|Mailing Address||Suite 5300, TD Bank Tower, Toronto Dominion Centre, Toronto, ON, M5K 1E6|
|University ||University of Waterloo, B.Sc., Co-operative Biochemistry, Honours, 2001|
|Law School||University of Toronto Law School, J.D., 2005|
|Memberships ||Toronto Intellectual Property Group; Intellectual Property Institute of Canada; Law Society of Upper Canada; Ontario Bar Association; Canadian Bar Association. |
Steven Tanner is a senior associate in our Intellectual Property Litigation Group in Toronto.
Mr. Tanner practices exclusively in the areas of Intellectual Property and Litigation, with an emphasis on pharmaceutical patent litigation and oil and gas patent litigation. He appears frequently in the Federal Court and Federal Court of Appeal, primarily in patent disputes.
A primary focus of Mr. Tanner's practice relates to pharmaceutical litigation brought pursuant to the PM(NOC) Regulations. A selection of Mr. Tanner's significant counsel work at hearings on behalf of innovative drug companies includes the following applications:
•Allergan Inc. et al v. Sandoz Canada Inc. et al (T-154-10) Re: COMBIGAN
•Allergan Inc. et al v. Apotex Inc. et al (T-1560-10 / A-312-12) Re: COMBIGAN
•Allergan Inc. et al v. Cobalt Pharmaceuticals Company et al (T-1125-12) Re: LUMIGAN RC
•Allergan Inc. et al v. Apotex Inc. et al (T-1151-12) Re: LUMIGAN RC
•Abbott Laboratories Limited et al v. Apotex Inc. et al (T-585-06) Re: PREVACID
•Merck Co. Inc. et al v. Pharmascience Inc. et al (T-1476-08) Re: PROPECIA
•Schering-Plough Canada Inc. et al v. Pharmascience Inc. et al (T-2102-07) Re: AERIUS
•Fournier Pharma Inc. et al v. Sandoz Canada Inc. et al (T-1184-10) Re: LIPIDIL EZ
Mr. Tanner's practice also focuses on patent infringement actions relating to pharmaceuticals. His significant efforts include AbbVie Corporation and others' litigation against Janssen Inc. involving the biologic drug STELARA. In reasons dated January 17, 2014, Justice Hughes held that Janssen had infringed valid claims of AbbVie's patent. Justice Hughes' decision is significant as it is the first decision of the Federal Court relating to the enforcement of patent rights in respect of a biologic drug.
Beyond pharmaceutical litigation, Mr. Tanner has actively represented clients in oil gas patent infringement cases. He was counsel for Wenzel Downhole Tools at the Federal Court of Appeal and in numerous cases pending before the Federal Court relating to downhole drilling and SAGD processes for the recovery of bitumen.
Mr. Tanner has also represented clients in patent infringement actions relating to consumer products (as counsel for Costco Wholesale and Wal-Mart Canada), life sciences (as counsel for Fresh Headies Internet Sales), machinery (as counsel for Beverly Turf Farms and John Vanderwoude Sod Farms) and paper products (as counsel for Kimberly-Clark).
Mr. Tanner's litigation experience extends beyond patent law and includes significant representation in matters involving defamation, trade-secrets, aboriginal issues and enforcement of Anton Piller orders.
Mr. Tanner received his Honours Co-operative Biochemistry (Biotechnology option) BSc from the University of Waterloo in 2001, and his JD from the University of Toronto Law School in 2005. He was called to the Ontario bar in 2006.
Mr. Tanner is a member of the Toronto Intellectual Property Group (TIPG), the Intellectual Property Institute of Canada (IPIC), the Law Society of Upper Canada (LSUC), the Ontario Bar Association (OBA) and the Canadian Bar Association (CBA).
In his spare time, Mr. Tanner is an avid guitar player. His band has released two albums and has performed at the El Mocambo in Toronto. He is also a dedicated downhill skier who has challenged the slopes in BC, Alberta, Quebec, Colorado, Wyoming, Vermont, New York, Arizona, New Mexico and Utah.
Documents by this lawyer on Martindale.com
Your Patent Has Been Infringed: Enforcement of Oil and Gas Patents in Canada
Timothy St. J. Ellam,Steven Tanner, June 3, 2014
Patent disputes are on the rise. 101 patent infringement actions were filed in in the Federal Court in 2013 as compared with 48 patent infringement cases in 2012. As we explained previously, part of that increase is due to an increase in oil and gas patent litigation. This raises the question;...
Patent Law Historical Observations: Oil and Gas
Timothy St. J. Ellam,Steven Tanner, April 2, 2014
We recently posted an article reviewing the year past in oil and gas patent litigation. We analyzed new Federal Court cases and issued decisions and provided commentary on future implications.
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