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Litigation in Life Sciences


Our litigation group works with our life sciences clients to identify, reduce and manage their legal risks, and when litigation occurs, to help achieve successful and cost-efficient solutions.
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Overview

Successful dispute resolution requires lawyers with an understanding of highly complex technical issues, familiarity with diverse disciplines, and overall litigation expertise and experience. Clients rely on our depth of litigation experience across all of Canada’s major business regions, and our time-tested judgment, to determine and implement the most effective and cost-efficient defence strategies which align with our clients’ legal, and business, objectives.

 

As business transcends international borders, so do disputes. It is important to have cross-border litigation strategies that align and protect interests in every jurisdiction where your business operations are active and you sell products. We have a critical mass of litigation lawyers in each of Canada’s major business regions who work as seamless national teams for our clients. This provides our clients with two distinct benefits: (1) reduced cost, as we do not need to have teams of lawyers travel from province to province, and (2) more effective legal representation because of the greater familiarity of our lawyers “on the ground” with their local judiciary and practices. Beyond that, we regularly work with our clients’ US outside counsel in litigation which involves parallel proceedings on both sides of the US-Canada border. We understand the similarities and differences between Canadian and US legal processes and rules, and we are able to work collaboratively and efficiently with our clients’ US counsel, for the benefit of our mutual clients.

 

Some of our most notable work includes acting for an intervenor in the seminal Supreme Court of Canada “promise of the patent” decision, which will change the law on patent utility by lowering the threshold to align with standards adopted by trading partners; representing one of the largest prosthetic hip implant manufacturers in multiple product liability class actions respecting metal-on-metal hip implants; and representing a major multi-national food processing company in a proposed national consumer rights class action involving allegations of false and misleading labelling on a well-known food product. In addition, we have represented clients in disputes that have influenced regulatory policy. Our work has been recognized and awarded by respected organizations including Chambers, Who’s Who Legal, LMG Life Sciences, etc.

 

Read our publications, browse some of our recent life sciences work we’ve assisted with or contact any of our lawyers to learn more. 

Achievements

  • Recommended in Product Liability Defence, Lexology Index 2018 to 2024
  • Winner of Canadian Patent Litigation Firm of the Year, LMG Life Sciences Awards 2022
  • Winner of Canadian Product Liability Firm of the Year, LMG Life Sciences Awards 2019 to 2021
Life Sciences LMG Life Sciences Awards Winner of Canadian Patent Litigation Firm of the Year LMG Life Sciences is the only legal ranking directory to identify the leading law firms and individuals in each practice area of the life sciences industry through deep analysis of the business and legal developments in the sector.
Life Sciences LMG Life Sciences Awards Winner of Canadian Product Liability Firm of the Year LMG Life Sciences is the only legal ranking directory to identify the leading law firms and individuals in each practice area of the life sciences industry through deep analysis of the business and legal developments in the sector.

Team

Primary Contacts
  • Peter J. Pliszka, Partner | CHAIR, LIFE SCIENCES LITIGATION | CHAIR, PRODUCT LIABILITY & INSURANCE GROUP, Toronto, ON, +1 416 868 3336, ppliszka@fasken.com

Client Work

  • The Supreme Court rejects the “promise of the patent” doctrine and redefines the utility requirement for inventions patented in Canada, [Deal - International Federation of Intellectual Property Attorneys (FICPI)], AstraZeneca holds patent 2,139,653 (patent “653”), which claims the optically pure salts of esomeprazole, a proton pump inhibitor used in the reduction of gastric acid, in particular reflux esophagitis. Apotex applied to the federal Minister of Health for a Notice of Compliance, allowing it to se...
  • Global medical device manufacturer successfully challenges Health Canada medical device license suspension, [Deal - Confidential Client], Timothy Squire of Fasken Martineau was retained by a global medical device manufacturer to assist with successfully challenging Health Canada Medical Device License suspension.
  • Canadian diagnostic medical device manufacturer negotiates and concludes license and distribution agreement for Africa, [Deal - Confidential Client], Timothy Squire of Fasken Martineau was retained by a Canadian Diagnostic Medical Device manufacturer to successfully negotiate and conclude license and distribution agreement for Africa.
  • Global biologic drug manufacturer successfully defends competitor complaint, [Case - Confidential Client], Timothy Squire of Fasken Martineau was retained by a global biological drug manufacturer to defend a competitor complaint at a R&D hearing.
  • Canadian medical instrument manufacturer successfully disputes extra-territorial application of US Consent Order, [Deal - Confidential Client], Timothy Squire of Fasken Martineau was retained by a Canadian medical instrument manufacturer to successfully dispute extra-territorial application of US consent order restricting medical device marketing.
  • Apotex Inc. v. H. Lundbeck A/S, [Case - Lundbeck], Action instituted by Apotex seeking a declaration of invalidity of Canadian patent no. 1,339,452 covering escitalopram on the grounds of anticipation, obviousness, inutility and insufficient disclosure. During this case : Lundbkeck answered with a counterclaim in infringement of the patent;...
  • Lundbeck Canada Inc. v. Cobalt Pharmaceuticals Inc. (now Actavis), [Case - Lundbeck], Proceedings to prohibit the Minister of Health from issuing a notice of compliance which would allow the sale, by Cobalt, of a generic version of escitalopram, a drug used in the treatment of depression, until the expiry of Canadian patent no 1,339,452. The patent at issue covers escitalopram its...
  • Lundbeck Canada Inc. v. Novopharm Limited and the Minister of Health/Ratiopharm Inc. and the Minister of Health/Pharmascience Inc. and the Minister of Health/Sandoz Canada Inc. and the Minister of Health- escitalopram NOC proceedings, [Case - Lundbeck], Proceedings to prohibit the Minister of Health from issuing a notice of compliance which would allow the sale of generic versions of escitalopram, a drug used in the treatment of depression, until the expiry of Canadian patent no 1,339,452. The cases were stayed pending the resolution of the Genp...
  • Biovail Corporation and Laboratoires des Produits Éthiques Éthypharm v. RhoxalPharma Inc. and the Minister of Health, [Case - RhoxalPharma Inc.], Proceedings to prohibit the Minister of Health from issuing a notice of compliance which would allow the sale, by RhoxalPharma, of a generic version of diltiazem, a drug used for the treatment of arterial hypertension, until the expiry of Canadian patent no 2,242,224. The patent at issue covered ...

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