CANADA FIRM ANALYSIS
Firm Briefings
the firm to represent us,” enthuses one in-house counsel at a pharmaceutical company. “From the first day we met them, we felt like we were positioned well to protect our patent rights and we continue to use the firm for our IP litigation matters.” Financial & Transactional: “They have one of the deepest and most talented staff of corporate attorneys in Canada” is what one attorney thinks about the financial and transactional team at McCarthy. The firm is experienced in both domestic and cross-border transactions and represents both in-bound and outbound clients. The firm assisted DelMar Pharmaceuticals in its acquisition of a clinical and commercial stage drug development company focused on cancer treatment. Partner David Frost played a key role in DelMar Pharmaceutical’s recent acquisition and is viewed by colleagues as a “great corporate finance attorney and good life sciences business mind.” Frost’s fellow corporate partner Philippe Leclerc is “an amazing corporate attorney who has been doing exceptional life sciences work for the past few years.” He assisted Ergoresearch, a venture capital company with a health industry focus, with the acquisition of orthopedics and prosthetics company Victhom Human Bionics. Norton Rose Regulatory: “As well rounded a life sciences practice as any firm in North America,” believes one practitioner about the industry team at Norton Rose. The firm focuses its regulatory practice in life sciences on pharmaceuticals and biologics and is known for their expertise on competition issues. Over the last two years, the firm has added a number of professionals to an already impressive regulatory group. “They took partners from some of the top firms in Canada and are looking to try and dominate the life sciences market,” notes a peer about the additions. Perhaps the most significant addition was Adrienne Blanchard, formerly of Gowlings. She has a tremendous amount of experience litigating on behalf of clients in front of both Health Canada and the PMPRB. “She is fantastic,” says one competitor. “There are only a handful of regulatory attorneys who have as much knowledge of the industry that she does and perhaps only one or two of those attorneys are as good in litigation as she is.” Blanchard excels in counseling industry clients on matters of privacy, market information, and gaining market access for clients looking to jump into the Canadian marketplace. Intellectual Property: Norton Rose’s IP practice is staffed with attorneys who are also patent agents, creating an extra level of IP expertise that only a few firms can match in the country. “It is rare for a firm as big as they are to have such a concentrated focus on certain areas of the IP industry,” explains one peer. The firm’s patent team also works closely with their corporate group in negotiating licensing agreements and IP distribution agreements. Head of Norton Rose’s Canadian patent team is Joan Van Zant. “She has always been one of the top patent agents in the country and if you do any work in the Canadian patent world, you know who Joan Van Zant is,” says one competitor. She acts for both patent holders and investors and prepares freedom-to-operate, infringement and validity opinions, and has given expert testimony on patent cases for both the PMPRB and the Federal Court of Canada.
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Successful patent litigations that were valued at hundreds of millions of dollars are a big reason why Norton Rose is a leading IP litigation firm. Like many of the firms in Canada, Norton Rose spends its time representing branded pharmaceutical companies against its generic competitors (mainly in PMNOC litigations). But many go to Norton Rose for the ‘bet-the-company’ litigations, where the firm has handled several valued in the hundreds of millions of dollars. The firm has ?\ ?\?[?YY\???[? ?]?\?[X] \??Y?Z[?? \?[??X[?[?\?X???H\?^ ?] ?X???Y\?[??8?'\??Y[??H? H ?T?^\?[? \? ?X?H??H?X\? H ? YX\??[?\? ?[X?]?H] H?\?K8?'HX???[?? ?H Y\??\?XY? H?\?x?&\? \?XX?]]X?[[?Y?H ??Y[??\? ?X?X?K?Y\?[?? ?[XZ[??[??? ?Y[?X[?HY??\?[?\?X? ?? H[? \? ?H[?\? ?\ ?\?[?YY\????^??Z]?[?K[?[??[?S???]Y?][???\? H\?X?YK? ?? X?XX?[] N?8?'^H]?HHY\?[????X] H [[?Y] ??^\?[? H??\? ???H[? ]\? ?X[ H?^H?? H[? \? ?K\?X?X[ H ?[?Y?[?[???Y[? ?[? ?X?\??H?\??X?[?? ?Z] ?8?'H ?^\??H??\][??] ??^K???????H ?X??\??[ H ?\ ?\?[?Y?^??Z]?[?H[?H?\??X?[? ?[][?? ?[Y?][???\[?[??H[? ?] ?]?[ ?[\ ?\?\?\?[?????H H \?H? H[?Y\ ?\??[?^[ ?[?[\?[??X???? H?\?x?&\? ?X??\??[? \? ?Y?Y[?? H[? \? ?H\? H[?X??\? ??[ ?? \??\?X\?X[??HY?X? ??8?'\? ?]?]H?X??H? H ??? ?YH?\? ?? X?XX?[] H[??\??X?[?] ??^\?[? H??[? ?x?'HX???[?? ??H ?]?[ ?Y?X?\???X?Z\?? H?][?[?\??X?[? ?X?X?H[? ?\?XY??[??[???^??Z]?[?H[? H^[]Y?][???H[ ?? ?\ ?\?[?Y H??\[?H[??\?\?]Y?][?? ?[][?? ? ?ZX?Y\?\?H ?\?[ ? H \?H?^[ ?8?'\?X?[] H ?[?H]Y?][?? ?\?H [? ?Y ??Z[[????\??\?H] ?Z?H\?XYH\?[?X??[? H?\??X?[???[][?] K8?'H??? Y\??H??\]]???X\? ??Y??\??]\???]Y?[?[X? X[ ??\? N?T??]\]YH?X\? ??Y??\??]\???]Y?\???[Y[?Y?H Y\????8?'?] ?[?[?? ][?Y ?X?H[?HY\ ?Y???] ??^\? ]\?H ??YH? H[?????Y?XX?H[? H[?\?H??[? ?K??'H[??\? ?]?[?[Y]?\?8?' H??X??[?[?\?T X[H] H?\?H??\[Y[? ? Z\? ][?]Y?][???\ \??X? H[?[ ? ] [H[? ??][? ? ?X??YY[?XZ?? ][? ???YY[????'H\?? H?\?x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