Biographie
( Disponible en anglais seulement )David is a partner in Miller Thomson’s Intellectual Property Group practising intellectual property litigation with a focus on patent litigation in the pharmaceutical and biomedical device industries.
He regularly acts for pharmaceutical companies in proceedings under the Patented Medicines (Notice of Compliance) Regulations as well as in patent infringement and invalidity actions.
David has many years of experience in multi-jurisdictional litigation matters and has worked closely with counsel in other countries on worldwide patent disputes.
In addition to extensive experience as counsel in patent litigation, David has experience as an expert witness on Canadian patent law in a multi-jurisdictional arbitration proceeding.
As an active member of the IP legal community, David is a regular presenter and contributor to intellectual property conferences and seminars. David has spoken extensively on many issues related to patent litigation and pharmaceutical patents, and he has been the Chair of the Legal Practices and Standards Committee of the Intellectual Property Section of the Canadian Bar Association.
Prior to entering the field of law, David worked for several years in the specialty chemicals business, focusing on additives for the building products and paint industries.
Formation
- LL.B., Osgoode Hall Law School, York University, 1990
- M.A.Sc. in Chemical Engineering, Université d'Ottawa, 1985
- B.Sc. in Chemical Engineering, Queen's University, 1983
Réalisations professionnelles
- Named in Best Lawyers in Canada for Biotechnology Law since 2008
- CV-Rated in Martindale-Hubbell
Mandats représentatifs
- Litigating patents on a wide range of technologies, including oil field equipment, database architecture, lottery tickets, vaccines, food processing, construction equipment, explosive manufacturing, medical devices, pharmaceuticals and printing processes
- Acting as counsel in trade secret and breach of confidence actions on software, high technology devices, and explosives manufacturing technology
- Litigating trade mark and copyright matters
Associations
- American Intellectual Property Law Association
- Intellectual Property Institute of Canada
- Canadian Bar Association
- American Bar Association
Conférences
- "The Care and Feeding of Expert Witnesses," Canadian Institute 9th Annual Forum on Pharma Patents, November 2010
- "Selection Patents and Sound Prediction: What is Required?" Insight Information 9th Edition Drug Patents in Canada, May 2010
- "Hot Issues in pharmaceutical litigation," Insight Information Drug Patents and Legal Forum, May 2009
- "Latest on standards of review," Canadian Bar Association - Advocacy before the Federal Court in Intellectual Property Matters - Appeal Proceedings, April 2009
Publications
- Supreme Court Holds Patentee Cannot Play Hide-and-Seek With the Invention, Bulletin propriété intellectuelle, Décembre 2012
- Federal Court Rules That BBM is Not Confusing With BBM, Bulletin propriété intellectuelle, Juillet 2012
- Reverse Engineering and Product Puffery Lead to Punitive Damages, Bulletin propriété intellectuelle, Mars 2012
Principaux domaines de pratiques
Spécialités
- Patent Litigation
Admission au Barreau
- Ontario Bar, 1992