Judith Robinson practises as a barrister, solicitor and trade-mark agent in all areas of intellectual property law, with a particular emphasis on intellectual property litigation before the courts and alternative dispute resolution. She is also active in various administrative law matters that arise in relation to intellectual property rights, including the representation of clients before administrative tribunals and judicial review applications to the Federal Court.
As regards trial work, Ms. Robinson was lead counsel to Bell Helicopter Textron Canada Limited in a patent infringement and validity trial that was heard in the first quarter of 2011 (judgment taken under reserve). She led a team to a successful judgment in 2008 that the Servier perindopril patent was valid and infringed, defeating a counterclaim that asserted anti-competitive practices. Prior to that, she was counsel to Merck in obtaining a judgment of infringement and validity of Merck's patent for lisinopril. She has particular experience in expedited trial procedure, including her role as counsel on a "test case" fast-track patent action before the Federal Court. Ms. Robinson is also involved in the damages assessment phase of intellectual property litigation.
In the pharmaceutical sector, Ms. Robinson has been active in litigation and strategic work related to the Patented Medicines (Notice of Compliance) Regulations since the introduction of this regime in 1993, as well as the subsequent data protection legislation. She also counsels clients on various regulatory matters.
The solicitor work in which she is involved includes freedom to operate, validity and infringement opinions across a variety of industries, as well as commercial agreements.
Ms. Robinson was chair of the Montréal intellectual property group from 2005 to 2011 and was recently appointed regional chair of our Quebec intellectual property practice.
Selected client work
· Bell Helicopter Textron Canada Limited
· Cephalon
· E.I. du Pont de Nemours and Company
· GlaxoSmithKline Inc.
· Merck Canada Inc.
· Merck Sharp & Dohme Corp.
· Pfizer Canada Inc.
· Pfizer Inc.
· Sanofi-aventis Canada Inc.
· Servier Canada Inc.
Speaking engagements
Ms. Robinson is regularly asked to give presentations on intellectual property law, including the following:
· "L'éthique dans la pratique du droit," Les femmes en droit - La pratique du droit dans le contexte actuel, Montréal, December 2, 2011.
· "From Hair Tonic to Medicines and Beyond: A View of the Federal Courts and Intellectual Property," Federal Courts Education Seminar, Ottawa, October 27-28, 2011.
· "Utility, Sound Prediction and Selection Patents - Clarifying Canadian standards and their impact on patent drafting, prosecution and litigation," 9th Annual Forum on Pharma Patents, The Canadian Institute, Toronto, November 5, 2010.
· "Conflagration of Sufficiency of Disclosure and Utility," IPIC 84th Annual Meeting, Fairmont Le Château Frontenac, Québec, October 15, 2010.
· "Interaction avec la Loi sur la concurrence; détermination de l'invention; la prédiction valable," Quebec Bar Continuing Education, Hôtel InterContinental, Montréal, November 13, 2009.
· "Best Practices at Trial," Federal Court Annual Seminar, Montréal, October 7, 2009.
· "2009 Advocacy before the Federal Court in Intellectual Property Matters CLE - To Appeal or Not To Appeal," Hilton Lac-Leamy, Gatineau, Quebec, April 30, 2009.
· "Patent Infringement Cases - Trials and Tribulations," Toronto Intellectual Property Group, King Edward Hotel, Toronto, November 5, 2008.
· "Patent Opinions and Litigation - Part 2: In the Thick of the Action," IPIC 82nd Annual Meeting, Four Seasons Hotel, Toronto, October 16, 2008.
· "Patent Litigation in Canada," IPO Annual General Meeting, Hotel Del Coronado, San Diego, California, September 2008.
· "Does Canada Recognize a Regulatory or Experimental Use Exception to Patent Infringement," BIO 2006, McCormick Place Convention Center, Chicago, Illinois, April 12, 2006.
Rankings and recognitions
· Recognized by Benchmark Canada as a litigation star
· Best Lawyers in Canada, 2012 - Intellectual Property Law
· The International Who's Who of Life Sciences Lawyers, 2012
· IAM Patent Litigation 250 - The World's Leading Patent Litigators 2011
· IAM Life Sciences 250 - The World's Leading Life Sciences Patent Litigators 2011
· The International Who's Who of Patent Lawyers, 2011
· The Legal Media Group Guide to the World's Leading Patent Law Practitioners
· Chambers Global: The World's Leading Lawyers for Business, 2011: Intellectual Property (Litigation)
· PLC Which lawyer?, 2010-2011 - Life Sciences: Patent Litigation; Intellectual Property: Patent Litigation
· The Canadian Legal Lexpert Directory - Repeatedly recommended in Intellectual Property and Litigation - Intellectual Property.
· European Counsel Life Sciences Industry Report
Memberships and activities
· Intellectual Property Institute of Canada ( IPIC)
· Intellectual Property Owners Association (IPO)
- Antitrust & Competition Law Committee
· Licensing Executives Society (LES)
· Canadian Bar Association
· BIOTECanada
· BioQuébec
Related Publications
IP monitor - Bell Helicopter's certified landing gear does not infringe Eurocopter's patent
On January 30, 2012, Justice Martineau of the Federal Court released his decision in the case of Eurocopter (Société par action simplifiée) v. Bell Helicopter Textron Canada Limitée, in which Eurocopter claimed infringement of its patent relating to helicopter landing gear.
02/02/2012
Evolution of Canadian Intellectual Property Legislation Affecting Innovative Drug Products
Evolution of Canadian Intellectual Property Legislation Affecting Innovative Drug Products January 2012 The Norton Rose Canada LLP Guide to the "Evolution of Canadian Intellectual Property Legislation Affecting Innovative Drug Products" provides a brief historical survey of the legislative
01/01/2012
Guide to Canada's PM(NOC) Regulations and Data Protection with an additional section on Canada's Access to Medicines Regime
The Norton Rose Canada LLP "Guide to Canada's PM(NOC) Regulations and Data Protection" (January 2012 Update) contains an overview of Canada's PM(NOC), Data Protection and Access to Medicines Regime Regulations.
01/01/2012
From hair tonic to medicines and beyond: a view of the federal courts and intellectual property
On this occasion, the celebration of the 40th Anniversary of the Federal Court Act, the intention of this author is not to create an extensive compilation of authorities on the jurisdiction of the Courts in intellectual property.
28/10/2011
Patent listing - important issues that you should consider
For some practitioners, questions related to patent listing are just another item on the post-allowance checklist.
23/03/2010
Health Canada announces Health Product Vigilance Framework
On December 3, 2010, Health Canada announced a consultation on the Health Product Vigilance Framework (HPVF).
06/12/2010
Développements récents en matière de brevets
Au Canada, le droit des brevets a récemment fait l'objet de développements significatifs. L'interaction entre la Loi sur la concurrence et l'exercice de droits prévus par la Loi sur les brevets fut clarifiée par la Cour fédérale et la Cour d'appel fédérale.
13/11/2009
Country Q&A - Canada 2008 / 2009
Written by Penny S. Bonner, Martha A. Healey, Judith Robinson and Teresa J. Walsh of the Life Sciences team, the Country QA: Canada section of PLC's Cross-border Handbook on Life Sciences 2008/09 examines pertinent life sciences topics as they relate to Canada, including regulatory matters, pricing
05/03/2009
Federal Court of Appeal ups the ante for patentees litigating under the PM(NOC) Regulations
In Sanofi-Aventis Canada Inc. v. Novopharm Limited 2007 FCA 163 the Federal Court of Appeal has decided that a patentee who unsuccessfully challenges an allegation made by a generic drug manufacturer under the PM(NOC) Regulations cannot re-litigate the same allegation made by any subsequent generic
16/05/2007
La protection des secrets commerciaux en dehors de la relation employeur-employé
Certaines entreprises se résument à être des dispositifs d'exploitation de secrets commerciaux.
14/11/2003
Related News
The Hot Topic Of Hot Tubbing
Judith Robinson talks to Canadian Lawyer about proposed rule changes for expert testimony at the Federal Court.
04/01/2010
Ogilvy Renault Wins Again For Servier
Ogilvy Renault has just won another patent victory for Servier Canada. On June 30, 2009, the Federal Court of Appeal released its decision in Apotex et. al. v. Adir and Servier Canada Inc.
08/07/2009
Clashes between IP and competition rules growing
Judith Robinson talks to Law Times about the interaction between intellectual property law and competition law.
21/09/2009
The International Who's Who of Life Sciences Lawyers, 2008
Ogilvy Renault's internationally recognized life sciences team is top-notch in Canada, according to a leading international legal publication.
01/06/2008
Canadian Federal Court Set To Fast-Track Patent Cases
Dan Artola and Judith Robinson of the Intellectual Property Group discuss Ogilvy Renault's recent patent victory for Servier Canada.
15/09/2008