Beverley Moore: Lawyer with Borden Ladner Gervais LLP

Beverley Moore

Ottawa,  ON  Canada

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Experience & Credentials

Practice Areas

  • Intellectual Property Litigation
  • Intellectual Property
  • Life Sciences
  • Patents
  • Appeal and Review
  • Privacy and Access to Information
  • Healthcare Intellectual Property Protection and Commercialization
University Queen's University, B.Sc., Hons. in Biochemistry, 1997; Queen's University, M.Sc. in Biochemistry, 2000
Law SchoolQueen's University, LL.B., 2002
Admitted2003, Ontario

Executive Summary

Beverley Moore practises intellectual property litigation at Borden Ladner Gervais LLP, focusing on patent litigation and applications under the Patented Medicines (Notice of Compliance) Regulations (NOC Regulations). She also advises clients on regulatory issues such as listing patents on the Patent Register, reporting patents to the Patented Medicines Prices Review Board (PMPRB), and the Register of Innovative Drugs as it relates to data protection. Beverley also advises on Access to Information (ATI) requests, in particular those made to Health Canada by pharmaceutical clients. In addition, Beverley advises on patent portfolio management, patentability, validity and freedom-to-operate issues, and aids in the prosecution of patent applications in Canada.

Beverley sits on the editorial board of the Canadian Intellectual Property Review, and is a co-editor of Carswell's Consolidated Intellectual Property Statutes and Regulations, and co-author of the book's "Patents - Year in Review" article. Beverley and her colleagues, Chantal Saunders and Adrian Howard, publish a weekly IP Bulletin, summarizing recent IP cases and industry news of note. In addition, Beverley is a member of BIOTECanada's Health Advisory Board and Subsequent Entry Biologics Task Force, and has participated in National Advocacy Day, lobbying politicians on biotechnology issues. Beverley's M.Sc. research involved mechanistic studies with Vitamin D analogues.

Representative Work

· Appearing before the Federal Court and the Federal Court of Appeal.

· Acting as counsel for innovative companies asserting validity and infringement of patents during proceedings brought pursuant to the NOC Regulations.

· Acting as counsel for innovative companies challenging and judicially reviewing the Minister of Health's refusal to list patents on the Patent Register.

· Acting as counsel for innovative companies defending generic companies' claims for damages pursuant to s. 8 of the NOC Regulations.

· Acting as counsel for innovative companies leading to the settlement of a patent infringement and validity proceedings involving claims to drugs and process to make them.

· Advising clients on patent portfolio issues relating to data protection, listing patents on the Patent Register and reporting to the PMPRB.

· Preparing freedom-to-operate, infringement and validity opinions with respect to intellectual property matters.

· Acting as counsel for clients seeking leave to intervene in proceedings before the Supreme Court of Canada.

Publication & Presentation

Beverley is a frequent blogger on the "BLG Not-for-Profit and Charity Law in Canada Blog". This Blog is intended to be of value to anyone in Canada who has any involvement with Not-For-Profit Organizations or Charities.

· Co-Editor, Consolidated Intellectual Property Statues and Regulations with Related Materials, 2012-present.

· Contributing Author & Co-Editor, BLG's Intellectual Property Weekly Abstracts Bulletin.

· Contributing Author, Life Sciences & Chemical Patent Practice in Canada: A Practical Guide, 3rd edition, Borden Ladner Gervais LLP, 2011, available free of charge at

· Author, "Supreme Court Issues Decision Discussing Test for Sufficiency of Disclosure in a Patent," US and Canada Drug Development Guide and Canadian Biotechnology, January 2013 (with Chantal Saunders).

· Author "Invalidated Patents: Changes to case law creates uncertainty for biotechs. Just how sound do a patent's predictions need to be?" Bio Business, May/June 2012 (with Jamie Mills).

· Author, "Patentability of Diagnostic Methods in the wake of," Drug Development & Outsourcing Industry Guide 2012 (with Jennifer Raoul).

· Author, "Supreme Court Dismisses Appeal But Sets Out Disclosure Tests for ATI Requests," Canadian Privacy Law Review, March 2012.

· Author, "Canada Regulatory Regimes; Tips on Regulatory Issues," Managing Intellectual Property, October 2011 (with Kristen Crain and Jennifer Raoul).

· Author & Co-Presenter, "Clinical Trials and their Presence in Patent Cases," Insights Clinical Trials in Canada, April 2011 (with Andrew Loh).

· Panellist, "A Product's Lifecycle from Innovation to Commercialization: The Patented Medicines (Notice of Compliance) Regulations, the Patent Act and Data Protection," Life Sciences BC, March 2011.

· Author, "Fitting Biologic Products into the Data Protection and Notice of Compliance Regulatory Schemes," Canadian Biotechnology Industry Guide 2011, January 2011 (with Jamie Mills and Chantal Saunders).

· Author, "The Canadian Biotechnology Public Policy Agenda," Biotechnology Focus, September 2011 (with Jeff Graham and Chantal Saunders).

· Author, "Sufficiency of Disclosure and Sound Prediction Requirements in Canada," IPO Committee Newsletter, August 2011 (with Chantal Saunders).

· Author, "The Canadian Patent Register: Your Shield Against Premature Generic Competition," Pharma & BioPharma Industry Guide, January 2011 (with Jennifer Raoul).

· Panellist, "Exploiting New Opportunities in Biologics and Subsquent Entry Biologics: A Brief Discussion of Legal Issues Surrounding the Guidance Document Regarding Subsequent Entry Biologics," 9th Annual Forum on Pharma Patents, November 2010.

· Author, "Disclosure Requirements Increased," Managing Intellectual Property, October 2010 (with Jamie Mills).

· Author, "Update on Intellectual Property Protection for Biotechnology in Canada," BIOTECanada Insights, Fall 2010 (with Jamie Mills).

Professional Involvement

· Member, BIOTECanada's Health Advisory Board and Subsequent Entry Biologics Task Force

· Member, Intellectual Property Institute of Canada (IPIC), IPIC Editorial Board for the Canadian Intellectual Property Review, IPIC Competition Law and IPIC International Patents Committees

· Member, Intellectual Property Owners Association (IPO), IPO Patent Law and Practice (International) Committee

· Member, American Bar Association (ABA), IP Section and the ABA Committees on Patents in the Chemical & Life Sciences and International Patent Treaties & Laws

· Member, Canadian Bar Association (CBA), American Intellectual Property Law Association (AIPLA) and County of Carleton Law Association (CCLA)


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Appeal Dismissed: Despite Registrar’s Improper Reliance on a “Surrounding Circumstance”, Judge Was Correct to Apply Reasonableness Standard in Face of New Evidence Filed on Appeal
Adrian J. Howard,Beverley Moore,Chantal Saunders, February 25, 2015
This was an appeal by Cortefiel, S.A. on the basis that the Federal Court judge made a palpable and overriding error or an error of law in concluding that new evidence filed before her in the appeal pursuant to subsection 56(1) of the Trademarks Act would not have materially affected the decision...

Interlocutory Injunction Granted: Defendants Ordered to Stop Using Plaintiff’s Business Name
Adrian J. Howard,Beverley Moore,Chantal Saunders, February 25, 2015
The Plaintiff applied for an interlocutory injunction to stop the personal Defendant and corporate Defendant, Alpha Neon Sign Consulting Ltd., from using their business name, “Alpha Neon”. The Defendants compete with the Plaintiff and have been using the Alpha Neon name in its competing...

GHI Found to Be Confusingly Similar to the Well-Known Mark GIA for Use in Association with Diamond Grading and Other Wares and Services
Adrian J. Howard,Beverley Moore,Chantal Saunders,Ryan Steeves, January 8, 2015
This is a dispute over the registration of the trademark GHI by Gemology Headquarters International, for use in association with diamond grading, the issuance of diamond grading certificates, education in the field of gemology and other wares and services in the field of gemology. The applicant,...

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Office Information

Beverley Moore

100 Queen Street, Suite 1100
OttawaON K1P 1J9


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