Lawyer Profile Detail



Fiona Legere

TITLE

Associate

AREA OF EXPERTISE

Intellectual Property
IP Litigation
Litigation
Pharmaceutical

OFFICE

Toronto

DIRECT LINE

416 601-8134

E-MAIL

[email protected]

V-CARD

LAW SCHOOL

Osgoode Hall Law School

BAR ADMISSION

Ontario, 2011




Biography

Fiona Legere is an associate in our Intellectual Property Litigation Group in Toronto.

Ms. Legere practices exclusively in the areas of Intellectual Property and Litigation, with an emphasis on pharmaceutical patent litigation and telecommunication patent litigation. She appears frequently in the Federal Court and Federal Court of Appeal, primarily in patent disputes. Ms. Legere has been a trusted advisor to global clients coordinating strategies for multi-jurisdiction litigation.

A selection of Ms. Legere’s significant counsel work at hearings on behalf of global companies includes the following cases:

  • Fournier Pharma Inc. v. Canada (Minister of Health), 2012 FC 741
  • MediaTube Corp. v. Bell Canada, 2014 FC 237
  • AbbVie Corp. v. Janssen Inc., 2014 FCA 241
  • Janssen Inc. v. AbbVie Corp., 2014 FCA 112
  • Apotex Inc. v. Abbott Laboratories Ltd., 2012 ONSC 2104
  • AbbVie Corp. v. Janssen Inc., 2014 FC 55
  • AbbVie Corp. v. Janssen Inc., 2014 FCA 242
  • Apotex Inc. v. Abbott Laboratories Ltd., 2013 ONSC 356
  • Mediatube Corp. v. Bell Canada, 2014 FC 237

Ms. Legere’s practice also focuses on patent infringement actions relating to pharmaceuticals. Her significant efforts resulted in a finding of patent infringement for AbbVie Corporation against Janssen Inc. involving the biologic drug STELARA®. In reasons dated January 17, 2014, Justice Hughes held that Janssen had infringed valid claims of AbbVie’s patent. Justice Hughes’ decision is significant as it is the first decision of the Federal Court relating to the enforcement of patent rights in respect of a biologic drug.

Beyond pharmaceutical litigation, Ms. Legere has actively represented clients in telecommunication infringement cases. She is counsel for numerous cases pending before the Federal Court relating to patents involving telecommunication networks and protocols. Ms. Legere also works on copyright and trade-mark infringement actions for global clients.

Ms. Legere received her Bachelor of Medical Science, Honours Specialization in Biochemistry, from the University of Western Ontario in 2006 where she worked as a Research Assistant in a Cardiovascular Genetics Laboratory. She received her JD from Osgoode Hall Law School in 2010 and was the recipient of the Barry D. Torno Memorial Prize for best intellectual property research paper. She was called to the bar in 2011.

Prior to joining the firm as an associate, Ms. Legere was a law clerk to the Federal Court of Canada. She clerked for Justices Snider, Crampton (Chief Justice) and Boivin and was involved in a number of high profile pharmaceutical patent infringement and injunction cases.

She has authored and co-authored a number of scientific and legal publications, including:

  • The Pitfalls of ‘The Promise of the Patent’”, Canadian Intellectual Property Review, June 2013 Volume 29
  • "Could Canada follow recent U.S. decisions awarding millions for P2P filesharing?" Internet and E-Commerce Law in Canada, October 2009 Volume 10, No. 6
  • "A Novel Homozygous Mutation in the Lipoprotein Lipase Gene(G159E) in an Infant with Severe Hypertriglyceridemia." ENDO 2006 (88th Annual Meeting). Boston, June 2006
  • "Novel LPL mutations associated with lipoprotein lipase deficiency: Two case reports and a literature review". Can. J. Physiol. Pharmacol. 87: 151-160 (2009).
  • Patent Litigation in Canada: overview, online: Practical Law Canada (01 December 2015), http://ca.practicallaw.com/5-621-1843.

Ms. Legere is a member of the American Intellectual Property Law Association (AIPLA), Toronto Intellectual Property Group (TIPG), the Intellectual Property Institute of Canada (IPIC), the Law Society of Upper Canada (LSUC), the Ontario Bar Association (OBA) and the Canadian Bar Association (CBA).

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McCarthy Tétrault delivers integrated business law, tax, real property, labour and employment, and litigation services nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, as well as in New York City and and London, UK.
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