|
Kiernan A. Murphy is an associate in Gowlings Ottawa office. He practises primarily in the area of intellectual property litigation, in particular patent litigation and pharmaceutical regulatory law, as well as disputes concerning copyright and trade-mark infringement, trade secrets and breach of confidence. Kiernan’s litigation and enforcement experience spans a broad range of subject matter, including computer hardware and software, mechanical and electrical technologies, as well as pharmaceuticals and related processes. Kiernan has appeared as application and motion counsel in patent litigation proceedings before the Federal Court.
Prior to studying law, Kiernan was a researcher and technology developer in both the private and public sector working in the fields of computer and electrical engineering with a focus on wireless and hybrid recording technologies. • Seewind Design Corp. v. Accenture Business Services For Utilities Inc. et al. (Ont. Ct. 11-50541): trade secret case involving business processes for collection of accounts receivable (counsel for SeeWind)
• Canada Post Corporation v. Geolytica Inc. c.o.b. Geocoder.ca (Fed Ct. T-519-12): copyright infringement case involving a compilation of postal information (counsel for Canada Post)
• Bayer Inc. et al v. Cobalt Pharmaceuticals Company et al (Fed Ct. T-1044-11): patent litigation under the PMNOC Regulations relating to oral contraceptive pharmaceutical (counsel for Bayer)
• Bayer Inc. et al v. Apotex Inc. et al (Fed Ct. T-1640-11): patent litigation under the PMNOC Regulations relating to oral contraceptive pharmaceutical (counsel for Bayer)
• Bayer Inc. et al v. Lupin Limited et al (Fed Ct. T-214-12): patent litigation under the PMNOC Regulations relating to oral contraceptive pharmaceutical (counsel for Bayer)
• Bayer Inc. et al v. Famy Care Limited et al (Fed Ct. T-19-13): patent litigation under the PMNOC Regulations relating to oral contraceptive pharmaceutical (counsel for Bayer)
• adidas AG v. Bata Brands S.a.r.L. et al (Fed Ct. T-2011-11): trade-mark infringement case involving adidas’ famous 3-stripe mark (counsel for adidas)
• Apotex Inc. v. Abbott Laboratories, Limited et al (Ont. Ct. CV-09-391938): generic section 8 damages and patent infringement case involving pharmaceutical compositions (counsel for Takeda)
• Abbott Laboratories, Limited et al v. Mylan Pharmaceuticals ULC (Fed Ct. T-1451-11): patent litigation under the PMNOC Regulations relating to ora-dispersible pharmaceutical tablets (counsel for Takeda) Peer-reviewed Publications
• “Obviously Different: Technological Divergences and the Spectrum of Obviousness” (with M. Crichton), Canadian Intellectual Property Review, 26(2), 387-409 [winning article of Canada’s IP Writing Competition].
• ‘Post-expiry Patent Losses: Recoverable, but Unpreventable?’, forthcoming, Osgoode Hall Review of Law and Policy [winning article of Canada’s IP Writing Competition].
• ‘The Precautionary Principle and Patent Law: A View from Canada’, 2009, Journal of World Intellectual Property, 12(6), 649-689 [winning article of the Torys Writing Award].
Other Publications
• ‘Parliamentary Committee Issues IP-based Recommendations to Promote Innovation’, March 2013, IP Reports, Gowlings
• “Profiting in the Provinces? Evolving Strategies of Generic Pharmaceutical Damages Claims” (with C. Van Barr), Life Sciences & Law: Current Issues, 2012/13.
• ‘Amazon One-Click Application Ordered Back to Patent Office for Re-Examination: A Litigation Perspective’ (with C. Van Barr), November 2011, IP Reports, Gowlings
• ‘From bargains to duties: has Canadian patent law adopted the ex parte model?’ (with J. Norman, C. Too), XV(3), 2010, Federated Press Intellectual Property
• ‘Industry Pushes For Biosimilars Approval Process; Some IGOs Take Notice’ (with K. Mara), 2009, Intellectual Property Watch, February 24.
Presentations
• ‘Generic Damages in Life Sciences Patent Litigation: Strategic Considerations’ (with C. Van Barr), January 2013, Webinar, Gowlings.
• ‘Patent Litigation for Life Sciences Companies: Disclosure, Deceit, and Damages’ (with C. Van Barr), September 2011, Webinar, Gowlings.
• ‘Digital Rights Management Technologies and Consumer Privacy: A Canadian Market Survey and Privacy Impact Assessment’ (with D. Fewer, P. Gauvin, K. Constable), 2007, 17th Annual Conference on Computers, Freedom and Privacy, Montreal, May 2. |
