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Jane E. Caskey

Global Head of Risk Advisory

Jane E. Caskey

Toronto

T:+1 416.216.1899

Jane Caskey is global head of our risk advisory practice. She currently sits as a member of our global executive committee and our Canadian management committee.

Ms. Caskey practises intellectual property law, including all aspects of trade-mark and patent litigation including expertise in remedies and damages references, trade-mark prosecution, and opposition work. She is also involved in advising clients on strategy, branding issues, identifying and commercializing IP rights, IP support in corporate commercial transactions and trade-mark portfolio management and strategy. Ms. Caskey has particular expertise in the pharma/life sciences industry.

Ms. Caskey has extensive experience as an advocate at both the trial and appellate levels and appears regularly before the Federal Court of Canada and the Superior Court of Justice of Ontario. She also participates in resolving client issues through negotiation/alternative dispute resolution and has broad experience as an advocate on arbitrations and mediations. Ms. Caskey is a frequent lecturer at Insight, The Canadian Institute, Federated Press and the Advocates’ Society, and has written articles on IP enforcement, counterfeiting, protection and licensing of IP rights.

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  • Education

    LL.B., McGill University, 1994
    B.A. (Hons.), Western University, 1991

  • Representative experience

    Ms. Caskey has acted for the following clients:

    • Pfizer Inc. in relation to damages in section 8 and infringement disputes for Lipitor
    • GlaxoSmithKline in relation to multiple patent infringement actions and damages references, section 6 and section 8 PM(NOC) proceedings for numerous drugs, including RETROVIR, COREG, AVODART, and VALTREX
    • Merck in relation to a damages reference following a judgment of infringement and validity of Merck’s patent for lisinopril
    • Eli Lilly in multiple patent infringement and section 6 PM(NOC) proceedings
    • Boehringer Ingelheim providing patent strategic advice
    • Warner Chilcott plc in its acquisition and financing of Procter & Gamble’s worldwide pharmaceuticals business for US$3.1 billion and its regulatory, market access and branding strategy
    • Henkel Corporation for IP strategy, patent and trade-mark protection, oppositions and litigation
    • Royal Bank of Canada in relation to its patent and trade-mark strategy and litigation, and portfolio management
    • Visa Canada Corporation for trade-mark strategy, prosecution and litigation and in connection with its global restructuring of the Visa worldwide enterprise and its trade-mark rights worldwide
    • Dial Corporation for trade-mark infringement and comparative advertising against Apollo Inc. before the Federal Court of Canada

  • Admissions
    • Canada (trade-marks) 2007
    • Ontario 1996
  • Rankings and recognitions
    • Chambers Canada, Nationwide: Intellectual Property - Litigation, Chambers and Partners, 2018
    • Best Lawyers in Canada (2013-2017) – Intellectual Property Law
    • Chambers Global: Canada, 2012-2017: Intellectual Property: Litigation
    • Canadian Legal Lexpert Directory (2016): recommended in Intellectual Property Law
    • World Trademark Review (2013, 2016) – expert in enforcement and litigation
    • The Legal 500 Canada (2016): Intellectual Property: Litigation
    • Ranked under “Trade Mark” in Legal Media Group’s Guide to Leading Women in Business Law, 2014
    • 2012 Canada’s Most Powerful Women: Top 100™ Award Winner
    • Ranked “Excellent” under Patent Litigation and Trademarks by Leaders League: InnovationTechnology & Intellectual Property (2011)
    • Lexpert’s Leading Litigators to Watch (2008)
    • Lexpert’s Top 40 Under 40 (2007)
  • Speaking engagements
    • “Disconnect in the Canadian Courts’ Approach to Drug Patents - Favouring Economic Rights over Exclusivity yet Falling Short on Compensation,” Insight, January 2006.
    • “Intellectual Property License Agreements (Patents and Trade-marks): Obligations of the Licensee,” The Canadian Institute, December 8, 2004.
  • Memberships and activities
    • International Trademark Association
    • Canadian Bar Association 
    • Intellectual Property Owners Association
    • Intellectual Property Institute of Canada
    • The Advocates’ Society
    • IP Osgoode Law School
    • Huron University College Corporation
    • Women’s Law Association (former director)
    • Society of Obstetricians and Gynaecologists of Canada (former director)