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Kristin Wall

Partner, Lawyer, Trade-mark Agent

Kristin Wall

Toronto

T:+1 416.216.3964

Kristin Wall practises in intellectual property law as a barrister and solicitor.

She has particular experience with matters involving the innovative pharmaceutical industry, including litigation proceedings under the Patented Medicines (Notice of Compliance) Regulations and Food and Drug Regulations as well as patent impeachment, infringement and damages actions. In addition, Ms. Wall advises on data protection, Form IV patent listing, biologics, drug advertising, drug reimbursement/pricing and intellectual property implications of Canada's international treaty obligations, including: the implementation of patent term restoration and patent reform under the Comprehensive Economic Trade Agreement (CETA) and the North American Free Trade Agreement (NAFTA).

Ms. Wall has appeared at all levels of the Federal Court and before the Supreme Court of Canada. She is a frequent presenter and contributor to publications in intellectual property and regulatory fields and is co-editor of the firm's Pharma in Brief bulletin.

Ms. Wall’s trade-mark practice focuses on providing opinions and advice on the registrability of trade-marks, prosecuting trade-mark applications, brand strategy and general trade-mark litigation. Her copyright practice focuses on copyright authorship and ownership disputes and providing opinions on licensing and enforcement.

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  • Education

    LL.B., University of Ottawa, 2004
    M.A., McGill University, 2001
    B.A., McGill University, 1999

  • Representative experience

     

    Ms. Wall has acted for the following clients:

    • Innovative Medicines Canada, the industry body for Canada's innovative pharmaceutical industry, generally advising on matters of intellectual property, law reform and court intervention/amicus briefs (e.g., NAFTA and Supreme Court of Canada interventions on promise of the patent/utility)
    • Pfizer, Ferring, GlaxoSmithKline, Eli Lilly in various proceedings under the Patented Medicines (Notice of Compliance) Regulations and Patent Act
    • GlaxoSmithKline and EpiCept in data protection litigation, including the first application to challenge the definition of "innovative drug"
    • Merck in connection with the first trial decision under section 8 of the Patented Medicines (Notice of Compliance) Regulations eliminating recovery of future losses outside of the defined section 8 statutory recovery period
    • Fairmont Hotels in various trade-mark prosecution and litigation matters to protect company trade-marks and corporate name
    • His Highness the Aga Khan in various copyright proceedings

     

  • Admissions
    • Canada (trade-marks) 2007
    • Ontario 2005
  • Publications
    • "How NAFTA renegotiation will affect trademarks and patents" (co-author: Corey McClary), The Lawyer's Daily, November 15, 2015
    • "Embracing change: Are you ready for legal and regulatory developments in Canada's intellectual property framework?" (co-author: Tracey Stott), Insights Spring 2017
    • Pharma in brief - CETA tracker: Senate passes CETA Bill C-30 to implement pharmaceutical patent reform May 12, 2017
    • Pharma in brief - CETA tracker: patent term restoration is coming soon to Canada – what you need to know now May4, 2017
    • Pharma in Brief - Canada signs on to CETA and proposes amendments to the Patent Act affecting pharmaceuticals November 2016
    • Pharma in brief - FCA confirms that inventor should not be held to elevated standard of utility absent a clear and unambiguous promise, September 2016
    • PMPRB announces incremental reform to the Compendium of Policies, Guidelines and Procedures, August 2016
    • Pharma in brief - Apotex continues to contest ATI decisions on ANDS: Information Commissioner upheld as proper party to Apotex ATI challenge, July 2016
    • PMPRB initiates consultations on changes to guidelines for determining excessive pricing of patented medicines, July 2016
    • Update: SCC denies leave to appeal – pharmacy customer incentive/loyalty programs for drugs and pharmacy services remain prohibited in BC, July 2016
    • Pharma in brief - Federal Court strikes application to declare the price control provisions of the Patent Act unconstitutional, July 2016
    • Pharma in brief - Minister of Health's decision maintaining import ban on Apotex drug products declared unlawful, June 2016
    • Pharma in brief - Federal Court stays NOC issuance pending judicial review of new drug's entitlement to data protection, July 2015
    • Pharma in brief - Official Publication of Amended PM(NOC) Regulations Now Available — Patents claiming single medicinal ingredients are eligible for listing on the Patent Register for combination drugs, June 2015
    • Pharma in brief - Amended PM(NOC) Regulations now in force — Patents claiming single medicinal ingredients are eligible for listing on the Patent Register for combination drugs, June 2015
    • Pharma in brief - Federal Court of Appeal affirms rejection of heightened sound prediction patent disclosure requirements, June 2015
    • Pharma in brief - Supreme Court of Canada affirms Federal Court of Appeal in ramipril section 8 quantification action, April 2015
    • Pharma in brief - Canada releases proposed amendments to the PM(NOC) Regulations - Patents claiming single medicinal ingredients are eligible for listing on the Patent Register for combination drugs, April 2015
    • Pharma in brief - Appeals filed for quashed subsequent entry biologic infliximab NOC, April 2015
    • Pharma in brief - Federal Court of Appeal holds PMNOC appeal moot - Innovator argument on CETA equal access to appeal right rejected, February 2015
    • Pharma in brief - Federal Court sets aside Minister of Health's decision to issue NOCs based on cross-referenced administrative drug submissions, January 2015
    • Pharma in brief - Generic companies seek leave to appeal to the Supreme Court of Canada on the "promise of the patent", January 2015
    • Pharma in brief - New developments on the patent "utility" debate in Canada, November 2014
    • Pharma in brief - STELARA® injunction overturned: biologics infringement/invalidity action is remitted back to the Federal Court for a new trial before a different judge, November 2014
    • Pharma in brief - Consolidated CETA text released – Patent term restoration and innovator right of appeal in PM(NOC) proceedings part of EU trade agreement, October 2014
    • Pharma in brief - Federal Court grants injunction that allows infringing biologic drug to stay on the market, June 2014
    • Pharma in brief - Court imposes cost sanctions for repeat litigation under NOC Regulations, May 2014
    • Pharma in brief - No retroactive access to section 8 - Supreme Court refuses to hear appeal to set aside earlier prohibition order in the face of later held patent invalidity, April 2014
    • IP monitor - Harley revs up big brand power in depreciation of goodwill challenge, April 2014
    • Update on regulatory naming issues and recent pharmaceutical trade-mark cases in Canada, March 2014
    • Pharma in brief - Update on regulatory pharmaceutical naming issues , March 2014
    • Pharma in brief - Supreme Court of Canada grants Apotex leave to appeal (again) in regard to the PLAVIX® Patent, January 2014
    • Robinson's crusade: Copyright infringement considered by the Supreme Court of Canada, December 2013
    • Thalidomide: The impact of one drug on Canadian drug regulation, November/December 2013
    • Pharma in brief - Canada: Merck awarded substantial damages for infringement of lovastatin patent, July 2013
    • A bitter pill to swallow, April 2012
    • Pharma in brief - Canada: Norton Rose releases 2012 IP Guides on the PM(NOC) and Data Protection Regulations, March 2012
    • Pharma in brief - Canada: Federal Court overturns the Minister of Health's decision and grants data protection for THALOMID®, February 2012
    • EU demands Canada increase IP rights for pharmaceuticals, January/February 2012
    • CETA trade negotiations 2011 – drug market exclusivity in the EU and Canada, October 2011
    • Pharma in brief - Canada - Federal Court of Appeal refuses to set aside prohibition order following a successful impeachment action, July 2011
    • Pharma in brief - Validity of Data Protection Regulations Confirmed: Supreme Court of Canada dismisses application for leave to appeal by generic manufacturers, July 2011
  • Speaking engagements
    • Panel Speaker, Innovator Perspective on the Patented Medicine Prices Control Board (PMPRB) Modernization, Ontario Bar Association, Navigating the PMPRB: From Scientific Review to Hearing, December 7, 2017.
    • "Are you CETA Ready? Introduction to the new CETA Regulations," Innovative Medicines Canada, September 21, 2017.
    • "AstraZeneca v. Apotex: Promising Change in Patent Law," Intellectual Property Institute of Canada webinar, July 20, 2017.
    • "Canada's Implementation of CETA: CETA – for better or worse? Interpat General Assembly, June 20, 2017.
    • "Genetic Sequencing: where science leads - will the law follow? 5th Annual IBA World Life Sciences Conference, June 16, 2017.
    • "The Future of Pharmaceuticals and Investor-State Dispute Resolution," 4th Annual IBA World Life Sciences Conference, June 4, 2016.
    • "Damage Control: Remedies in Canadian Intellectual Property Litigation," Chartered Business Valuators' Webinar, April 22, 2015.
    • "Intellectual Property Law Primer," guest lecturer, Drug Discovery and Development course, Biomedical Discovery and Commercialization program, McMaster University, February 23, 2015.
    • "Protecting Non-Traditional Marks Around the World" (co-presenter: Timothy M. Kenny), 2014 Midwest IP Institute, September 19, 2014.
    • "Patent Term Extensions and Supplementary Protection Certificates (SPCs) – latest developments," Canadian panel member, AIPPI World IP Congress, September 16, 2014.
    • "Legal Issues for Biologics," guest lecturer, Biologics – What does the future hold? conference, The Canadian Association for Healthcare Reimbursement, June 11, 2014.
  • Memberships and activities

     

    • Canadian Bar Association
    • Law Society of Upper Canada
    • Intellectual Property Institute of Canada
    • The Advocates’ Society
    • International Association for the Protection of Intellectual Property