Kristin Wall
Partner, Lawyer, Trademark Agent
Norton Rose Fulbright Canada LLP
Related services and key industries
Biography
Kristin Wall provides strategic legal counsel to the innovative pharmaceutical and medical device industry across a breadth of complex litigation and regulatory matters.
She has extensive litigation experience under both the Patent Act and Food and Drugs Act, including litigation and administrative law proceedings under the Patented Medicines (Notice of Compliance) Regulations, Patented Medicines Regulations, Certificate of Supplementary Protection Regulations and Food and Drug Regulations.
Ms. Wall has acted in many of the first litigation proceedings started under Canada's 2017 CETA-reformed patent legislation, including as counsel in the first series of court challenges under the Certificate of Supplementary Protection Regulations to secure patent term restoration. She was counsel in the first patent action started under section 8.2 of the Patented Medicines (Notice of Compliance) Regulations – a new cause of action to assert patents that are not listed on the Patent Register. She was also counsel in the first series of cases started under section 6 of the amended Patented Medicines (Notice of Compliance) Regulations, and successfully defended two patents in an early motion to strike brought in these proceedings.
Ms. Wall has particular experience in drug pricing and reimbursement in respect of the Patented Medicine Prices Control Board (PMPRB), and the pan-Canadian Pharmaceutical Alliance (pCPA) and health technology assessment bodies.
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, and patent term restoration via certificates of supplementary protection (CSP). 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 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
Collapse allLL.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:
- 16 pharmaceutical companies in an industry-wide pharmaceutical challenge against Canada's newly reformed drug pricing regulations governing the PMPRB
- Eli Lilly (Forteo®), Ferring (DDAVP®), GlaxoSmithKline (Shingrix®), Hoffmann-La Roche (Herceptin®), Human Care, Novo Nordisk (Victoza®), Pfizer (Viagra®), 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, patent policy, law reform and court intervention/amicus briefs (e.g., NAFTA and Supreme Court of Canada interventions on promise of the patent/utility)
- Pharma in Brief - Federal Court issues first decision on patent term restoration – Minister's decision denying certificate of supplementary protection (CSP) is unreasonable, April 8, 2020
- Pharma in Brief - Canada completes domestic ratification of CUSMA, April 5, 2020
- Pharma in Brief - New Federal initiatives to combat pandemic: Patent Act amended to allow limited government use of patented inventions for public health emergencies, March 25, 2020
- Pharma in Brief - COVID-19: Health Canada simplifies regulatory requirements for COVID-19-related products, March 22, 2020
- Pharma in Brief - The 2019 Year in Review, January 19, 2020
- Pharma in Brief - Apotex held to induce infringement in one of the last applications under the old PM(NOC) Regulations, November 17, 2019
- Pharma in Brief - First motion for early patent dismissal fails to meet high burden under newly-amended PM(NOC), July 30, 2018
- 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, May 4, 2017
- "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 - Canada signs on to CETA and proposes amendments to the Patent Act affecting pharmaceuticals, November 2016
- "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