Bay Adelaide Centre - West Tower
333 Bay Street, Suite 3400
Toronto, ON M5H 2S7
Andrew Brodkin is a partner and a member of the Executive Committee at Goodmans. Andrew also heads the Litigation Group, which has been described as “the Bay Street gold standard” (Benchmark Canada).
Andrew’s practice focuses on intellectual property litigation, including patent, trademark and copyright disputes and the complex assessments of damages flowing from the infringement of such rights. He appears weekly before the Federal Court of Canada, Federal Court of Appeal, the Ontario Superior Court of Justice or the Ontario Court of Appeal. He has appeared before the Supreme Court of Canada on multiple occasions.
Andrew provides comprehensive strategic guidance to his clients regarding the development, acquisition, sale and protection of intellectual property and technology assets, including patents, trademarks, trade dress, copyright, industrial designs, rights of personality, confidential information and trade secrets. He has developed a specialty in integrating the roles of external and in-house counsel by creating clear partnerships with the ultimate goal of generating efficiencies and producing the highest quality work product.
Andrew also advises pharmaceutical clients regarding pricing regulation issues, including those relating to the Patented Medicines Prices Review Board (“PMPRB”).
Beyond his intellectual property practice, Andrew has extensive experience in litigation involving provincial and federal governments, having secured a rare finding of liability against the federal government for misfeasance in public office.
Outside of his litigation practice, Andrew has acted as co-counsel to the National Hockey League Officials’ Association in the negotiation of its collective agreement with the National Hockey League.
Andrew’s recent representative work includes:
- Janssen v. Apotex, 2021 FC 3 – Five week trial resulting in the successful opposition of an action for an Order prohibiting Apotex from receiving a Notice of Compliance for abiraterone acetate and a declaration of invalidity of patent in suit.
- Eli Lilly v. Apotex, 2020 FC 816 – Four week trial resulting in the successful defence of action for patent infringement and a declaration of invalidity of the patent in suit.
- Eli Lilly v. Apotex, 2020 FC 814 – Three week trial resulting in the successful defence of action for patent infringement and a declaration of non-infringement and invalidity of the patent in suit.
- Evolution Technologies v. Human Care Canada, 2019 FCA 209 – Retained as appellate counsel, resulting in a successful appeal overturning a Judgment finding patent infringement.
- Les Laboratories Servier v. Apotex , 2019 FC 616 – successful opposition of an application for an Order prohibiting Apotex from receiving a notice of compliance for perindopril products
- Evolution Technologies v. Human Care Canada, 2019 FCA 11 – retained after a client was found to have infringed a patent and ordered to pay damages and successfully applied to the Federal Court of Appeal to stay the trial judgment pending the outcome of an appeal
- Eli Lilly Canada v Apotex, 2018 FC 736 - successful opposition of an application for an Order prohibiting Apotex from receiving a notice of compliance for prasugrel products
- Bristol-Myers Squibb Canada v Apotex Inc., 2017 FC 1061 - successful opposition of an application for an Order prohibiting Apotex from receiving a notice of compliance for aripiprazole products
Andrew has been described by his peers in the intellectual property bar as:
- “one of the sharpest minds for tactics and one of the best cross-examiners in Canada” (Chambers Canada)
- “outstanding, one of a kind in court; he constructs cogent arguments, can cross-examine with the best of them and is extremely eloquent” (IAM Patent 1000)
Andrew has chaired and participated in conferences on IP issues and is a lecturer for the LL.M. Health Law IP course at Osgoode Hall Law School.
|Education|| Osgoode Hall Law School (LL.B., 1993)
Law Society of Ontario