EXPERT WITNESS
CANADA
Eli Lilly v Government of Canada
Arbitration pursuant to Chapter 11, NAFTA. Delivered two expert reports and gave testimony at Arbitration in Washington DC in May and June 2016 on patent law and practice in Canada.
Eli Lilly Canada Inc, Eli Lilly and Company, Eli Lilly and Company Limited, and Eli Lilly, SA v Novopharm Limited
(Federal Court File No. T-1048-07)
Delivered an expert affidavit to Gowling Lafleur Henderson LLP (Counsel for Eli Lilly), on procedural timing under the Federal Courts Rules as it related to the existing proceedings in the patent infringement action concerning olanzapine.
Teva Canada Limited v Novartis AG
(Federal Court File No. T-2021-1)
Delivered an expert affidavit to Gowling Lafleur Henderson LLP (Counsel for Novartis) on the implications of various procedural options in a patent impeachment action related to imatinib mesylate.
Apotex v Sanofi-Aventis, Sanofi-Synthelabo Inc, Bristol-Myers Squibb Company and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership
(Ontario Superior Court File No. 07-CV-331399PD2)
Delivered an expert report to Canadian law firms Lenczner Slaght Royce Smith Griffin LLP (Counsel for Bristol-Myers Squibb) and McCarthy Tétrault LLP (Counsel for Sanofi), explaining the Patented Medicines (Notice of Compliance) Regulations and its procedures and practice in Canada.
U.S.A.
Apotex Corp v Kyorin Pharmaceutical Co Ltd and Allergan, Inc
(U.S.D.C. for the District of Delaware – 12-CV-196 SLR)
Delivered an expert report in 2017 to American law firm Gibson Dunn (Counsel for the defendant Allergan) and gave deposition in 2017 concerning the enforcement of Canadian patents and related aspects of the Canadian system for the market approval of pharmaceutical drug products, as related to the medicine ZYMAR (gatifloxacin).
Sanofi-Aventis, Sanofi-Synthelabo Inc, Bristol-Myers Squibb Company and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v Apotex Inc and Apotex Corp
(U.S.D.C. of Southern New York – 02-CV-2255)
Delivered an expert report to American law firm Cravath, Swaine & Moore LLP (Counsel for Sanofi) on the “preclusive effect” of a decision under the Patented Medicines (Notice of Compliance) Regulations on later proceedings.
Cellularvision Technology & Telecommunications, LP, v WIC Amalco, Inc, Canwest Global Communications Corp and Shaw Communications Inc
U.S.D.C. Southern District of New Year - 01-CV-4094 (RC) (DFE)
Delivered an expert affidavit to Hogan & Hartson LLP (Counsel for the defendants) on patent claim construction and infringement in Canada.
Schlumberger Technology Corporation and Schlumberger Canada Limited v. Baker Hughes Incorporated
(American Arbitration Association Case No. 50198T0011810)
Delivered an expert affidavit to Baker & McKenzie LLP on patent law and practice in Canada.
INTERNATIONAL
International Private Arbitration
Delivered an expert report to Dentons LLP on Canadian trademark law and practice and gave testimony at the arbitration held in February 2019 in Frankfort, Germany.
Commonwealth of Australia v Sanofi-Aventis
(NSD1639/2007)
Delivered an expert report in August 2017 to Counsel for Sanofi-Aventis in the Federal Court of Australia on entitlement to remedies for patent infringement in Canada relating to a claim for damages by Australia as a result of being delayed from listing a generic drug on its formulary due to interlocutory injunction that was ultimately set aside.
Apotex Pty Ltd v Sanofi-Aventis
(NSD1639/2007 New South Wales – Federal Court of Australia)
Delivered an expert report to the Australian law firm, Allens Linklater, who were acting for Sanofi on the remedies available under Canadian patent law to a patentee whose Canadian patent is infringed, particularly in the context of the Canadian clopidogrel litigation between Sanofi and Apotex.
“I was told to tell the truth and nothing but the truth and then you go and ask me a question like that!”
- OVERHEARD IN THE COURTROOM