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Jane Clark is a partner in Gowlings' Ottawa office, practising in the Intellectual Property Group. Jane has more than 20 years of experience in intellectual property matters. Her practice focuses on patent litigation in the Federal Court of Canada including Patented Medicines (Notice of Compliance) litigation. She also has extensive expertise in strategic advice and planning on intellectual property matters. Jane also assists clients before the Patented Medicines Price Review Board.
Jane acts for a wide range of Canadian and foreign clients including leading pharmaceutical and biotechnology companies.
Jane is a Lexpert® endorsed counsel for Intellectual Property. She also enjoys leading rankings in Who's Who Legal, Life Sciences; PLC Which Lawyer (Life Sciences, Patent Litigation); as one of "The Best Lawyers in Canada®" in the specialty of intellectual property law litigation and is among IAM 250’s “World’s Leading Patent Practitioners“ for Canada (2012) where she is described as “fantastic resource.” Jane is a Certified Licensing Professional™ of the Licensing Executives Society.
Since joining Gowlings in 1988, she has enjoyed various leadership roles including a four-year term on the Ottawa Office Management Committee as Ottawa IP Department Head (2001-2004), a three year term as the National Leader of Gowlings' China Group (2005-2008) and a four year term as the National Leader of Gowlings' Life Sciences Industry Group (2008-2011).
Jane is a prolific speaker and writer on intellectual property matters and life sciences issues. She is often quoted in the media including quotes in the National Post, Lexpert, Canadian Lawyer and Law Times. Cases include:
- Takeda Canada Inc. v. Canada (Attorney General), 2013 FCA 13; aff’g 2011 FC 1444; counsel for Takeda Canada Inc. in a data protection listing application for listing Dexilant® on the Innovative Drug Register; leave to appeal to SCC pending (SCC File No. 35276).
- Teva Canada Limited v. Pfizer Canada Inc. 2012 SCC 60, November 8, 2012. Counsel for intervener Canada's Research-Based Pharmaceutical Companies (Rx&D) in the appeal arising from a PMNOC application.
- Novopharm Inc. v. Eli Lilly and Company 2011 FCA 220;aff'g 2010 FC 915, supplemental reasons at 2010 FC 1154; leave to appeal to SCC refused December 8, 2011 SCC 34396; counsel for Eli Lilly and Company in a patent validity action for the medicine Strattera® for ADHD.
- Eli Lilly Canada Inc. v. Apotex 2010 FC 1065; counsel for Eli Lilly Canada Inc., in PMNOC litigation for the medicine Strattera® for ADHD.
- Counsel for Bayer BioScience N.V. in multi-party actions to determine who was entitled to a patent on an invention on some of the earliest plant genetic engineering work, in relation to one of the last patent conflicts in Canada since Canada changed to a first to file system.
- 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 Eli 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.
- Presentation: "Comparative IP Protection in Selected Jurisdictions, London, UK, November 27, 2012 at GlobalEngage's 2nd Annual Asia Pharma R&D Outsourcing Congress.
- Co-Presenter: “Preparing for IP Change: What the CETA Negotiations Mean for Canada’s Pharma Industry”, Ottawa, ON, September 11, 2012
- Co-Chair at The Canadian Institute’s 6th Annual Drug Pricing & Reimbursement in Canada Conference, Toronto, June 11-12, 2012
- Author, Presentation: "Selecting the Best Witness and Preparing Her/Him", Canadian Bar Association, Advocacy Before the Courts in IP Matters: The Art of Discovery, Ottawa, May 18, 2012
- Author: “Techniques In Crossing The Scientific Witness” for 2011 CBA's 11th Annual Spring Advocacy Program on Advocacy for the Courts in Intellectual Property Matters: The Art of Cross-Examination, Ottawa, May 5, 2011
- Contributor to Gowlings Drug Pricing & Reimbursement @ Gowlings newsletter including case comments on Sanofi Pasteur Limited v. Attorney General of Canada 2011 FC 859
- Presentation: “IP Litigation”, Developing a Winning Intellectual Property Strategy workshop (in conjunction with ABIC 2010 Conference in Saskatoon), September 12, 2010
- Moderator, “Bilateral Technology Innovation and Commercialization”, The Canada China Business Council (“CCBC”) Forum (re: Plenary 2 Session), Ottawa, June 24, 2010
- Co-author, “Update on Canadian Legal Issues re Pharma Patent Cases”, World Financier, 2010 Biotech & Life Sciences e-book, January 2010
- Panel member, “Biotech Patents - What's Happened Recently - What's on the Horizon”, BioFinance 2008 (the Canadian Life Science industry's leading investor conference), Toronto, May 8, 2008
- Presentation: “Key Copyright Issues for the Life Sciences Industry” at Gowlings’ and Ag-West Bio Inc.’s Life Sciences Workshop, Saskatoon, April 17, 2008
- Presentation: “Current Copyright Issues - Considerations for Universities”, University of Saskatchewan, Saskatoon, April 17, 2008
- Presentation: “Copyright Issues”, Saskatchewan Division of the Canadian Bar Association seminar, Corporate Counsel Section, in Regina, April 16, 2008.
- Author, “China IP Focus”, Biotechnology Focus, (Vol. 10, No. 11 issue), November 2007
- Presentations: (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 30 & 31, 2007
- Conference co-chair of 4th International Conference on IP Protection hosted by Tsinghua University and Harvard University and presented on a panel on “Copyright Protection on the Internet” , October 28, 2007
- Presentation: “Issues in Licensing” to the Beijing Lawyers Association, Beijing, October 27, 2007
- Presentation: “Intellectual Property Protection in China”, 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, October 11, 2007
- Presentation: "IP Protection in China", OCRI Global IT Export Forum’07, Ottawa, May 15, 2007
- Presentation: “Tradition to Technology, Recent Issues in Patent Litigation and Claim Scope”, Joint International Conference of Natural Health Products Research Society of Canada and the Canadian Herb, Spice and Natural Health Products Coalition, Saskatoon, May 12, 2007
- Presentation: "Copyright Assignments and Registration, and Copyright Litigation ", Beijing Lawyers' Association, Beijing, December 3, 2006
- Co-presentation: D. Lynne Watt and Paula Clancy on "Managing Emotions", Women in Law Conference, Ottawa, October 26, 2006
- Author, “Technology Transfer and Licensing” chapter in Life Sciences Law In Canada (Carswell, 2006), Fall 2006, updates 2007, 2008, 2011
- Chair, panel on "Commercialization of Innovative Plant Biotechnology", ABIC 2006 Conference, Melbourne, Australia, August 7, 2006
- Co-author, “Canada: A Review of Intellectual Property and Regulatory Issues and Trends for the Life Science Industry”, BNA International’s Monthly Reporter, May 2006
- Presentation: “IP, Forms of Business Development”, HKCBA National Canada-Hong Kong Business Forum, Winnipeg, May 29, 2006
- Author, “Technology Transfer and License of Computer Software”, BNA International’s IP in the Software Industry Report, (IP & Technology Program), May 2006
- Presentation: “Intellectual Property: Grasping the Nuances in Complex Patent Litigation”, Canadian Institute’s Managing Complex Litigation Conference in Toronto, April 24, 2006
- Presentation: “Negotiating Non-Disclosure and License Agreements: Top 5 Issues”, 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), Saskatoon, February 27, 2006
- Presentation: “Assignments and Licenses and Registration of Copyright”, Coaching Association of Canada, Ottawa, February 13, 2006
- Presentation: "Technology Transfer and License of Computer Software”, IP Section of the Beijing Lawyers' Association, Beijing, December 11, 2005
- Presentation and co-chair, "Technology Transfer and License of Computer Software", 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 Report, (May, 2006), (IP & Technology Program), December 9-10, 2005
For the full text of the articles mentioned above, please visit Gowlings' Knowledge Centre. |
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