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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 lawyer in the following publications and awards:

  • Benchmark Canada Awards 2022 (IP Litigator of the Year)

  • The Canadian Legal Lexpert Directory – 2019–2022 (Litigation – Corporate Commercial; Litigation – Intellectual Property; Life Sciences & Health; Intellectual Property)

  • Chambers Canada: Canada's Leading Lawyers for Business – 2021–2022 (IP Litigation)

  • Benchmark Canada (2020–2022: Top 100 Women in Litigation – Canada (formerly, Top 50); 2017–2022: 40 & Under Hot List; 2017–2022: Litigation Star)

  • Managing Intellectual Property's IP Stars (2020–2022: Top 250 Women in IP worldwide; 2018–2022: Patent Star and Trademark Star)

  • Lexpert Special Editions (2022: Technology and Health Sciences and Litigation; 2021: Cannabis and Technology and Health Sciences)

  • IAM Patent 1000: The World's Leading Patent Professionals – 2020–2022 (Recommended Individual – Patent Litigation: Gold)

  • Thomson Reuters Stand-out Lawyers 2022 – Independently Rated Lawyers (formerly, Acritas; as nominated by senior in-house counsel)

  • The Best Lawyers in Canada – 2020–2023 (Biotechnology Law and Intellectual Property Law)

  • The Legal 500 Canada – 2020–2022 (Next Generation Partner – Intellectual Property)

  • WTR 1000: The World's Leading Trademark Professionals – 2021–2022 (Recommended Individual – Enforcement and Litigation)

  • Who's Who Legal: Global – 2021–2022 (Life Sciences – Patent Litigation)

  • Who's Who Legal: Canada – 2021–2022 (Life Sciences and Patents)

  • Lexpert Rising Stars 2021: Canada's Leading Lawyers Under 40

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

  • LMG Life Sciences Awards 2017 (Canadian Rising Star) 

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.

Publications
Professional Appearances
  • Speaker: Remedies in Patent Law
    Intellectual Property Institute of Canada Patent Case Law Review Webinar Series, March 31, 2022.
  • Speaker: Claim Construction Issues
    10th Annual University of Toronto Patent Colloquium, January 28, 2022.
  • Moderator: An Evening with the Commercial Bench
    The Advocates Society, January 20, 2022.
  • Moderator and Panellist: Managing Your Leadership Agenda
    Women in Law Leadership Forum, Canadian Lawyer, September 9, 2021.
  • Moderator: Patent Litigation Breakout Session
    Canadian Bar Association, IP Symposium, May 20, 2021.
  • Speaker: Remedies in Patent Law
    Intellectual Property Institute of Canada Patent Case Law Review Webinar Series, April 7, 2021.
  • Mentor: Built to Last
    Virtual Mentoring Presentation, The Advocates' Society, February 10, 2021.
  • Speaker: Top 5 Ways COVID is Reshaping Dispute Resolution
    Blakes Seminar on Litigation & Dispute Resolution, November 16, 2020.
  • Moderator and Panellist: Successfully Managing Complex Litigation
    Benchmark Women in Litigation Toronto Forum, Toronto, Ontario, October 27-28, 2020.
  • Mentor: New Frontiers
    Fall Forum, Young Advocates' Standing Committee, The Advocates' Society, October 23, 2020.
  • Speaker: Remedies in Patent Law
    Intellectual Property Institute of Canada Patent Case Law Review Webinar Series, April 21,2020.
  • 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.
Education

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

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