Kristin Wall

Partner, Lawyer, Trademark Agent
Norton Rose Fulbright Canada LLP

Toronto
Canada
T:+1 416 216 3964
Toronto
Canada
T:+1 416 216 3964
Kristin Wall

Kristin Wall

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Biography

Kristin Wall provides strategic legal counsel in all areas of intellectual property law, including patent, trademarks industrial design and copyright matters. 

She has extensive experience advising the innovative pharmaceutical and medical device industry in a breadth of complex litigation and administrative proceedings under the Patent Act, Food and Drugs Act, Patented Medicines (Notice of Compliance) Regulations, Patented Medicines Regulations, Certificate of Supplementary Protection (CSP) Regulations and Food and Drug Regulations.

Ms. Wall has acted in many of the first litigation proceedings started under Canada's CETA-reformed patent legislation, including as counsel in the first series of court challenges under the amended Patented Medicines (Notice of Compliance) Regulations and CSP Regulations to secure patent term restoration. She is counsel in two ongoing pharmaceutical industry-wide litigation challenges to regulations and guidelines governing the Patented Medicine Prices Control Board (PMPRB).

Ms. Wall's advisory work focusses on regulation that is most susceptible to litigation, including issues involving pricing, reimbursement, supply chain, licensing, Patent Register listings, data protection exclusivity, CSPs. Her in-depth understanding of how her clients are regulated enables Ms. Wall to risk manage, issue-spot and develop early litigation and market exclusivity strategies.

Ms. Wall is a registered trademark agent and her trademark practice focuses on the registrability of trademarks, brand strategy and general trademark litigation. Her copyright practice focuses on copyright authorship and ownership disputes and providing opinions on licensing and enforcement.

Ms. Wall has appeared at all levels of the Federal Court and before the Supreme Court of Canada. She is a frequent presenter and author, and is editor of the firm's Pharma in Brief bulletin.

Professional experience

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

  • Ontario 2005
  • Canada (trademarks) 2007

Ms. Wall has acted for the following clients:

  • Multiple pharmaceutical companies in two industry-wide pharmaceutical challenges against Canada's newly reformed drug pricing regulations and guidelines governing the PMPRB
  • Eli Lilly (Forteo®), Ferring (DDAVP®), GlaxoSmithKline (Shingrix®), Hoffmann-La Roche (Herceptin®), Human Care, Merck (Belsomra®, Keytruda®), Novo Nordisk (Victoza®), Pfizer (Viagra®, Xalatan®), and ViiV Healthcare ULC (Juluca®) in various proceedings under the Patent Act
  • EpiCept, Gilead, GlaxoSmithKline and Novo Nordisk under the Food and Drugs Act
  • Innovative Medicines Canada, the industry body for Canada's innovative pharmaceutical industry, generally advising on matters of intellectual property, law reform and Supreme Court of Canada intervention/amicus briefs
  • Pfizer in various trademark, passing off and industrial design matters to protect the pill design for Viagra®
  • Fairmont Hotels in various trademark prosecution and litigation matters to protect company trademarks and corporate name
  • His Highness the Aga Khan in various copyright proceedings
  • Chambers Canada, Nationwide: Life Sciences - Regulatory, Chambers and Partners, 2021-2022
  • Canadian Legal Lexpert Directory, 2021: recommended in Biotechnology
  • Acritas Stars 2021 – Designated as an "Independently rated lawyer"
  • Managing IP, IP Stars, 2021: Patent star and Trademark star
  • Managing IP, IP Stars, 2021: Top 250 Women in IP
  • IAM Patent 1000, 2021: Litigation
  • LMG Life Sciences Awards 2021: Impact Case of the Year (Canada) Natco Pharma v. Minister of Health and Gilead Sciences (2020 FC 788)
  • LMG Life Sciences Awards 2021: Canadian Patent Litigator of the Year
  • "Advanced Trial Preparation: The Full Strategy" (panel speaker), Canadian Bar Association, November 26, 2019.
  • "Life After The AstraZeneca v. Apotex Supreme Court Decision" (panel speaker), IP Day, Canadian Bar Association, May 31, 2018.
  • "Update on the impact of the new PM(NOC) Regulations" (panel speaker), Toronto Intellectual Property Group, April 19, 2018.
  • "Navigating the New Patent Regime for Pharmaceuticals" (panel speaker), Ontario Bar Association, February 26, 2018.
  • "Innovator Perspective on the Patented Medicine Prices Control Board (PMPRB) Modernization" (panel speaker), 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.
  • Canadian Bar Association
  • Law Society of Upper Canada
  • Intellectual Property Institute of Canada
  • The Advocates’ Society
  • International Association for the Protection of Intellectual Property

 

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Client work

Toronto wins bid to maintain exclusive market rights for Gilead in precedent-setting data protection case

November 02, 2020