Andrew Brodkin

Partner

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Andrew Brodkin

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Overview

Andrew Brodkin is a partner and a member of the Executive Committee at Goodmans.  Andrew also heads the Dispute Resolution Group, and focusses his practice on high stakes intellectual property litigation where he has been described as having had more successes than anyone in this practice area in history (Who’s Who Legal) and as “the undisputed IP litigator in Canada” (Chambers 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 has been described by his peers in the intellectual property bar as:
  • “the total package: a brilliant, out-of-the-box thinker with an elite business sense. He is an exceptional negotiator, pragmatic and fair, and should remain everyone’s number one choice.” (IAM Patent 1000)
  • "like a magician; he is incredible in court." (Chambers Global)
  • “the Bay Street gold standard” (Benchmark Canada)
  • “He is the best; he is number one in terms of litigation, client service and business-mindedness.” (Chambers Canada)

Featured Work

Andrew’s recent representative work includes:
  • Steelhead v. ARC Resources, 2023 FC 1684 – Successfully represented four defendants invalidating claims of patent relating to a Floating Liquefied Natural Gas Facility. 
  • AbbVie Corporation v. JAMP Pharma Corporation, 2023 FC 1520 - Successfully opposed action for permanent injunction in respect of six asserted patents.
  • Eli Lilly v. Apotex, 2023 FCA 125 – Successfully represented Apotex in an appeal affirming a Judgment declaring Lilly’s tadalafil patent to be invalid. 
  • Energizer Brands v. Gillette Company, 2023 FC 804 – Successfully represented Gillette, Procter & Gamble and Duracell in respect alleged violations of the Trademarks Act.
  • Nova Chemicals v. Dow Chemical Company, 2022 SCC 43 – Acted on behalf Canadian Generic Pharmaceutical Association as an intervener in respect of principles relevant to an accounting of profits. 
  • AbbVie Corporation v. JAMP Pharma Corporation, 2022 FC 1209 – Successfully represented JAMP in a judicial review application resulting in JAMP retaining its Notice of Compliance for its adalimumab product.
  • Janssen v. Apotex, 2022 FCA 184 – Successfully represented Apotex in an appeal affirming a Judgment declaring Janssen’s abiraterone patent to be invalid. 
  • GEMAK Trust v. Jempak Corporation, 2022 FCA 141 – Retained as appellate counsel, resulting in a successful appeal overturning a Judgment dismissing an action for patent infringement. 
  • Google v. Sonos, 2022 FC 1116 – Represented Google in a two week trial in connection with audio technology. 
  • Steelhead v. ARC Resources, 2022 FC 998 – Represented four defendants in a successful summary trial dismissing an action for alleged patent infringement.
  • 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

Credentials

Professional Involvement

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.

Professional Affiliations

  • Law Society of Ontario