I. Introduction

A. Background and Qualifications

1. I am a barrister and solicitor based in Toronto, Canada and the founding partner of the Canadian law firm Dimock Stratton LLP which focuses exclusively on intellectual property matters.

2. I attended Queen’s University in Kingston, Ontario where I graduated with a Bachelor of Science (Honours) in Engineering and Mathematics in 1971, and a Bachelor of Laws in 1974.

3. Since my call to the Bar of Ontario in 1976, I have practiced exclusively in the area of intellectual property litigation, most of which has been patent litigation. I have appeared as trial counsel in more than thirty-five patent trials in the Federal Court and as appellate counsel in over twenty appeals from patent trials in the Federal Court of Appeal and the Supreme Court of Canada.

4. Since 1993, I have been certified by the Law Society of Upper Canada as a specialist in both Intellectual Property Law and Civil Litigation. I have been a Fellow of the Intellectual Property Institute of Canada for over twenty five years, a Fellow of the American College of Trial Lawyers since 2007, and a Fellow of the Chartered Institute of Arbitrators since 2013.

5. Over the course of my career I have remained active in teaching and writing on intellectual property law topics. I have taught a Master’s level course on intellectual property remedies at Osgoode Hall Law School since 1998, and have given annual lectures on patent law at Osgoode Hall Law School since 2003. I speak regularly at conferences on patent law matters to members of the profession, the public, and the judiciary, and have authored publications on Canadian intellectual property law.

6. I have extensive patent litigation experience involving pharmaceuticals. This includes actions under the Patent Act1 and applications pursuant to the Patented Medicines (Notice of Compliance) Regulations (“PM (NOC) Regulations”).2

7. Throughout my involvement in pharmaceutical litigation matters, I have represented both brand and generic litigants. I have acted for several innovator companies, including:

Bayer, Abbott Laboratories, Novartis, Procter & Gamble, and Fournier Pharma.3 I have also acted for several generic companies, including: Ranbaxy, Sandoz, IVAX Pharmaceuticals, and Richter Gedeon.