Allyson Whyte Nowak

Senior Partner
Norton Rose Fulbright Canada LLP

Allyson Whyte Nowak

Allyson Whyte Nowak

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Biography

Allyson Whyte Nowak is an intellectual property lawyer based in Toronto, focusing on IP disputes and related commercial litigation. She has extensive experience litigating in the Federal Court in high-stakes litigation including infringement, impeachment, damages, unfair competition and passing-off actions related to patents and trademarks in the manufacturing, pharmaceutical, life sciences, medical devices, toys, telecommunications and financial services industries.

Allyson has extensive experience in section 8 damages actions under the Patented Medicines (Notice of Compliance) Regulations having litigated more than a dozen section 8 cases over 19 years. She is known for her work in complex and multi-jurisdictional litigation in which she has developed a reputation for achieving practical, strategic and business-minded results that assist clients with the protection and enforcement of their intellectual property rights on a global scale. She has received client and rankings recognition for providing "excellent advice, strategic counsel and solutions that are very thoughtful and aligned with a company's overall objectives, while maintaining an outstanding level of client service." Allyson's achievements have included "big wins" both inside the courtroom based on her significant trial and appellate experience including before the Supreme Court of Canada, and outside the courtroom where she has an impressive record of achieving favourable settlements in high-stakes litigation. 

Allyson's strategic intellectual property advice includes freedom to operate, validity and infringement opinions, as well as advice in connection with the protection of trade secrets, including non-disclosure and confidentiality agreements and non-competition agreements. She writes and speaks extensively on issues related to the protection and enforcement of intellectual property rights and she has been recognized in a number of peer and industry rankings for intellectual property law litigation.


Professional experience

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B.C.L./LL.B., McGill University, 1994
B.A.(Hons.), McGill University, 1989
  • Ontario 1996

 

  • Counsel on 12 different actions brought under section 8 of the Patented Medicines (Notice of Compliance) Regulations for damages, including the second action to ever go to trial on the issue of quantification of section 8 damages and representation of the intervener, Canada's Research-Based Pharmaceutical Companies, on the first section 8 damages case to be heard by the Supreme Court of Canada
  • Intervention in the Federal Court of Appeal case of Amazon.com v. Canada (Commissioner of Patents) on behalf of the Canadian Bankers Association and Canadian Life and Health Insurance Association Inc.
  • Represented The Bank of Nova Scotia in a patent infringement action in connection with a patent for the scanning and imaging of cheques and other financial instruments
  • Patent infringement actions in connection with patents relating to balloon expandable stents, including the successful appeal of two summary judgments invalidating the patents at issue, which were the first cases to be decided under new section 78.6(1) of the Patent Act
  • Co-counsel on a successful motion for summary judgment on a copyright infringement action brought by the Aga Khan, the 49th hereditary Imam of the Shia Imami Ismaili Muslims
  • Defending a breach of confidence action for an innovative company in the field of global telecommunications
  • Lead counsel on a motion to obtain an Anton Piller order in an action for the misappropriation of confidential software code and an action for the misappropriation of confidential strategies for short-term futures trading
  • Co-counsel on applications brought under the Patented Medicines (Notice of Compliance) Regulations and patent infringement actions in connection with a patented invention for a drug used for preventing and treating osteoporosis and Paget's disease and the process for its manufacture
  • Advice and legal opinions on the inventorship of patented treatments relating to hormone replacement therapy
  • Co-counsel on Canada's first biosimilars patent trial and appeal involving the infringement of the patented invention for recombinant human erythropoietin (rhEPO)

 

  • Canadian Legal Lexpert Directory, 2013 - 2016, 2019 - 2022: recommended in Litigation - Intellectual Property; 2017 - 2020, 2022: recommended in Intellectual Property 
  • Chambers Global, Canada: Intellectual Property - Litigation, Chambers and Partners, 2018-2022
  • Chambers Canada, Nationwide: Intellectual Property - Litigation, Chambers and Partners, 2018-2022 
  • Best Lawyers in Canada: Intellectual Property Law, 2013-2023 
  • Thomson Reuters Stand-out Lawyers, 2022
  • Acritas Stars (2019-2021) – Designated as an "Independently rated lawyer"
  • Who's Who Legal: Canada - Life Sciences, Patents 2015-2020
  • IP Stars 2016-2017 : Top 250 Women in IP,
  • Expert Guides Women In Business Law, 2014-2015: Patents
  • Co-author of the chapter, "Best Practices in Litigating Complex IP Litigation," in Ron Dimock's Intellectual Property Disputes: Resolutions and Remedies (loose leaf and on-line in Thomson-Reuters Proview).
  • "Trade Secrets – The Path Forward" (presenter and panelist), AIPPI Canada Annual Lunch & Learn, 2021. 
  • Guest speaker, National Judicial Institute Federal Court Annual Education Seminar, 2017, 2018, 2019 and 2020.
  • "Best Practices in Worst Situations in IP Litigation," Canadian Bar Association intellectual property online presentation, 2020.
  • "Best Practices in the Federal Court and Navigating the Federal Court Rules" with Prothonotary Furlanetto (webinar), the Intellectual Property Institute of Canada, 2020.
  • "Interlocutory Injunctions in the Federal Court after Sleep Country," Ontario Bar Association, 2018.
  • The Advocates’ Society
  • Canadian Bar Association
    • Intellectual Property Section
    • Litigation Section
  • Intellectual Property Institute of Canada
  • Toronto Intellectual Property Group