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Nathaniel Lipkus | Intellectual Property Litigator

Nathaniel Lipkus

Partner, Intellectual Property


Contact Information

nlipkus@osler.com

tel: 416.862.6787

Office

Toronto

Bar Admission

Ontario, 2007

New York, 2008

Education

University of Toronto, J.D./M.B.A. (Gold Medalist)

University of Toronto, B.Com. (Economics)

Language(s)
English

Nathaniel is an intellectual property litigator. His practice focuses on contentious legal issues confronting innovation-intensive industries, with an emphasis on patent and regulatory issues facing pharmaceutical and biotechnology companies.

Nathaniel has represented numerous companies in the life sciences, technology, energy and gaming industries in patent proceedings across Canada and pro hac vice in the United States. He has also litigated trade-mark, 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. He 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.

Nathaniel is a registered patent and trade-mark agent. In addition to his role as advocate, Nathaniel provides strategic advice on intellectual property portfolio and risk management, including in the context of IP transactions. He has assisted companies in a variety of innovation-intensive industries by coordinating intellectual property, regulatory and commercial strategies. Nathaniel also has a depth of experience advising on international trade-related intellectual property matters.

  • 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

    • 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:
      • 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
  • Find More

  • The Best Lawyers in Canada, 2017-2018, recognized in the area of Intellectual Property Law.
  • Managing IP 2017: IP Star, Patent (Canada).
  • Intellectual Asset Magazine (IAM) 1000 Worlds Leading Patent Professionals, 2016-2017 - Litigation: ranked as one of the world’s leading patent litigators.
  • The Canadian Legal Lexpert Directory, 2017, Repeatedly Recommended in the area of Biotechnology.
  • The Legal 500, 2017, recognized as a Recommended Lawyer in the area of Intellectual Property.
  • The Canadian Legal Lexpert Directory, 2016, Repeatedly Recommended in the area of Intellectual Property.
  • LMG Life Sciences Star, 2013-2015.

  • 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

 

  • Intellectual Property Institute of Canada – Council Member 2017-2019
  • The Advocates’ Society
  • Canadian Bar Association
  • American Bar Association

Publications

  • 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

Speaking Engagements

  • 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.