Ben Hackett

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Ben Hackett

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Overview

Ben Hackett is a partner in the Dispute Resolution Group at Goodmans.  He practices commercial litigation, with an emphasis on intellectual property litigation. Ben has been counsel on a number of significant cases involving patent validity and infringement, damages and profits quantification and recovery under section 8 of the Patented Medicines (NOC) Regulations on behalf of generic clients.  He has also acted on a number of judicial reviews and damages claims against the Federal government. Additionally, Ben has acted as counsel on actions before the Federal Court seeking recovery under the Competition Act.  He appears regularly at the trial and appeal levels of the Federal Courts and has appeared before the Supreme Court of Canada.

Chambers Canada 2023 ranks Ben in Band 4, with peers describing him as “an emerging leader of the IP Bar.” He offers proficiency in patent litigation and experience representing prominent clients in the pharmaceuticals industry.” Ben is also recognized as a leading lawyer in the Lexpert Special Edition: Technology and Health Sciences 2022 and 2021, and in the Lexpert Special Edition: Litigation since 2018. He has been ranked bronze by IAM Patent 1000 since 2017 and is described as “the best young partner in the Canadian patent scene.” The Canadian Legal Lexpert Directory  “consistently recommends” Ben for intellectual property. He is recognized as a leading intellectual property lawyer by Best Lawyers in Canada since 2015 and he is recognized as a litigation star for intellectual property litigation by Benchmark Canada. Ben is recognized by The Legal 500 Canada as a “Next Generation Partner." He is also recognized as a leading patent litigator by Who’s Who Legal:  Life Sciences - Patent Litigation 2021 and IP - Patents 2021.

Featured Work

Some selective cases include:
  • Apotex Inc. in successful judicial review of the decision of the Minister of Health to impose an “Import Ban”
  • Apotex Inc. in three patent infringement proceedings commenced by Bayer in respect of patents covering the pharmaceutical ingredients in certain birth control pills
  • Apotex Inc., in over a decade of litigation against the Federal government in respect of its failure to approve, for seven years, a generic anti-depressant known as trazodone 
  • Apotex Inc. in an alleged infringement of the 206 Patent by the sale of generic Ramipril for high-blood pressure, as well as further damages due to the alleged infringement

Credentials

Professional Involvement

Ben is a lecturer in the Intellectual Property in Health Law course in the Professional LLM program at Osgoode Hall Law School. Beginning in Fall 2018 Ben will be an Adjunct Professor teaching Patent Law at Queens Law School.

Ben joined the firm as a summer student in 2003.  Upon graduation from the University of Western Ontario Faculty of Law, Ben spent his articles clerking for Justices Doherty, Lang, Rouleau and LaForme of the Court of Appeal for Ontario and became an associate with the firm in 2006. 

Professional Affiliations

  • Canadian Bar Association
  • Ontario Bar Association
  • Intellectual Property Institute of Canada
  • Toronto Intellectual Property Group (TIPG)
  • Canadian Technology Law Association (IT.CAN)