Faylene practises intellectual property law with a focus on patent litigation, including proceedings under the Patented Medicine (Notice of Compliance) Regulations. Faylene has been involved in assisting clients on protecting and enforcing their patent portfolios in multiple jurisdictions. She also regularly prepares infringement, validity and freedom-to-operate opinions, particularly in respect of pharmaceutical patents.
A trained scientist with a doctorate in biochemistry and molecular biology from Dalhousie University, Faylene has had her scientific work in enzymology, organic chemistry, molecular biology and microbiology published in peer-reviewed journals and has presented at national and international chemistry conferences.
Areas of Expertise
Representative Work
- Teva Canada
Teva Canada in the Federal Court’s strike of judicial review by Novo Nordisk Canada Inc.
- Mylan Pharmaceuticals ULC
Mylan Pharmaceuticals in a patent proceeding brought by Amgen
- Mylan Pharmaceuticals ULC
Federal Court Rules in Favour of Mylan Pharmaceuticals ULC in Pantoprazole Magnesium Patent Case
Teva Canada in the Federal Court’s strike of judicial review by Novo Nordisk Canada Inc.
Mylan Pharmaceuticals in a patent proceeding brought by Amgen
Federal Court Rules in Favour of Mylan Pharmaceuticals ULC in Pantoprazole Magnesium Patent Case
Faylene has been involved in:
- Representing Teva Canada in the Federal Court’s strike of judicial review by Novo Nordisk Canada Inc.
- Representing major international pharmaceutical companies in applications under the Patented Medicines (Notice of Compliance) Regulations
- Representing a health and wellness company in a patent infringement action
Latest Insights
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Osler Update Jul 31, 2024
Winning wellness: strategic IP and regulatory considerations in Canada’s booming natural health products industry
Canadian natural health products have surged to an industry worth more than $13 billion in recent years. A strategic approach to intellectual...
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Osler Update Jul 4, 2017
Supreme Court holds that promises are not the yardstick to measure patent utility in Canada
The Supreme Court of Canada issued its highly anticipated reasons in AstraZeneca v Apotex 2017 SCC 36. The Supreme Court rejected the “promise...
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Osler Update Jan 16, 2017
First-ever judgment on Canadian information technology patent signals caution for owners of broad patents
In January 2017, the Federal Court found in MediaTube v Bell that Bell’s IPTV does not infringe a Canadian patent, signalling to information...
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Osler Update Jun 1, 2016
Federal Court limits number of experts to five per side for all phases of a proceeding
This ruling, which may still be appealed, may lower litigation costs in more complex proceedings, but it will require parties to select and marshal...
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Awards and Recognition
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Managing Intellectual Property: Rising Star
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The Doug Hogue Award for exceptional dedication and achievement in research and intradepartmental student activity
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World Intellectual Property Review (WIPR): Global Leader (2023)
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Walter C. Sumner Fellowship
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The Nova Scotia Health Research Foundation Ph. D. Studentship
Media Mentions
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Osler News Oct 25, 2023
Faylene Lunn and Sydney Young named 2023 Rising Stars by Managing IP
Congratulations to Faylene Lunn, partner, and Sydney Young, associate, from Osler’s Intellectual Property Group, for being named Managing IP Rising...
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Osler News Jun 29, 2023
Osler’s IP Group recognized in the IAM Patent 1000: The World’s Leading Patent Professionals 2023
Congratulations to our IP group for maintaining their gold ranking in addition to 6 individual rankings in the IAM Patent 1000: The World’s Leading...
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Osler News Apr 27, 2023
Osler’s Intellectual Property group receives Trademark Disputes Firm of the Year (Canada) at the Managing IP Americas Awards 2023
Congratulations to our Intellectual Property group for receiving the Trademark Disputes Firm of the Year (Canada) at the Managing IP Americas Awards...
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Osler News Oct 5, 2021
Faylene Lunn, Lillian Wallace, Sydney Young named Managing IP Rising Stars for 2021
For the second year in a row, Osler is pleased to congratulate partner Faylene Lunn, and associates Lillian Wallace and Sydney Young, on being...
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Speaking and Writing
Published Work
- Bloom G, Sookman B, Klee M, Fong B, Dawalibi D, Lunn F, Plamondon F. Canadian Copyright, Design, and Related Legislation and Jurisprudence: 2011. C.I.P. Rev. 2012; 28(1): 3-38.
- Lunn FA, Macleod TJ, Bearne SL. Mutational analysis of conserved glycine residues 142, 143 and 146 reveals Gly(142) is critical for tetramerization of CTP synthase from Escherichia coli. Biochem J. 2008; 412(1):113-21.
- Lunn FA, MacDonnell JE, Bearne SL. Structural requirements for the activation of Escherichia coli CTP synthase by the allosteric effector GTP are stringent, but requirements for inhibition are lax. J Biol Chem. 2008; 283(4):2010-20.
Credentials
Education
- Dalhousie University, J.D.
- Dalhousie University, Ph.D.
- Mount Allison University, B.Sc. (Hons.)
Languages
- English
Professional Affiliations
- Chair, National Intellectual Property Section of the Canadian Bar Association (2022-2023)
- Intellectual Property Institute of Canada
- Ontario Bar Association
