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Jane Clark is a partner in Gowlings' Intellectual Property Group. Her practice focuses on patent litigation in the Federal Court of Canada.
Jane has more than 20 years of experience in intellectual property matters. She also has extensive expertise in drafting and negotiating licenses and other technology agreements, intellectual property audits, freedom to operate and validity opinions, and strategic advice and planning on intellectual property matters.
Jane acts a wide range of Canadian and foreign clients including leading pharmaceutical and biotechnology companies.
Since joining Gowlings in 1988, she has enjoyed leadership roles including a four-year term on the Ottawa Office Management Committee as Ottawa IP Department Head (2001-2004) and a three year term as the National Leader of Gowlings' China Group (2005-2008). She is currently the National Leader of Gowlings' Life Sciences Industry Group. Reported cases include:
- Monsanto Technologies LLC v. Mycogen Plant Science Inc. and Bayer BioScience Inc.; Mycogen Plant Science Inc. v. Monsanto Technologies LLC and Bayer BioScience T-1528-08 and T-1569-08; counsel for Bayer BioScience Inc. in patent conflict actions for plant genetic engineering of Bt toxins.
- Novopharm Inc. v. Eli Lilly and Company T-811-08; counsel for Eli Lilly and Company in a patent validity action for the medicine Strattera® for ADHD.
- Eli Lilly Canada Inc. v. Apotex T-1565-08; counsel for Eli Lilly Canada Inc. . in PMNOC litigation for the medicine Strattera® for ADHD.
- Brantford Chemicals Inc. v. Merck & Co. (2005), 49 CPR (4th) 380 (PAB, Com’r of Patents); affirmed (2006), 54 CPR (4th) 158 (FCTD); counsel for Merck & Co. with respect to Brantford's compulsory patent licence application.
- Sobeys Group Inc. v. Tolix Holdings Inc. (2003), 27 CPR (4th) 94 (FCTD); counsel for Sobeys Group Inc. in a patent invalidity action.
- Milliken & Co. v. Interface Flooring Systems (Canada) Inc. (2000), 5 CPR (4th) 209 (FCA), affirming 83 CPR (3d) 470 (FCTD) per Tremblay-Lamer; counsel for Milliken & Co in a copyright / industrial design action.
- Merck & Co. v. Canada (Attorney General) (1999), 4 CPR (4th) 91 (FCTD); counsel for Merck & Co. in PMNOC litigation.
- Merck & Co. v. Novopharm Ltd. (1998), 82 CPR (3d) 457 (FCTD), per Gibson J.; counsel for Merck & Co. in PMNOC litigation.
- Eli Lilly And Co. v. Novopharm Ltd. (1995), 60 CPR (3d) 181 (FCTD), rev'd 67 CPR (3d) 377 (FCA), reversed 80 CPR (3d) 321 (SCC); counsel for Merck & Co. in PMNOC litigation.
- Eli Lilly and Co. v. Apotex Inc. (1995), 60 CPR (3d) 206 (FCTD); affirmed 66 CPR (3d) 329 (FCA); rev'd 80 CPR (3d) 321 (SCC); counsel for Elily Lilly and Co. in PMNOC litigation.
Jane is a former lecturer at the University of Ottawa (patents); Editor of O’Brien’s IP Forms and a frequent speaker and writer on IP in Canada and abroad.
- June 24, 2010: Moderator at the Canada China Business Council (“CCBC”) Forum in Ottawa re: Plenary 2 Session “Bilateral Technology Innovation and Commercialization”
- January, 2010: Co-authored “Update on Canadian legal issues re pharma patent cases”, World Financier, 2010 Biotech & Life Sciences e-book
- May 8, 2008: Panel member on “Biotech Patents - What's Happened Recently - What's on the Horizon” at BioFinance 2008, the Canadian Life Science industry's leading investor conference held in Toronto.
- April 17, 2008: Presented on “Key Copyright Issues for the Life Sciences Industry” at Gowlings’ and Ag-West Bio Inc.’s Life Sciences Workshop in Saskatoon.
- April 17, 2008: Presented on “Current Copyright Issues - Considerations for Universities” at the University of Saskatchewan in Saskatoon.
- April 16, 2008: Presented on “Copyright Issues” at a Seminar for the Saskatchewan Division of the Canadian Bar Association, Corporate Counsel Section, in Regina.
- November 2007: Authored an article, “China IP Focus”, as submitted for Biotechnology Focus, Vol. 10, No. 11 issue.
- October 30 & 31, 2007: Presented on (1) “Protection and Enforcement of Intellectual Property Rights”; (2) “An Examination of Protecting Trade Secrets”; and (3) “Copyright” to the Xian Jiaotong University, Shaanxi, China.
- October 28, 2007: Chaired a panel on “Copyright Protection on the Internet at the Tsinghua University and Harvard University 4th International Conference on IP Protection in Beijing.
- October 27, 2007: Presented on “Issues in Licensing” to the Beijing Lawyers Association in Beijing.
- October 11, 2007: Presented on “Intellectual Property Protection in China” at the Winning China Business Strategies joint seminar #3 - hosted by Gowlings, HKCBA (Ottawa Chapter) & Licensing Executives Society (Ottawa Chapter) re: Intellectual Property Issues in China: the Changing Landscape in Ottawa.
- May 15, 2007: Presented on IP Protection in China at the OCRI Global IT Export Forum’07 in Ottawa
- May 12, 2007: Presented on “Tradition to Technology, Recent Issues in Patent Litigation and Claim Scope” at the Joint International Conference of Natural Health Products Research Society of Canada and the Canadian Herb, Spice and Natural Health Products Coalition in Saskatoon
- December 3, 2006: Presented on "Copyright Assignments and Registration, and Copyright Litigation " to the Beijing Lawyers' Association in Beijing.
- October 26, 2006: Co-presented with D. Lynne Watt and Paula Clancy on "Managing Emotions" for the Women in Law Conference in Ottawa.
- Fall 2006, updates 2007, 2008: Author, “Technology Transfer and Licensing” chapter in Life Sciences Law In Canada (Carswell, 2006).
- August 7, 2006: Chairing a panel on Commercialization of Innovative Plant Biotechnology at ABIC 2006 Conference in Melbourne, Australia.
- May 2006: Co-authored: “Canada: A Review of Intellectual Property and Regulatory Issues and Trends for the Life Science Industry”, published in BNA International’s Monthly Reporter.
- May 29, 2006: Presented on “IP, Forms of Business Development”, at the HKCBA National Canada-Hong Kong Business Forum in Winnipeg.
- May 2006: Authored “Technology Transfer and License of Computer Software”, published in BNA International’s “IP in the Software Industry Report”, IP & Technology Program.
- April 24, 2006: Presented a paper entitled “Intellectual Property: Grasping the Nuances in Complex Patent Litigation” at the Canadian Institute’s Managing Complex Litigation Conference in Toronto.
- February 27, 2006: Presented on “Negotiating Non-Disclosure and License Agreements: Top 5 Issues” at an Examination of Legal Issues in the Life Sciences Industry co-sponsored by AgWest Bio Inc., Genome Prairie, Gowlings, National Research Council of Canada, Plant Biotechnology Institute and the University of Saskatchewan, in Saskatoon.
- February 13, 2006: Presented on “Assignments and Licenses, and Registration of Copyright” to members of the Coaching Association of Canada in Ottawa.
- December 11, 2005: Presented on "Technology Transfer and License of Computer Software” to the IP Section of the Beijing Lawyers' Association in Beijing.
- December 9-10, 2005: Co-Chaired and presented paper entitled "Technology Transfer and License of Computer Software" at the Third International Conference on the Intellectual Property Protection of High Technology at Tsinghua University, Beijing; also published in BNA International’s “IP in the Software Industry May, 2006 Report”, IP & Technology Program“.
- November 29, 2005: Chaired a panel on Hong Kong: China Life Science Opportunities session at the Ottawa Life Sciences Council’s Annual Conference: BioNorth, in Ottawa.September 5, 2005: Presented on each of "International Aspects of Intellectual Property", "Licensing" and "Witness Preparation" to the IP Section of the Shanghai Bar Association in Shanghai.
- September 4, 2005: Presented on each of "Intellectual Property Aspects of Doing Business in Canada", "Licensing" and "Professional Ethics in Canada" to the Beijing Bar Association in Beijing.
- June 19, 2005: Chaired Regulatory panel at Gowlings' Brunch and Seminar Program at the University of Pennsylvania, Museum of Archaeology and Anthropology, held in conjunction with BIO in Philadelphia.
- May 31, 2005: Panel member on "Partnering in Biotech" at the one-day comprehensive course Strong Boards Build Strong Companies co-sponsored by Gowlings and Ottawa Life Sciences Council, at the Crowne Plaza Hotel in Ottawa.
- April 25, 2005: Presented on: "Protecting and Enforcing IP Rights in China: The Latest Strategies" at the Canadian Institute's Legal and Strategic Guide to Doing Business in China Conference in Toronto.
- April 21, 2005: Presented and authored paper on: "Witness Preparation, Preparation for Discovery and Cross-Examination on an Affidavit", Canadian Bar Association, Advocacy Before the Federal Court in IP Matters: Pre-Trial Issues in Ottawa.
- March, 2005: Authored: "Intellectual Property Protection in China: Riches and Realities", published in BIOTECanada's Monthly Reporter.
- February 24, 2005: Presented at the University of Guelph on "Intellectual Property in Canada and Internationally" at the Agriculture Research Institute of Ontario Conference.
- February 1, 2005: Presented on "An Examination of Protecting Trade Secrets in Canada" as part of a Gowlings sponsored program on Are Your Secrets Safe? in Kanata.
- November 2004: Presented on "Intellectual Property Aspects of Doing Business in Canada" (3 presentations) in Hong Kong, Beijing and Shanghai, as part of a Canadian Biotech Mission to China.
- October 2004: Authored a book review, published in the American Bar Association's Entertainment Sports Lawyer on: "Music Money and Success, The Insider's Guide to Making Money in the Music Industry", 4th Edition by Jeffrey and Todd Brabec.
- October 25, 2004: Co-authored article "Biotech Financing and IP Issues" published in Silicon Valley North.
- July 2004: Authored a follow-up article to Feb 2004 article, "Canada's Landmark Decision – Planting the Seed: the Monsanto v. Schmeiser decision" as submitted for BioPharm International Magazine, July 2004 issue.
- February 2004: Authored an article "Intellectual Property Protection In Canada – Current Issues For Life Sciences Industry", as submitted for BioPharm International Magazine, February 2004 issue.
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