strong knowledge of the law."
Edward Fan is an accomplished patent and trade mark expert with proficiency in strategy, protection and the acquisition of intellectual property.
"Edward gets our business and provides guidance that makes practical sense."
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.
Yael Bienenstock has a strong reputation in the field of intellectual property litigation, particularly for her role in major patent infringement lawsuits in the pharmaceutical sector.
"Yael is smart, responsive and keen on coming up with unique strategies in line with clients' goals."
"She provides thoughtful advice and is a pleasure to work with."
Nicole Mantini is a well-regarded lawyer who has notable experience assisting pharmaceutical clients with patent disputes.
"Nicole is very responsive and client-oriented. She provides strong advice."
"Nicole is creative and an incredibly hard worker."
Senior associate Melanie Rowand is a lawyer and registered patent agent, and clients benefit from her scientific background. She handles the full gamut of patent filing, prosecution, strategy and enforcement, as well as pricing issues.
"Melanie is a pleasure to work with and provides thorough and thoughtful advice."
Sue Fei is a highly regarded senior associate who is significantly experienced in patent and trade mark filings and oppositions for clients across a broad range of sectors, including manufacturing and pharmaceuticals.
"Sue has great drafting and prosecution skills."
Ranked Lawyers at
Torys LLP
Nationwide - Canada
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Provided by Torys LLP
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