Allyson Whyte Nowak
Allyson Whyte Nowak practises intellectual property and related litigation, including patent litigation and trade secret litigation, as well as litigation related to copyrights, trade-marks and trade libel. She has particular expertise in damages actions under the Patented Medicines (Notice of Compliance) Regulations, at both the trial and appellate level, including the Supreme Court where she represented Canada’s Research-Based Pharmaceutical Companies as an intervener in the first appeal of a section 8 case to be considered by the court.
Ms. Whyte Nowak’s solicitor work includes freedom to operate, validity and infringement opinions, as well as advice in connection with the protection of trade secrets, including non-disclosure and confidentiality agreements and non-competition agreements.
Year of call
B.C.L./LL.B., McGill University, 1994
B.A.(Hons.), McGill University, 1989
- “Federal Court Practice and Procedure in Intellectual Property Matters,” panelist and workshop leader, Osgoode Hall Law School Professional Development CLE, Toronto, February 26, 2015.
- “Dispute Resolution,” Federated Press 6th Mastering IP & IT Transactions course, Toronto, October 22, 2014.
- “Tying Up Litigation Loose Ends: Consideration of Post-Settlement Issues,” as part of a concurrent professional development session The Art of Settling a Dispute: A Step-by-Step Guide to Negotiating, Papering the Deal and Enforcement, Canadian Bar Association Legal Conference & Expo & CCCA Annual Conference, Halifax, Nova Scotia, August 16, 2011.
Selected client work
- Counsel on 10 different actions brought under section 8 of the Patented Medicines (Notice of Compliance) Regulations for damages, including the second action to ever go to trial on the issue of quantification of section 8 damages and representation of the intervener, Canada’s Research-Based Pharmaceutical Companies, on the first section 8 damages case to be heard by the Supreme Court of Canada
- Intervention in the Federal Court of Appeal case of Amazon.com v. Canada (Commissioner of Patents) on behalf of the Canadian Bankers Association and Canadian Life and Health Insurance Association Inc.
- Represented The Bank of Nova Scotia in a patent infringement action in connection with a patent for the scanning and imaging of cheques and other financial instruments
- Patent infringement actions in connection with patents relating to balloon expandable stents, including the successful appeal of two summary judgments invalidating the patents at issue, which were the first cases to be decided under new section 78.6(1) of the Patent Act
- Co-counsel on a successful motion for summary judgment on a copyright infringement action brought by the Aga Khan, the 49th hereditary Imam of the Shia Imami Ismaili Muslims
- Defending a breach of confidence action for an innovative company in the field of global telecommunications
- Lead counsel on a motion to obtain an Anton Piller Order in an action for the misappropriation of confidential software code and an action for the misappropriation of confidential strategies for short-term futures trading
- Co-counsel on applications brought under the Patented Medicines (Notice of Compliance) Regulations and patent infringement actions in connection with a patented invention for a drug used for preventing and treating osteoporosis and Paget's disease and the process for its manufacture
- Advice and legal opinions with respect to the inventorship of patented treatments relating to hormone replacement therapy
- Co-counsel on Canada's first DNA patent trial and appeal involving the infringement of the patented invention for recombinant human erythropoietin (rhEPO)
Rankings and recognitions
- One of 7 Canadians named to the 2016 IP Stars list of the Top 250 Women in IP
- Best Lawyers in Canada, 2013-2017: Intellectual Property Law
- Canadian Legal Lexpert Directory, 2016: recommended in Litigation – Intellectual Property
- Who’s Who Legal Canada 2015 – Life Sciences
- Expert Guides Women In Business Law, 2014-2015 – Patents
- Canadian Legal Lexpert Directory, 2013: recommended in Litigation – Intellectual Property
Memberships and activities
- The Advocates’ Society
- The Canadian Bar Association
- Intellectual Property Section
- Litigation Section
- The Intellectual Property Institute of Canada
- Toronto Intellectual Property Group
As we reported, Teva Canada Ltd. was awarded damages pursuant to section 8 of the Regulations after Pfizer’s prohibition application under section 6 of the Regulations relating to an extended release formulation of venlafaxine hydrochloride.
January 23, 2017
The Federal Court of Appeal upheld findings of the Federal Court declaring the asserted claims of Canadian Patent No. 1,292,693 to be valid and infringed by Apotex’s manufacture, sale, and promotion of Apo-Omeprazole capsules, a generic version of AstraZeneca’s LOSEC®, but allowed Apotex’s appeal in respect of the appropriate limitation period for infringing activities..
January 18, 2017