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David Scrimger

Partner

dscrimger@goodmans.ca vCard
Bay Adelaide Centre - West Tower
333 Bay Street, Suite 3400
Toronto, ON M5H 2S7

Tel:   416.597.6262
Fax:   416.979.1234

David Scrimger is a partner in the Litigation Group at Goodmans. His practice focuses on commercial litigation and intellectual property law. After clerking with Chief Justice Beverley McLachlin at the Supreme Court of Canada, David joined Goodmans in 1997.

David appears frequently before the Federal Court of Canada on behalf of pharmaceutical clients, dealing with intellectual property issues such as trade-mark and patent matters.

Before pursuing a career in law, David held various marketing positions within the publishing industry.

REPRESENTATIVE WORK

David’s representative work includes:

  • successfully prosecuting a contentious commercial property insurance claim involving novel interpretations of successive disclaimer provisions
  • introducing and successfully defending the practice of multiple allegations under the Patented Medicines (Notice of Compliance) Regulations
  • introducing the doctrine of sound prediction as a generally applicable principle of utility in Canadian patent law
  • establishing the applicability of the anti-trust provisions of the Competition Act to Canadian patent law
  • introducing the doctrine of non-infringing alternatives as a generally applicable principle of damage calculations in Canadian patent law
  • establishing the prevailing standard of review for appeals from a prothonotary in the Federal Court of Canada
  • successfully applying the principles of mootness to the provisions of the Patented Medicines (Notice of Compliance) Regulations
  • successfully defending the prevailing interpretation of the damages provisions under the Patented Medicines (Notice of Compliance) Regulations
Education Osgoode Hall Law School (LL.B., 1995)
University of Toronto (B.A. (Honours), 1982)
Professional Affiliations

Law Society of Ontario
Canadian Bar Association
The Advocates’ Society

 

Year of Call

1997