Brian Daley practises intellectual property law, with a focus on patents, trade-marks and litigation at the trial, appellate and Supreme Court levels. He has particular experience in regulatory matters and litigation involving mechanical, medical device and pharmaceutical patents. He worked as an engineer for four years before studying law.
Mr. Daley is often retained to act as lead counsel on complex patent litigation and has been recognized as one of Canada’s leading lawyers in this area. This includes patent infringement actions as well as summary proceedings under Canada’s Patented Medicines (Notice of Compliance) Regulations. He has also successfully defended damages claims brought by generic pharmaceutical companies who claim to have been kept off the market because of proceedings brought by patentees.
Mr. Daley recently obtained an important victory in the Federal Court of Appeal in one of the few patent cases in recent years involving interim and interlocutory injunctions.
Mr. Daley is a frequent presenter to professional organizations and companies as well as a contributor to publications in the intellectual property and regulatory fields in North America and Europe.
He is the pharmaceutical and life sciences international business group leader within the life sciences and healthcare industry group in Canada.
He is a member of the Canadian Bar Association national intellectual property section executive.