CANADA FIRM ANALYSIS
Firm Briefings
team. Another rival adds, “They have worked on a lot of important cases for the industry here in Canada and have had a lot of success for their clients.” Recently, Blakes obtained a favorable ruling for St. Jude Medical Center, a leading cardiac device company, in a case widelywatched by the industry. Gordon McKee played an important role in the firm’s success in the 18-month long trial. The case is especially unique because it was the first medical device product liability trial to go to court on a claim of common uses. This relates to the manufacturer’s “duty of care” and “duty to warn”, and whether the product brought any material risk to its users. “The work he did for us on this matter is a prime example of why he is one of the industry’s best,” marvels one colleague. Working on this case with McKee was partner Jill Lawrie, who is praised by peers for an “outstanding work ethic and a detailed knowledge of the industry.” She has extensive experience in many segments of the industry, representing a variety of medical device manufacturers. Lawrie was counsel in a class action alleging negligent design, manufacture, and warning against a leading manufacturer of defibrillators. In a separate class action, she served as lead counsel to a leading manufacturer of medical solutions to restore pelvic health. Borden Ladner Gervais Intellectual Property: Clients go to Borden Ladner Gervais for high-level advice on the best way to commercialize and protect their patent portfolios. The firm’s roster of attorneys with scientific backgrounds helps clients prepare portfolios for transactions with an eye for future challenges. A practitioner sees the firm’s “ability to understand the most complex technologies” as a large reason for their recent success. Borden Ladner has offices in each key province in the country. Regional leader of the firm’s Calgary IP group, Jason Howg, is viewed by his colleagues as “one of the best patent attorneys in the industry.” He has experience working with software and IT companies, an important background that has helped him become one of the leading attorneys for health informatics, clinical IT transactions, and IT information agreements for healthcare providers. Financial & Transactional: By properly preparing their clients IP portfolios, Borden Ladner puts its clients in the best position to make a deal. “Their existing relationships with private investors and venture capital groups give them an edge in the field,” explains one practitioner. And with a staff of attorneys that formerly worked in the United States, the firm is adept at bringing US-based companies across the border to strike deals with local industries. Formerly a practitioner in Washington DC, partner Jeffrey Graham is a good example of the firm’s cross-border approach. Graham is the national leader of Borden Ladner’s Toronto office and is seen by a contemporary as, “a remarkable corporate attorney that also handles some regulatory work as well.” Recently, Graham assisted a US pharmaceutical company entering the Canadian market with a new suite of products. Dimock Stratton Intellectual Property: According to one of his colleagues, founding partner Ronald Dimock is “absolutely one of the top litiga158
tors in the entire country and has put Dimock Stratton on the map.” The IP boutique offers full-service capabilities but is acclaimed for their litigation expertise. Generic drug and device manufacturers like Boston Scientific use Dimock Stratton for their litigation skills. Dimock has acted in more than 45 patent, trademark, and copyright trials before the Federal Court of Canada. In addition, he has handled more than 30 appeals before the Supreme Court of Canada, Federal Court of Appeal, and Ontario Court of Appeal. “Companies go to Ronald and the firm when they have a ‘bet-thecompany’ type litigation, and it usually pays off,” explai ?2??RGF?&?W??F???6?&W&W6V?FVB&?7F??66?V?F?f?2??&V6V?BF?7WFRv?F?????6??b????6???f'&?2?rf???6??bG&?67F???âVW'2?'fV?BF?R6?'?&FR6&??F?W2?bf'&?2?r?( ?B6VV?22F??Vv?F?W?&R????rFV?2?VgB?B&?v?B?B&R'&??v??r6????W2??F?F?R6?F???&?WBg&??F?RV??FVB7FFW2?Bg&???F?W"6?V?G&?W2?( ?f'&?2?2?V?VBf6??FFR?V?&W"?b'F?W'6??2v?F?6??R?bF?R??GW7G'?( ?2?VvvW&?WG2?F?W?&W&W6V?FVB6&F???R?&???6???V7F???v?F?C&?????'F?W'6??FV?v?F??W&6??v??6?v2F?R?&vW7B&??FV6?FV???6?F?&??FV6?????w??2??W2?GF??7V6??G???R??VB?&vR&??R??7&VF??rF?Rf?&?( ?2FV6?????w?w&?W?B?2FVV?VB'?VW'22( ?F?Rf?&V??7BWF??&?G???&??FV6??BFV6?FV?2??F?R??GW7G'??( ??GF??v?&?VB??&V??b?b?VDvV?W6?2F?W&WWF?????G26???&?&F???v?F?&??f????FWfV????rv??6V????R?FW&?fVB?WW&?G&???2f7F?"?tD?b?&?FV??F?G&VB&???6??( ?2F?6V6R???F?W"?VF??rf?wW&R?2'F?W""??V7F?"?4???GV??v???26'fVB?WB??v??&Vv&FVB&7F?6R??4???GV??&W&W6V?FVB?fT?'2?VF?6??&?&F?'?6W'f?6W2??fT?'2???F?V?"W&6?6R?b$2&???VF?6??&?&F?&?W2?$2&???VF?6??F?RFV?v2???'F?Bf?"'&?F?6?6??V?&?&V6W6R?B'&?Vv?BF?vWF?W"#RF?V?B6W'f?6R6V?FW'2V?FW"??R?W&F??r7G'V7GW&R7&?72F?R&?f??6R?f6?V??'F??VRGT??V??&VwV?F?'??VW'2&RF???r??F?6R?bf6?V??'F??VRGT??V??( ?2W??6????b?G2?fR66?V?6W2&VwV?F?'?&7F?6R?( ?F?W??fRFFVB??B?b&VwV?F?'?W?W'F?6R?B&R&V6???r??R?bF?R6?V?G'?( ?2&W7B&7F?6W2?( ?F?Rf?&?v?&?26??6V?v?F?v?fW&??V?BvV?6?W2??f?6?WfW"????G&V???BF?&??F??B?2&V6V?F?&VV???f??fVBF?R7&VF????b?Wr?'??G'Vr&Vv??R??6?F?( ??????r?w?W"v?????w2WfW'?7V7B?bF?R6?F??&VwV?F?'??&?WB?( ??2??r??R&?f?FW67&?&W2'F?W"F???F??7V?&R?6??"?bf6?V??'F??V^( ?2F?&??F??fR66?V?6W2w&?W????'F?F??7V?&Rv2f?&?W"????W6R6?V?6V??B?ffW'2V??VRW'7V7F?fR??FR?7B?V"?7V?&R??vVBF?Rv??&?&V6???b6WfV??????FWf?6W2'?6?F???VF?6?FWf?6R??Vf7GW&W"??Bv2?V?&V6VFV?FVBWfV?B??6?FF?B?VBF??Wr?V?F?6?FV?f?&6V?V?B&?6VGW&W2?f???6??bG&?67F???â?W&vW'2?B7V?6?F???2v?&???F?R?fR66?V?6W2??GW7G'??2???"7G&V?wF?Bf6?V??'F??VR??VF??r7V6??G??&?6WWF?6?6?????VF?6?2?&?6WWF?????r?dR44?T?4U2#0???