Kirby Cohen

Associate

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Kirby Cohen is an associate in the Litigation Group at Goodmans.

Kirby’s practice focuses on commercial and intellectual property litigation and covers a wide range of areas, including complex contractual disputes, patent litigation, judicial reviews, plans of arrangement, electricity law, and construction matters.

Kirby has been counsel for Canada’s largest generic pharmaceutical manufacturer in multiple cases involving patent validity and infringement, damages and profits quantification, contractual disputes, trademarks and monopolies claims and recovery under section 8 of the Patented Medicines (NOC) Regulations.

Kirby has trial and appellate experience and has appeared before the Federal Court, Ontario Superior Court of Justice, Ontario Court of Appeal and Commercial List, as well as the Supreme Court of British Columbia.

REPRESENTATIVE WORK

Kirby’s representative work includes acting for:

• Apotex Inc. in a judicial review involving the Canadian Commissioner of Lobbying
• the lender in JGB Collateral v. Rochon in its successful appeal before the Court of Appeal for Ontario regarding the enforceability of a mortgage in the context of allegations of undue influence
• Apotex Inc. in patent infringement proceedings commenced in respect of patents involving the pharmaceutical ingredient drospirenone
• a Canadian airline for a plan of arrangement resulting from recent amendments to the Canada Transportation Act
• the Liquidator of a large insurance company in respect of settlement agreements with excess liability policy holders and the ability of the government to be bound by said agreements
• Apotex Inc. in a damages and profits quantification proceeding as a result of an asserted patent infringement involving the pharmaceutical ingredient omeprazole

INDUSTRY RECOGNITION

Kirby has been recognized as a “Rising Star” and "Notable Practitioner" by IP Stars.