Jordan D. Scopa
Bay Adelaide Centre - West Tower
333 Bay Street, Suite 3400
Toronto, ON M5H 2S7
Jordan Scopa is a partner in the Litigation Group at Goodmans. He practises commercial litigation, with an emphasis on intellectual property disputes, including disputes relating to patents, trademarks and copyright. He also advises clients regarding the licensing of intellectual property and technology.
Jordan also advises pharmaceutical clients regarding pricing strategy and regulatory issues, including those relating to the Patented Medicines Prices Review Board (“PMPRB”).
Jordan has been counsel on a number of significant cases involving patent validity and infringement. He has also acted on the leading cases involving the assessment and quantification of damages, both for patent infringement and pursuant to section 8 of the Patented Medicines (NOC) Regulations. He appears regularly before the Federal Court and the Federal Court of Appeal.
Jordan’s representative work includes:
- Eli Lilly v. Apotex, 2020 FC 816 – successful challenge to the validity and infringement of a patent relating to the dose of an ED medication, on the bases of anticipation and obviousness
- Eli Lilly v. Apotex, 2020 FC 814 – successful challenge to the validity and infringement of a patent relating to the process to make the active ingredient in an ED medication, on the bases of anticipation and obviousness
- Evolution Technologies v. Human Care Canada, 2019 FCA 209 – successful appeal of a trial judgment enjoining the sale of a major mobility-aid product and awarding financial remedies on account of patent infringement
- Evolution Technologies v. Human Care Canada, 2019 FCA 11 – successful motion to stay a trial judgment enjoining the sale of a major mobility-aid product and awarding financial remedies, pending the outcome of an appeal
- Apotex v. Eli Lilly, 2018 FCA 217 – successful appeal of a trial award of $75 million in pre-judgment interest as damages for patent infringement
- Amgen Canada v. Apotex, 2015 FC 1261 – successful challenge to the validity of a patent relating to a biologic medication, on the basis of obviousness
- Canada (National Revenue) v. Amdocs Canadian Managed Services, 2015 FC 1234 – successful opposition to an application for a compliance order pursuant to section 231.7 of the Income Tax Act
- Eli Lilly Canada v. Apotex, 2015 FC 1016 - successful challenge to the validity and infringement of a patent relating to the formulation of an ED medication, on the basis of obviousness
- Apotex v. Merck & Co., 2015 FCA 171 – successful in the adoption of the legal relevance of non-infringing alternatives in the assessment of damages for patent infringement
- Alcon Canada v. Apotex, 2014 FC 791 - successful challenge to the validity of a patent relating to the formulation of a glaucoma medication, on the basis of obviousness
- Alcon Canada v. Apotex, 2014 FC 699 - successful challenge to the validity of a patent relating to a glaucoma medication, on the bases of anticipation and obviousness
- Apotex v. Sanofi-Aventis Canada, 2012 FC 553 and Teva Canada v. Sanofi-Aventis Canada, 2012 FC 551 and 2012 FC 552 – claims for damages pursuant to section 8 of the Patented Medicines (NOC) Regulations by multiple generic pharmaceutical companies relating to an anti-hypertensive medication
Jordan is recognized as repeatedly recommended in Intellectual Property Litigation by the Canadian Legal Lexpert Directory and is also recognized as a national and global leader in patent litigation by Who’s Who Legal Life Sciences: Patent Litigation and Who’s Who Legal Canada – Life Sciences, where he is described as a “great lawyer” with “superb knowledge of the pharmaceutical sector”. He is most recently recognized as a leading lawyer in the 2021 Lexpert Special Edition: Canada's Leading Health Sciences Lawyers.
Jordan is also recognized by Best Lawyers in Canada and The Legal 500 Canada for Intellectual Property Law and by IAM Patent 1000, where he is described as “extremely effective, with a great command of procedural and substantive law”.
Finally, Jordan is also recognized by Chambers Canada in Intellectual Property: Litigation – Nationwide – Canada, where he is described as a “future leader”, a “rising star”, a “highly skilled lawyer” and as having “experience beyond his years” in “high-profile” cases.
Jordan is a Member-At-Large of the Executive of the Intellectual Property Section of the Canadian Bar Association.
Jordan lectures in the Intellectual Property in Health Law course in the Professional LLM program at Osgoode Hall Law School.
During his undergraduate studies, Jordan completed a two-year laboratory study relating to Huntington’s disease at Massachusetts General Hospital (and Harvard Medical School).
Jordan has successfully acted pro bono in student disciplinary appeals held before the Child and Family Services Review Board.
|Education|| University of Toronto (J.D., 2009)
Harvard University (A.B., magna cum laude in biology, 2004)
Law Society of Ontario
|Year of Call||