Senior partner, Lawyer, Trademark Agent
Norton Rose Fulbright Canada LLP
Related services and key industries
Judith Robinson is national practice head of our intellectual property practice in Canada and practises as a barrister, solicitor and trademark agent in all areas of intellectual property law, with a particular emphasis on intellectual property litigation before the courts and alternative dispute resolution. She is also active in various administrative law matters that arise concerning intellectual property rights, including the representation of clients before administrative tribunals and judicial review applications to the Federal Court.
As regards trial work, Ms. Robinson was lead counsel to Bell Helicopter Textron Canada Limited in a patent infringement and validity action and for a second trial to quantify compensatory and punitive damages. She led a team to a successful judgment in 2008 that the Servier perindopril patent was valid and infringed, defeating a counterclaim that asserted anti-competitive practices, and a second trial to account for the profits payable to Servier. Prior to that, she was counsel to Merck in obtaining a judgment of infringement and validity of Merck’s patent for lisinopril. She has particular experience in expedited trial procedure, including her role as counsel on a “test case” fast-track patent action before the Federal Court. Ms. Robinson is also involved in the damages assessment phase of intellectual property litigation.
In the pharmaceutical sector, Ms. Robinson has been active in litigation and strategic work related to the Patented Medicines (Notice of Compliance) Regulations since the introduction of this regime in 1993, as well as the subsequent data protection legislation. She also counsels clients on various regulatory matters.
The solicitor work in which she is involved includes freedom to operate, validity and infringement opinions across a variety of industries, as well as commercial agreements.
Ms. Robinson previously served as chair of the Montréal intellectual property group and then as Quebec regional chair of our intellectual property practice.
- Quebec 1991
- Canada (trademarks) 1992
- Bell Helicopter Textron Canada Limited
- E.I. du Pont de Nemours and Company
- GlaxoSmithKline Inc.
- Merck Canada Inc.
- Merck Sharp & Dohme Corp.
- Pfizer Canada Inc.
- Pfizer Inc.
- Sanofi-aventis Canada Inc.
- Servier Canada Inc.
- Chambers Canada, Nationwide: Intellectual Property - Litigation, Chambers and Partners, 2020
- Best Lawyers in Canada: 2018 Intellectual Property Lawyer of the Year
- Expert Guides 2017: Women in Business Law
- Who's Who Legal: Life Sciences 2017
- Benchmark Canada (2017): Litigation Star
- IP Stars : Top 250 Women in IP, 2017
- Best Lawyers in Canada (2018): Biotechnology Law; Intellectual Property Law
- Chambers Global, Canada: Intellectual Property - Litigation, Chambers and Partners, 2018
- The Legal 500 Canada: Intellectual Property (Leading Lawyer), 2020
- IAM Patent 1000: Litigation (2017)
- Canadian Legal Lexpert Directory, 2017-2019: recommended in Biotechnology; Intellectual Property; Litigation – Intellectual Property
- Canada's Most Powerful Women: Top 100 (2015)
- Best Lawyers in Canada – Lawyer of the Year (2014): Biotechnology Law, Montreal
Ms. Robinson is regularly asked to give presentations on intellectual property law, including the following:
- “Innovation: The Importance of Intellectual Property Protection,” The International Economic Forum of the Americas, Conference of Montreal, Montreal, June 12, 2013.
- “L’éthique dans la pratique du droit,” Les femmes en droit - La pratique du droit dans le contexte actuel, Montreal, December 2, 2011.
- “From Hair Tonic to Medicines and Beyond: A View of the Federal Courts and Intellectual Property,” Federal Courts Education Seminar, Ottawa, October 27-28, 2011.
- “Utility, Sound Prediction and Selection Patents - Clarifying Canadian standards and their impact on patent drafting, prosecution and litigation,” 9th Annual Forum on Pharma Patents, The Canadian Institute, Toronto, November 5, 2010.
- “Conflagration of Sufficiency of Disclosure and Utility,” IPIC 84th Annual Meeting, Fairmont Le Château Frontenac, Quebec City, October 15, 2010.
- “Interaction avec la Loi sur la concurrence; détermination de l’invention; la prédiction valable,” Quebec Bar Continuing Education, Hôtel InterContinental, Montreal, November 13, 2009.
- “Best Practices at Trial,” Federal Court Annual Seminar, Montreal, October 7, 2009.
- “2009 Advocacy before the Federal Court in Intellectual Property Matters CLE - To Appeal or Not To Appeal,” Hilton Lac-Leamy, Gatineau, QC, April 30, 2009.
- “Patent Infringement Cases - Trials and Tribulations,” Toronto Intellectual Property Group, King Edward Hotel, Toronto, November 5, 2008.
- “Patent Opinions and Litigation - Part 2: In the Thick of the Action,” IPIC 82nd Annual Meeting, Four Seasons Hotel, Toronto, October 16, 2008.
- Canadian Bar Association
- Fellow, Intellectual Property Institute of Canada
- Intellectual Property Owners Association
Publication | November 2018
Pharma in brief - Federal Court of Appeal revisits obviousness: guidance provided on “inventive concept” and “obvious to try” test
Publication | April 2017
Pharma in brief - Federal Court consolidates s. 6 PM(NOC) application with patent impeachment action addressing same patent
Publication | April 2017
Publication | March 2017