Partner, Lawyer, Trademark Agent
Norton Rose Fulbright Canada LLP
Related services and key industries
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.
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, 2021-2022: recommended in Life Sciences & Health; 2022: recommended in Intellectual Property
- 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
- The Law Reviews, The Intellectual Property Review, tenth edition: Canada (patents, trademarks, copyright, industrial design), May 2021
- Pharma in Brief - The 2021 Year in Review
- 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 - 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
- "Embracing change: Are you ready for legal and regulatory developments in Canada's intellectual property framework?" (co-author: Tracey Stott), Insights Spring 2017
- The Lawyer's Daily, How NAFTA renegotiation will affect trademarks and patents, November 15, 2017
- "Certificates of Supplementary Protection (CSP)" (panel speaker), Toronto Intellectual Property Group, April 13, 2022.
- "Update on Virtual Trials" (panel speaker), 10th Annual Patent Colloquium, University of Toronto, January 28, 2022.
- "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.
- "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.
- Canadian Bar Association
- Law Society of Upper Canada
- Intellectual Property Institute of Canada
- The Advocates’ Society
- International Association for the Protection of Intellectual Property
Norton Rose Fulbright Awarded Canadian Product Liability Firm of the Year, Canadian Patent Litigator of the Year, and Case of the Year
September 22, 2021
July 21, 2021
July 12, 2021