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Andrew Skodyn

Andrew Skodyn
Andrew Skodyn Partner | Toronto
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A representative list of Andrew’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)

  • 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.)

  • Valeant in proceedings pursuant to the PM(NOC) Regulations relating to Wellbutrin XL (bupropion hydrochloride), a medication used to treat depression (Valeant Canada LP v. Ranbaxy Pharmaceuticals Canada Inc.)

  • 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.)

  • Valeant in an action for damages under section 8 of the PM(NOC) Regulations relating to Sublinox (zolpidem), a medication used to treat insomnia (Pharmascience Inc. v. Valeant Canada LP)

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

  • The responding party on an interlocutory injunction relating to an alleged business disruption from the termination of software licence agreements (Northrop Grumman Corporation v. OpenText Corporation)

  • Venngo in an appeal to the Federal Court of Appeal of a decision relating to trademark infringement and passing off (Venngo Inc. v. Concierge Connection Inc. c.o.b. as Perkopolis)

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

Awards & Recognition

Andrew is consistently recognized as a leading intellectual property and commercial litigator in the following publications:

  • Acritas Stars: Independently Rated Lawyer – 2019-2020 (Nominated as a stand-out lawyer by senior in-house counsel)

  • Chambers Global: The World’s Leading Lawyers for Business – 2011-2020 (Intellectual Property: Litigation)

  • Chambers Canada: Canada’s Leading Lawyers for Business – 2016-2020 (Intellectual Property: Litigation – Canada)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2012-2019 (Litigation Star – Intellectual Property)

  • The Best Lawyers in Canada – 2013-2020 (Corporate & Commercial Litigation and Intellectual Property)

  • The Canadian Legal Lexpert Directory – 2016, 2018, 2019 and 2020 (Intellectual Property and Litigation – Intellectual Property)

  • The Legal 500 Canada – 2017-2019 (Recommended Lawyer – Intellectual Property)

  • Who's Who Legal: Patents – 2017-2019

  • Who's Who Legal: Life Sciences – 2017-2019 (Patent Litigation)

  • Who's Who Legal: Canada – 2016-2019 (Patents & Life Sciences)

  • Managing Intellectual Property IP Stars Handbook – 2016-2019 (Patent Star and Trademark Star)

  • IAM Patent 1000: The World’s Leading Patent Professionals – 2012-2019 (Recommended Individual – Patent Litigation: Silver)

Professional Activities

Andrew is a regular speaker on intellectual property and advocacy issues.

He is also an active member of numerous professional organizations, including the Intellectual Property Institute of Canada (Litigation and Life Sciences Committees), the Canadian Bar Association (Court Practice, Professional Development and Patents and Industrial Designs Committees), the Intellectual Property Owners Association (Women in IP and Pharmaceutical & Biotechnology Issues Committees), The Advocates' Society and the American Bar Association (Intellectual Property Law Section). 

Andrew is also a member of the editorial board of the Canadian Intellectual Property Review.

Professional Appearances
  • Speaker: Top IP Cases of the Year
    91st Annual General Meeting, Intellectual Property Institute of Canada, Niagara Falls, Ontario, October 13, 2017.
  • Speaker: State of the Union on Pharmaceutical Law in Canada
    Webinar, Intellectual Property Institute of Canada, September 6, 2018.
  • Moderator: CBA IP Day 2018
    Intellectual Property Section, Canadian Bar Association, Ottawa, Ontario, May 31, 2018.
  • Moderator: More Than Just Justin Trudeau: Why Canada Might Be the Best Venue for Your Next IP Case
    APA-IPL 33rd Annual Intellectual Property Law Conference, American Bar Association, Washington, D.C., April 20, 2018.
Education

Admitted to the Ontario Bar – 1999
LL.B., Queen's University – 1997
B.Sc., University of Calgary – 1994

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