Patrick E. Kierans

Global Co-Head of Life Sciences and Healthcare, Senior Partner

Patrick Kierans

Toronto

T:+1 416.216.3904

F:+1 416.216.3930

M:+1 416.845.3904

Patrick Kierans practises in all areas of intellectual property law as a barrister, solicitor, trade-mark agent and patent agent. His expertise includes intellectual property litigation involving patents, trade-marks, copyright and acts of unfair competition, including misappropriation of trade secrets.

With many successful matters to his credit involving hundreds of millions of dollars, Mr. Kierans is often retained to lead complex intellectual property litigation involving, in particular, innovative pharmaceutical products. He has represented major pharmaceutical, telecommunications, credit card and consumer products companies. Mr. Kierans frequently gives opinions on infringement, validity and freedom to operate. He also frequently counsels the pharmaceutical industry on regulatory affairs, licensing, joint ventures and other development agreements. He regularly gives presentations on intellectual property law. Mr. Kierans practises before the courts of Quebec and Ontario, the Federal Court of Canada and the Supreme Court of Canada.

Mr. Kierans is global co-head of our life sciences and healthcare practice.

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  • Year of call
    Ontario 1979
    Quebec 1979
  • Year of registration
    Canada (patents) 1981
    United States (patents) 1981
    United States (trade-marks) 1981
    Canada (trade-marks) 1979
  • Law school
    LL.B., McGill University, 1977
    B.C.L., McGill University, 1976
  • Education
    M.Eng., Electrical Systems, Carleton University, 1972
    B.Sc., Electrical Engineering, Loyola College of Montréal, 1970
  • Speaking engagements

    Mr. Kierans is regularly called upon to give presentations on intellectual property law, including most recently

    • “TRIPS & NAFTA: Forgotten Promises - Is Canada compliant with its International Obligations?” 5th Annual Forum on Pharma Patents, The Canadian Institute, October 2006.
    • “Analytical Decision Making: A Legal Perspective,” American Intellectual Property Law Association Mid-Winter Institute, January 2005
    • “Licensing in the Pharmaceutical Industry,” IP Licensing Agreements Conference, June 2004
    • “Science and the Law: In the Context of Patented Medicines (Notice of Compliance) Regulations,” Federal Court Judges Conference, May 2004
    • “Patent Law and the Food and Drug Regulations,” Regulatory Affairs for Industry - Humber College, March 2004
    • “Preliminary Comments on Bill C-9 - Canada’s Proposal to Implement Paragraphs 6 of the DOHA Declaration on the TRIPS Agreement and Public Health of August 30, 2003 and Canada’s Obligation under TRIPS and NAFTA,” Insight Conference on Drug Patents, March 2004
    • “Joint Ventures, Co-Development and Co-Promotion Agreement in the Field of Pharmaceuticals and Biotechnology,” The Canadian Institute Workshop, February 2004
    • “How to Solve Practical Problems in Digital Discovery,” American Intellectual Property Law Association, La Quinta, CA, January 2004
    • “Licensing Agreements for Technology Transfer: Obligations of the Licensee,” The Canadian Institute Workshop, December 2003
    • “Licensing Agreements for Technology Transfer: Workshop on Negotiating and Drafting Intellectual Property License Agreements,” The Canadian Institute Workshop, June 2003
  • Selected client work

    M. Kierans is acting or acted for the following clients :

    • Merck Frosst in connection with its successful appeal of the first trial decision under section 8 of the Patented Medicines (Notice of Compliance) Regulations
    • Major pharmaceutical companies such as GlaxoSmithKline, Merck, Alcon, Sanofi-Synthelabo and Celltech (Medeva)
    • Ericsson Telecommunications
    • Vidéotron  
    • Pepsi
    • Fairmont Hotels
    • VISA
    • Hard Rock Café
    • Isotoner gloves
  • Rankings and recognitions
    • Chambers Global: The World’s Leading Lawyers for Business, 2011-2014: Intellectual Property: Litigation
    • Best Lawyers in Canada, 2012-2014 - Biotechnology Law, Intellectual Property Law
    • Canadian Legal Lexpert Directory, 2013: recommended in Biotechnology; Intellectual Property; Litigation – Intellectual Property
    • Benchmark Canada, 2012-2013 - recognized as a local litigation star in Ontario
    • Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada 2012 - 2013, most frequently recommended in the area of Intellectual Property and Intellectual Property Litigation
    • IAM Patent 1000 - World’s Leading Patent Practitioners, 2012
    • Canadian Legal Lexpert Directory, 2012: recommended in Litigation - Intellectual Property, Biotechnology and Intellectual Property
    • The International Who’s Who of Life Sciences Lawyers, 2011-2013 
    • 2011 Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (US Litigation Guide), Litigation - Intellectual property
    • The International Who’s Who of Patent Lawyers, 2012-2013
    • PLC Which lawyer?, 2011 - IP: non-patent litigation; IP: patent litigation; Life sciences: patent litigation
    • Global Counsel Life Sciences Handbook
    • Global Counsel Intellectual Property Handbook
    • AV Peer Review Rating from LexisNexis Martindale-Hubbell
    • The Legal Media Group Guide to the World’s Leading Patent Law Practitioners
  • Memberships and activities
    • Canadian Bar Association
    • Order of Engineers of the Province of Quebec
    • Association of Professional Engineers of Ontario
    • Intellectual Property Institute of Canada (past Councillor, past Chairman of Montréal section)
    • Institute of Electrical and Electronics Engineers
    • Licensing Executives Society (LES) (U.S.A./Canada), Inc. (past chairman of LES Montréal and past chairman of the LES Fellowship Committee)
    • American Intellectual Property Law Association
    • International Association for the Protection of Intellectual Property
    • Advocates’ Society Toronto
    • The Biotechnology Initiative
    • For ten years, Mr. Kierans was responsible for the intellectual property law course at McGill University