Steven Tanner: Lawyer with McCarthy Tétrault LLP

Steven Tanner

Toronto,  ON  Canada

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Experience & Credentials

Practice Areas

  • Intellectual Property
  • IP Litigation
Mailing AddressSuite 5300, TD Bank Tower, Toronto Dominion Centre, Toronto, ON, M5K 1E6
University University of Waterloo, B.Sc., Co-operative Biochemistry, Honours, 2001
Law SchoolUniversity of Toronto Law School, J.D., 2005
Admitted2006, Ontario
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 partner 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.


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Federal Court Dismisses Notion that Patents Should Be Given Only One Interpretation for All Purposes
Sanjaya Mendis,Steven Tanner, June 27, 2014
In a pair of simultaneously released decisions on June 13, 2014, Justice O’Reilly allowed Allergan’s applications (the “Applications”) prohibiting the Minister of Health from issuing NOCs to Cobalt (now “Actavis”) (2014 FC 566) and Apotex (2014 FC 567) to market...

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;...
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Office Information

Steven Tanner

66 Wellington Street
TorontoON M5K 1E6


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