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Melanie Baird

Melanie Baird
Melanie Baird Partner | Toronto
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A representative list of Melanie’s cases of public record includes:

  • Janssen and the Kennedy Trust in a patent impeachment and infringement action related to Remicade (infliximab), a biologic treatment for rheumatoid arthritis; first patent infringement action in Canada relating to a subsequent entry biologic (a generic version of a biologic drug, also referred to as a biosimilar) (Janssen Inc. v. Pfizer Canada Inc.)

  • IBM in a passing-off action relating to IBM’s cloud computing services and technologies (Smart Cloud Inc. v. International Business Machines Corporation)

  • Instagram in a patent infringement action relating to methods for the sharing of content on social media (United American Corp., et al. v. Instagram)

  • Facebook in a patent infringement action relating to methods for the sharing of content on social media (United American Corp., et al. v. Facebook)

  • Auxly in a commercial dispute relating to a distribution agreement for cannabis products (Auxly Cannabis Group Inc. v. Care Group of Pharmacies Inc., et al.)

  • Bausch Health and Valeant in a class action relating to the marketing and sale of products containing opioids (The Province of British Columbia v. Apotex Inc., et al.)

  • Janssen in proceedings pursuant to the PM(NOC) Regulations relating to Prezista (darunavir), an antiretroviral medication (Janssen Inc. v. Apotex Inc.)

  • Valeant in proceedings pursuant to the PM(NOC) Regulations relating to Glumetza (metformin), a medication used to treat type 2 diabetes (Valeant Canada LP v. Generic Partners Canada Inc.)

  • The Kennedy Trust in the first unanimous five-judge decision of the Federal Court of Appeal; successfully argued that the standard of review applicable to the decisions of Prothonotaries should be in accordance with Housen v. Nikolaisen, overturning a long line of prior authority (Hospira Healthcare Corporation v. The Kennedy Trust)

  • Janssen in a patent infringement action relating to Stelara (ustikinumab), a monoclonal antibody product for use in the treatment of psoriasis, among other indications; first patent infringement trial in Canada relating to a biologic drug (AbbVie Corporation v. Janssen Inc.)

  • Two defendants in a class action brought on behalf of taxpayers who participated in a charitable donation program (Charette v. Trinity Capital Corporation)

  • Janssen in a patent impeachment and infringement action relating to Velcade (bortezomib), a product used to treat certain cancers (Teva Canada Limited v. Janssen Inc.)

  • IBM in a patent infringement action relating to video monitoring technologies (Hawk Technology Systems LLC v. IBM Canada Limited)

  • Various law firms and insurers with respect to litigating professional negligence matters as well as negotiating and structuring complex resolutions

  • Various pharmaceutical companies with respect to negotiating and drafting sophisticated settlement agreements and business arrangements in the course of litigation

Awards & Recognition

Melanie is consistently recognized as a leading litigator in the following publications:

  • Chambers Canada: Canada’s Leading Lawyers for Business 2021 (IP Litigation)

  • The Best Lawyers in Canada 2021 (Biotechnology Law)

  • Benchmark Litigation (“Top 50 Women in Canada” in 2020; “40 & Under Hot List” from 2017-2020)

  • Managing Intellectual Property’s IP Stars 2020 (“Top 250 Women in IP” worldwide; Patent Star; Trademark Star)

  • The Canadian Legal Lexpert Directory 2020 (Class Actions and Litigation - Intellectual Property)

  • Who’s Who Legal: Canada 2020 (Life Sciences and Patents)

  • Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys 2020 (Litigation Star)

  • The Legal 500 Canada 2020 (Next Generation Partner – Intellectual Property)

  • IAM Patent 1000: The World’s Leading Patent Professionals 2020 (Recommended Individual - Patent Litigation: Silver)

  • Euromoney’s Life Sciences Expert Guide 2019 (Intellectual Property)

  • The Canadian Legal Lexpert Directory 2019 (Litigation - Corporate Commercial)

  • Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys - 2018-2019 (Future Star - IP and Commercial and Transactions)

In 2017, Melanie was named the Canadian Rising Star at the LMG Life Sciences Awards.

Professional Activities

Melanie regularly speaks and teaches on advocacy and intellectual property topics.

Melanie is an active member of numerous professional organizations, including The Advocates' Society, the Canadian Bar Association, the Ontario Bar Association, the American Bar Association (Intellectual Property Law Section), the Intellectual Property Institute of Canada, the Toronto Intellectual Property Group and the Intellectual Property Owners Association (Canada Practice Group and Software Related Inventions Committee).

Melanie is also a member of The Advocates’ Society 10+ Standing Committee.

Professional Appearances
  • Speaker: Finding Your Voice: How to Know What Business Development Strategy to Implement
    Business Development for Litigators Part 1: Defining Your Business Development Approach and Strategy, The Advocates’ Society Educational Series, January 24, 2020.
  • Speaker: Advanced Trial Preparation: Expect the Unexpected
    Advanced Trial Preparation: The Full Strategy, OBA Civil Litigation Program, November 26, 2019.
  • Panellist: Section 101 Patent Eligibility: The Good, the Bad and the Ugly
    Biotechnology Innovation Organization IP Counsels Committee Conference (BIO IPCC), November 20, 2019.
  • Mentor: 3rd Annual Big Mingle
    Young Advocates’ Standing Committee, The Advocates’ Society, August 14, 2019.
  • Panellist: Innovating in the Medical Cannabis Space
    Medical Cannabis Week 2019, Hosted by Business of Cannabis and Blakes, Toronto, Ontario, May 7, 2019.
  • Speaker: Expert Evidence for Litigators
    The Future of Expert Evidence: Blue Skies Ahead?, Expert Evidence for Litigators, Law Society of Ontario, Toronto, Ontario, October 29, 2018.
  • Panellist: Trends in IP Litigation
    Benchmark Women in Litigation Toronto Forum, Toronto, Ontario, October 18, 2018.
Media Activities
  • Quoted: Cannabis Companies Still Fighting for IP Rights
    Article by Aidan Macnab, Law Times, May 13, 2019.
  • Quoted: Protecting cannabis IP
    Interviewed by Elizabeth Raymer, Intellectual Property Legal Report, Canadian Lawyer, January 14, 2019.

Admitted to the Ontario Bar – 2008
LL.B. (with Distinction, Dean's Honour List), University of Western Ontario – 2007
B.Sc. (with Distinction, Dean's Honour List, Genetics and Media, Information and Technoculture), University of Western Ontario – 2004

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