FIRM ANALYSIS CANADA
Firm Briefings
gar’s specialization in PMNOC litigation. “They are one of the leading firms in representing branded companies in PMNOC matters and are continuing to keep companies like Apotex and others at bay,” explains one attorney. Sanofi, Aventis Pharma, and AstraZeneca Canada have all used Smart & Biggar in their PMNOC proceedings. Litigating in life sciences for over 20 years has cemented partner Gunars Gaikis’s reputation as “one of the best patent litigators since the industry began.” He has represented the firm’s clients in several PMNOC litigations over the past few years and continues to be a figurehead for branded litigation in Canada. “He really is among the most talented attorneys I have seen and to watch him in court is an experience,” describes another competitor. In his most recent matter, Gaikis proved the invalidity of a claim by Apotex against AstraZeneca’s concerning Nexium, a treatment for Gastroesophageal reflux disease (GERD). Partner Steven Garland is most well-known for his work in other industries but he has garnered praise from his life sciences colleagues for his “great understanding of the industry and remarkable litigation skills.” Garland represented Eli Lilly in a counterclaim suit against Apotex over Cefaclor, a broad spectrum antibiotic. Torys Regulatory: Attorneys at Torys typically take a cross-disciplinary approach to their individual practices. A prime example of this resourcefulness is partner Eileen McMahon’s life sciences practice. She co-chairs Torys’ Intellectual Property and Food and Drug Regulatory practices, as she specializes in both areas of law. One of her colleagues sees her as “a bit ahead of her time and as more lawyers see the success she is having with her practice, the more they are going to try and emulate what she has done.” “The regulatory practice is very interesting at Torys,” explains one peer. “It has really grown out of their success in the IP market, but they have gained experience and are very adept at certain aspects of regulatory law like market access.” Intellectual Property: Torys is responsible for industry heavyweight Pfizer’s Canadian life sciences work, and as a result, the firm has been involved in some of Canada’s most important patent litigation matters. They successfully defended the validity of Pfizer’s patent covering Sildenafil (Viagra) in the Federal Court and the Federal Court of Appeal. Additionally, the firm successfully defended the validity of Pfizer’s patent covering Accupril, a high-blood pressure medication. “You see them doing a lot of great work on behalf of Pfizer and that has made them one of the most important groups in the country,” observes one competitor. Partner Andy Shaughnessy has been lead counsel for Pfizer in many of these cases and has made his mark on the Canadian life sciences industry with his success. A rival attorney says, “Andy is going to be doing work for Pfizer for quite some time, and they made an excellent choice in their representation.” He has been retained by Pfizer for future work in PMNOC litigation. Supporting Shaughnessy in the courtroom has given Andrew Bernstein his own reputation in the community. Bernstein worked with Shaughnessy on both the Viagra and Accupril litigation and will continue to work for Pfizer on other matters. “Some would say he is an up-and-coming attorney, but I believe the experience he has in the courtroom and in such high-stakes litigation already makes him a major player in the industry,” claims one attorney. Financial & Transactional: “They gave me the best professional experience of my life and I am so glad we continue to use them for our legal representation,” says one client about the financial and transactional group at Torys, a strong complement to the firm’s IP and regulatory practices. Torys’ practice, called by some as “the best corporate practice in the industry,” has represented a long list of companies in licensing deals, as well as securities transactions. “From a business standpoint, they can handle any type of deal a client is interested in, and their body of work is proof,” marvels one peer. The firm works with both private investors and industry companies on a plethora of corporate matters. Recently, the team worked with Abacus Private Equity in its acquisition of rights to license a pharmaceutical. A big reason for the firm’s success is the work of partner Cheryl Reicin, who represented Pfizer in its acquisition of King Pharmaceuticals for $3.6 billion, one of the largest purchases in the global life sciences history. Furthermore, she has represented a wide variety of organizations, such as RBC Capital Markets – underwriters for Trimel Pharmaceuticals in their 2012 and 2013 security-based public offerings. A rival of the firm notes Reicin’s “ability to recognize where he "6?V?G26??V?B&R??fW7F??rF?V?"???W?( ?2????'F?B&V6??f?"?W"7V66W72??F?R??GW7G'????r?dR44?T?4U2#0??c0???