I INTELLECTUAL PROPERTY

We understand how seriously IP challenges can affect your business. We believe that no firm has achieved greater success in IP matters.

Please click the arrows below to view our successes over the last 25 years.

2016 - PRESENT
2011 - 2015
2006 - 2010
2001 - 2005
1995 - 2000

Given the frequency of our appearances, we have an intimate knowledge of best practices in the Federal Courts. This knowledge allows us not only to tailor our arguments and evidence to the idiosyncrasies of particular judges but also to call upon just the right member of the Court’s staff to expedite a filing or secure an emergency hearing.

The leading cases on IP-related issues have been defined by our highly-refined arguments and meticulously-procured evidence. Our track record at the forefront of the development of IP law speaks for itself:
 

  • AstraZeneca Canada v. Apotex, 2017 SCC 36 – the leading case on the law of utility; 

  • Eli Lilly Canada v. Apotex, 2009 FCA 97 – the leading case on the disclosure requirements associated with inventions based on a sound prediction of utility;

  • Apotex v. Wellcome Foundation, 2002 SCC 77 – the leading case in which the doctrine of sound prediction of utility was first definitively accepted into law in Canada;

  • Apotex v. Sanofi-Synthelabo Canada, 2008 SCC 61 – the leading case on anticipation and obviousness;

  • Eli Lilly & Co. v. Novopharm Ltd., 1998 2 SCR 129, the leading case regarding the interpretation of licence agreements and pharmaceutical supply contracts;

  • Apotex Inc. v. Canada (Attorney General), 1994 3 S.C.R. 1100, the leading case regarding the ability of Courts to require governmental action, including with respect to granting marketing approval for pharmaceutical products;

  • Apotex v. Sanofi-Aventis, 2014 FCA 68 – the leading case regarding the assessment of damages for being wrongfully held off the market by an invalid patent;

  • Apotex v. Merck, 2015 FCA 171 – the first case in Canada permitting patent damages to be calculated by reference to a non-infringing alternative, thereby aligning the approach to Canadian patent law damages with that taken in the U.S.; and

  • Apotex v. ADIR, 2017 FCA 23 – the most recent pronouncement from the Federal Court of Appeal on the accounting of profits remedy.
     

We will tailor a team with precisely the right expertise and experience to tackle your IP challenge.  

I RECENT INDUSTRY RECOGNITION

Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys 2018 ranks Goodmans litigation practice in their top category, Highly Recommended, and recognizes eight of the firm’s litigators as “Litigation Stars” and one as a “Future Star”.  Benchmark also recognizes Andrew Brodkin, Harry Radomski and Peter Ruby as “Litigation Stars” and Ben Hackett as a “Future Star” in the area of Intellectual Property.

IP Stars 2018 ranks Goodmans as Tier 1 for Patent Contentious with Andrew Brodkin, Dino Clarizio and Harry Radomski recognized as Patent Stars. IP Stars 2017 ranked Goodmans Tier 1 for Patent Contentious.

Chambers Canada 2018 and 2019 recognize Goodmans as a leading law firm in the area of IP/IT Litigation. Sources note: "They're the best patent litigation firm in Canada." Harry Radomski was ranked along with only one other lawyer in Canada as a Star Individual (ranked as Star Individual since 1st edition).

Intellectual Asset Management (IAM) Patent 1000 2017 ranks Goodmans “Gold” (highest ranking) for patent litigation and transactions.

IAM Patent 1000 2017 – Litigation.  Harry Radomski and Andrew Brodkin are ranked “Gold”, Dino Clarizio is ranked “Silver” and Richard Naiberg and Ben Hackett are ranked “Bronze”.

Euromoney ranked Harry Radomski as one of the top three Canadian patent lawyers and top 25 in the world; and Andrew Brodkin was ranked one of the top 25 Canadian patent lawyers.

The 2018 Canadian Legal Lexpert Directory ranked Goodmans as the highest ranking, “Most Frequently Recommended”, in Litigation - Intellectual Property with six Goodmans lawyers recognized as leading IP litigators including: Andrew Brodkin, Dino Clarizio, Ben Hackett, Richard Naiberg, Harry Radomski and Jerry Topolski. Goodmans is ranked “Consistently Recognized” in Intellectual Property with five Goodmans lawyers recognized as leading IP lawyers including: Andrew Brodkin, Dino Clarizio, Richard Naiberg and Harry Radomski. 

Best Lawyers ranked nine Goodmans partners as leading intellectual property lawyers including:  Andrew Brodkin, Dino Clarizio, Ben Hackett, David Lederman, Richard Naiberg, Harry Radomski, Peter Ruby and Jerry Topolski.

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada  ranked Goodmans as the highest ranking “Most Frequently Recommended” in Litigation - Intellectual Property, including: leading IP litigators Andrew Brodkin and Harry Radomski. Dino Clarizio was also included as a leading IP lawyer.  

The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada ranks four Goodmans lawyers in the area of Litigation – Intellectual Property: Andrew Brodkin, Dino Clarizio, Richard Naiberg and Harry Radomski. 

The Lexpert Special Edition - Canada’s Leading Litigation Lawyers  recognized four Goodmans lawyers in the area of Litigation – Intellectual Property: Andrew Brodkin, Dino Clarizio, Richard Naiberg and Harry Radomski.

Who’s Who Legal: Life Sciences 2018: Patent Litigation  recognizes law firms that are well versed at handling patent disputes across a range of industry sectors, including pharmaceuticals, biotechnology and medical devices. Goodmans is recognized as a leading patent litigation law firm with five lawyers highlighted as leading patent litigators: Andrew Brodkin, Dino Clarizio, Ben Hackett, Richard Naiberg and Harry Radomski. 

Who’s Who Legal: Thought Leaders 2018  recognizes Harry Radomski as one of five patent litigation lawyers recognized as a “Thought Leader” in Life Sciences- Patent Litigation and one of two “Thought Leaders” in the area of Patent Law.  Thought Leaders are individuals who received the highest number of nominations from peers, corporate counsel and other market sources. Who’s Who Legal  identified them as being truly outstanding practitioners and the very best in their field.

Who’s Who Legal: Patents 2018  recognizes Goodmans as having “a strong intellectual property offering with four exceptional IP litigators highlighted”: Andrew Brodkin, Dino Clarizio, Richard Naiberg and Harry Radomski.

 

Who’s Who Legal Canada 2017 recognizes Goodmans as a leading law firm in the areas of Life Sciences and Patents. 

Who’s Who Legal Canada: Life Sciences 2017 recognized Harry Radomski as one of the five “Most Highly Regarded” life sciences lawyers in Canada. Dino Clarizio is “a high-class lawyer” commended for his “strategic approach” to cases and his strong IP practice.  Andrew Brodkin and Richard Naiberg are also recognized for their leading expertise in the life sciences field.

Who’s Who Legal Canada: Patents 2017 recognized Harry Radomski as one of the five “Most Highly Regarded” patent lawyers in Canada. Four other Goodmans lawyers were recognized for their expertise in patents: Andrew Brodkin, Dino Clarizio, Richard Naiberg and Harry Radomski.

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