Nathaniel is an intellectual property litigator and strategist, with an emphasis on patent, commercial IP and life sciences regulatory issues. He is also a registered Canadian patent and trademark agent.
Nathaniel has represented numerous companies in a wide variety of industries in patent proceedings across Canada and pro hac vice in the United States. He has successfully argued leading cases on patent eligibility in the life sciences and software fields. He has also litigated trademark, copyright, trade secret and other commercial matters. Nathaniel was lead counsel for the Children’s Hospital of Eastern Ontario in Canada’s only patent litigation involving claims to human genes, representing the hospital pro bono.
Nathaniel has also advocated on behalf of life sciences clients before numerous regulatory agencies in Canada and the United States on intellectual property, regulatory approval, pricing and reimbursement, and antitrust matters. This advocacy involves managing IP issues, removing barriers to health product approval, and law reform efforts.
In addition to his role as advocate, a significant part of Nathaniel’s practice is assisting emerging and high-growth companies with business-critical intellectual property issues, including IP in large acquisitions, strategic IP licensing, IP risk management, and IP structuring in ongoing operations. This work enables Nathaniel to engage with a high throughput of clients and IP issues at the cutting edge in a variety of technological fields.
Nathaniel also has a depth of experience advising on international trade-related intellectual property matters, having served as Chair of the Intellectual Property Institute of Canada’s IP Trade Policy Committee during Canada’s negotiation of the Canada-European Union Comprehensive Economic and Trade Agreement and Trans-Pacific Partnership.
Representative Work
- Promise Robotics
Promise Robotics in its closing of a $20.8 million Series A financing round
- Mylan Pharmaceuticals ULC
Mylan Pharmaceuticals ULC in its patent litigation victory against Eli Lilly
- Nimble Science
Nimble Science in its raising of US$ 2 million in a Series A financing round
- MoonPay
MoonPay in its acquisition of Nightshift
- AtomVie Global Radiopharma
AtomVie in its spinout and Series A Financing
- Canalyst
Canalyst in its acquisition by Tegus
- Nicoya Lifesciences
Nicoya Lifesciences in its acquisition of LSK Technologies
- Inkbox Ink
Inkbox Ink in its US$65 million acquisition by BIC
- Agilysys
Agilysys in its US$25 million acquisition of ResortSuite
- Waabi
Waabi in its launch and US$83.5 million Series A financing round
- Echosec Systems
Echosec Systems in its acquisition by The Tusker Fund
- Teva Canada
Teva Canada in the Federal Court’s strike of judicial review by Novo Nordisk Canada Inc.
- Teva Canada
Teva Canada in its successful patent proceeding
- Sinclair Interplanetary
Sinclair Interplanetary in its acquisition by Rocket Lab
- Georgian Partners
Georgian Partners in its Series C investment in Fiix Inc.
- JMI Equity
JMI Equity's $115 million investment in Vena
- Husky Energy Inc.
Husky Energy Inc. in its proposed acquisition of MEG Energy Corp. for $6.4 billion
- Sanja Fidler
Sanja Fidler in her appointment to lead Nvidia's new Toronto AI research facility.
- EMR Capital
EMR Capital in its announced agreement to acquire the Cerro Colorado mine in Chile from BHP Billiton Limited for an aggregate cost of up to US$320 million, US$50 million of which is contingent on the future price of copper.
- Professor Raquel Urtasun
Professor Raquel Urtasun in her hiring by Uber to lead a new Toronto-based research and development centre for its Advanced Technologies Group
- Mylan Pharmaceuticals ULC
Federal Court Rules in favour of Mylan Pharmaceuticals ULC in an anti-inflammatory combination drug patent case
- Dialogue Health Technologies Inc.
Dialogue in its acquisition by Sun Life Financial
-
<!–
- Mylan Pharmaceuticals ULC in its patent litigation victory against Eli Lilly
- MoonPay in its acquisition of Nightshift
- AtomVie in its spinout and Series A Financing
- Canalyst in its acquisition by Tegus
- Nicoya Lifesciences in its acquisition of LSK Technologies
- Inkbox Ink in its US$65 million acquisition by BIC
- Agilysys in its US$25 million acquisition of ResortSuite
- Waabi in its launch and US$83.5 million Series A financing round
–>
- Lead counsel in Children’s Hospital of Eastern Ontario v Transgenomic Inc gene patent litigation (T-2249-14)
- Represented several complex pharmaceutical companies, chemical suppliers, energy, and gaming technology companies including:
- Teva Canada in the Federal Court’s strike of judicial review by Novo Nordisk Canada Inc.
- Teva Canada in its successful multi-party patent proceeding involving the drug rivaroxaban (XARELTO)
- Mylan Pharmaceuticals ULC in numerous proceedings under the Patent Act and Patented Medicines (Notice of Compliance) Regulations in matters involving patent infringement, validity and damages
- Halliburton Energy Services Inc. in cross-border oil well extraction technology patent litigation
- Innovators in high-profile cross-border software patent litigation involving wireless email and financial services technology
- Multiple gaming technology companies in patent and trade secret proceedings
- Multiple pharmaceutical companies and chemical suppliers in patent infringement and Patented Medicines (Notice of Compliance) Regulations proceedings
Promise Robotics in its closing of a $20.8 million Series A financing round
Mylan Pharmaceuticals ULC in its patent litigation victory against Eli Lilly
Nimble Science in its raising of US$ 2 million in a Series A financing round
MoonPay in its acquisition of Nightshift
AtomVie in its spinout and Series A Financing
- Canalyst
Canalyst in its acquisition by Tegus
- Nicoya Lifesciences
Nicoya Lifesciences in its acquisition of LSK Technologies
- Inkbox Ink
Inkbox Ink in its US$65 million acquisition by BIC
- Agilysys
Agilysys in its US$25 million acquisition of ResortSuite
- Waabi
Waabi in its launch and US$83.5 million Series A financing round
- Echosec Systems
Echosec Systems in its acquisition by The Tusker Fund
- Teva Canada
Teva Canada in the Federal Court’s strike of judicial review by Novo Nordisk Canada Inc.
- Teva Canada
Teva Canada in its successful patent proceeding
- Sinclair Interplanetary
Sinclair Interplanetary in its acquisition by Rocket Lab
- Georgian Partners
Georgian Partners in its Series C investment in Fiix Inc.
- JMI Equity
JMI Equity's $115 million investment in Vena
- Husky Energy Inc.
Husky Energy Inc. in its proposed acquisition of MEG Energy Corp. for $6.4 billion
- Sanja Fidler
Sanja Fidler in her appointment to lead Nvidia's new Toronto AI research facility.
- EMR Capital
EMR Capital in its announced agreement to acquire the Cerro Colorado mine in Chile from BHP Billiton Limited for an aggregate cost of up to US$320 million, US$50 million of which is contingent on the future price of copper.
- Professor Raquel Urtasun
Professor Raquel Urtasun in her hiring by Uber to lead a new Toronto-based research and development centre for its Advanced Technologies Group
- Mylan Pharmaceuticals ULC
Federal Court Rules in favour of Mylan Pharmaceuticals ULC in an anti-inflammatory combination drug patent case
- Dialogue Health Technologies Inc.
Dialogue in its acquisition by Sun Life Financial
-
- <!–
- Mylan Pharmaceuticals ULC in its patent litigation victory against Eli Lilly
- MoonPay in its acquisition of Nightshift
- AtomVie in its spinout and Series A Financing
- Canalyst in its acquisition by Tegus
- Nicoya Lifesciences in its acquisition of LSK Technologies
- Inkbox Ink in its US$65 million acquisition by BIC
- Agilysys in its US$25 million acquisition of ResortSuite
- Waabi in its launch and US$83.5 million Series A financing round
–>
- Lead counsel in Children’s Hospital of Eastern Ontario v Transgenomic Inc gene patent litigation (T-2249-14)
- Represented several complex pharmaceutical companies, chemical suppliers, energy, and gaming technology companies including:
- Teva Canada in the Federal Court’s strike of judicial review by Novo Nordisk Canada Inc.
- Teva Canada in its successful multi-party patent proceeding involving the drug rivaroxaban (XARELTO)
- Mylan Pharmaceuticals ULC in numerous proceedings under the Patent Act and Patented Medicines (Notice of Compliance) Regulations in matters involving patent infringement, validity and damages
- Halliburton Energy Services Inc. in cross-border oil well extraction technology patent litigation
- Innovators in high-profile cross-border software patent litigation involving wireless email and financial services technology
- Multiple gaming technology companies in patent and trade secret proceedings
- Multiple pharmaceutical companies and chemical suppliers in patent infringement and Patented Medicines (Notice of Compliance) Regulations proceedings
Latest Insights
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Osler Update Sep 16, 2024
Curb your (lobbying) enthusiasm? Navigating Canada’s lobbying regulations – insights for the pharmaceutical industry
The interplay of legal frameworks, ethical considerations and diverse stakeholders make lobbying a complex and sensitive process.
Read more -
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...
Read more -
Osler Update Jul 22, 2024
U.K. appellate court rules artificial neural network application is not patent-eligible subject matter
Although artificial neural networks (ANNs) have evolved to increasingly form the backbone of modern commerce, their patentability remained...
Read more -
Video Apr 27, 2023
Can AI be an inventor on a patent or author of a copyrighted work?
Artificial intelligence (AI) proponents are testing the limits of today’s intellectual property laws. AI technologies, such as ChatGPT and DALL-E...
Read more
Awards and Recognition
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Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Intellectual Property: Litigation
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The Canadian Legal Lexpert Directory: Recognzied in Intellectual Property; Litigation – Intellectual Property; Life Sciences & Health
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The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada: Recognized in Intellectual Property
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Best Lawyers in Canada: Recognized in Intellectual Property Law
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Legal 500: Recognized in Intellectual Property
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Who’s Who Legal: Recognized in Life Sciences, Patent Litigation (International); Life Sciences (Canada); Patents
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Intellectual Asset Magazine (IAM) Patent 1000: World’s Leading Patent Professionals: Recognized in Litigation as one of the world’s leading patent litigators
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Thomson Reuters: “Stand-out Lawyer”
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Managing Intellectual Property – IP Stars: Recognized as a Patent Star
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LMG Life Sciences: Leading Lawyer (Intellectual Property)
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World Intellectual Property Review (WIPR): Global Leader (2023)
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Lexpert Special Edition: Recognized in Technology and Health Sciences; Recognized in Litigation
Media Mentions
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Osler News Apr 22, 2024
Six Osler lawyers recognized by Who’s Who Legal Life Sciences — Canada
Osler congratulations the six members of the firm who have earned the “Recommended” rating from Who’s Who Legal (WWL) Life Sciences — Canada.
Read more -
Osler News Jan 9, 2024
34 Osler lawyers recognized in 2024 Lexpert/American Lawyer Guide to Leading 500 Lawyers in Canada
Osler is pleased to announce that 34 of our lawyers have been recognized in the 2024 edition of the Lexpert/American Lawyer Guide to the Leading 500...
Read more -
Osler News Nov 23, 2023
23 Osler lawyers recognized in Lexpert Special Edition: Litigation 2023
23 Osler lawyers featured in the Lexpert Special Edition: Litigation 2023.
Read more -
Media Mentions Nov 16, 2023
License to innovate – Glass Canada magazine
Thorough research is essential when assessing the need for intellectual property protection.
Read more
Community Involvement
- Counsel to Children’s Hospital of Eastern Ontario in Long QT human gene patent litigation
- Provided assistance to Incentives for Global Health in respect of Health Impact Fund
- Regular volunteer at Law Help Ontario at Ontario Superior Court of Justice, 2012–2014
- Represented clients within Pro Bono Law Ontario Appeals Assistance Project
Speaking and Writing
Speaking Engagements
Published Work
Publications
- Co-author of The Canadian Intellectual Property Guide (2018) published by the Chinese National Intellectual Property Administration (CNIPA – formerly SIPO).
- Time to Revisit Exclusion of the Prosecution History in Patent Litigation (2015), 30(2) Canadian Intellectual Property Review 167 (with Matthew Frontini)
- Patentability of New and Useful Arts in Canada: In Need of New and Useful Doctrine?, 27(1) Canadian Intellectual Property Review 61, 2011
- The Evolution of Obviousness and Anticipation Law in Canada and the Impact on Pharmaceutical Litigation, Presented at 10th Annual Forum on Pharma Patents (October 26, 2011)
- The risks of litigating drug patents in Canada, Managing Patents (online), 2010
- Guidance for reconciling patent rights and disclosure of findings at scientific meetings (2010) Health Research Policy and Systems 2010, 8:15
- Why you must prosecute with candour, Managing IP, February 2010, pages 24–26
- Addressing Legal & Political Barriers to Global Pharmaceutical Access: Options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards (2008) Health Economics, Policy and Law (2008), 0:1-28
- Follow-on Biopharmaceuticals: A New Frontier in the Battle between Brand and Generic (2007) Antitrust Health Care Chronicle
- A Tale of Two Remedies: Rationalizing the Anton Piller Order in Canada (2006) 19(3) Intellectual Property Journal 459
- How to Understand Product Development Public-Private Partnerships as Vehicles for Innovation in Combating Neglected Disease (2006) 10(1) Journal of Medicine & Law 385
- Testimony on behalf of IPIC at the House of Commons Standing Committee on International Trade with regard to balancing effective IP protection with the imperative of access to essential vaccines. April 16, 2021.
- Conference Co-Chair, Canadian Institute, Pharma Symposium. March 31–April 1, 2015.
- “The Fight against Counterfeit Drugs: Understanding the Problem and What We Can Do About It,”, Webinar for Pharmaceutical Sciences Group Members. October 23, 2014.
- “CETA and TPP: How Trade Agreements are Transforming Canadian IP”, Presentation at Intellectual Property Institute of Canada 88th Annual General Meeting. October 17, 2014.
- “Drug and Devices Hot Topics: Recent Patent Developments”, Panel Presentation at Food & Drug Law Institute’s Canada Conference. May 15, 2014.
- “Where Regulation meets Litigation: How Courts are Used to Resolve Drug & Device Disputes”, Presentation at Pharmaceutical Sciences Group Annual Meeting. May 13, 2014.
- “Patenting Life: Where Do We Draw the Line?”, Presentation at University of Toronto Faculty of Law Technology & Intellectual Property Law Conference. March 5, 2014.
- “IP Management”, Presentation at MaRS Discovery District Entrepreneurship 101 Lecture Series. November 20, 2013.
- “Pharmaceutical Price-Setting: Nowhere to Go But Down?”, Presentation at Canadian Institute, 7th Annual Drug Pricing & Reimbursement Conference. June 5, 2013.
- “IP in the 21st Century – How International Trade Agreements are Transforming Global IP”, Webinar for Intellectual Property Institute of Canada Members. May 22, 2013.
- “Patent Wars”, Presentation at University of Toronto Faculty of Law Technology & Intellectual Property Law Conference. March 6, 2013.
- “The Real Drug War: Pharma IP in International Trade Negotiations”, Presentation at Canadian Institute, 11th Annual Forum on Pharma Patents. October 29, 2012.
- “Biosimilars: You Ain’t Seen Nothing Yet”, Presentation at Canadian Institute, 6th Annual Drug Pricing & Reimbursement Conference. June 11–12, 2012.
- “Pharmaceutical Anticipation and Obviousness”, Presentation at Canadian Institute, 10th Annual Forum on Pharma Patents. October 26, 2011.
Speaking Engagements
Credentials
Education
- University of Toronto, J.D./M.B.A. (Gold Medalist)
- University of Toronto, B.Com. (Economics)
Languages
- English
Professional Affiliations
- Intellectual Property Institute of Canada – Treasurer (2022–2023)
- The Advocates’ Society
- Canadian Bar Association
- American Bar Association