Ben Hackett

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Ben Hackett

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Overview

Ben Hackett is a partner in the Litigation and Dispute Resolution Group at Goodmans.

He practices commercial litigation, with an emphasis on intellectual property litigation, including disputes relating to patents, trademarks and copyright. He appears regularly at the trial and appeal levels of the Federal Courts and has appeared before the Supreme Court of Canada. Ben also assists clients in tax dispute resolution, both at the appeal and administrative level. 

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. Ben’s practice has included numerous cases involving inter partes experimental testing before the Federal Court. He also appears regularly in matters relating to complex market reconstruction and injunctive relief.

He has also acted on a number of judicial reviews and damages claims against the government, including a finding of misfeasance in a public office in respect of the Federal Government.

Ben also advises pharmaceutical clients regarding pricing regulation issues, including those relating to the Patented Medicines Prices Review Board (“PMPRB”)

Additionally, Ben has acted as counsel on actions before the Federal Court seeking recovery under the Competition Act.

Ben has been recognized by a number of publications for his IP and litigation experience and expertise.

Lexology, Thought Leaders - IP: “Ben Hackett enjoys a fantastic reputation in the market, with peers highlighting him as ‘a solid opponent who is easy to work with’”.

IAM Patent 1000: “Ben Hackett is well liked and respected in the legal community. He is whip smart, hardworking and has extensive trial experience.”

Chambers Global and Chambers Canada: “Ben Hackett holds a solid reputation as an IP litigator and has played an important role in several high-profile patent litigation cases, particularly in the pharmaceutical sector”, “Ben is very smart and excellent”, “He is a tremendous courtroom lawyer” and “Ben Hackett has a strong legal mind.”

Ben has been recognized as a leading lawyer in the Lexpert Special Edition: Technology, the Lexpert Special Edition: Health Sciences, and the Lexpert Special Edition: Litigation since 2018 and has been recognized as a leading intellectual property lawyer by Best Lawyers in Canada since 2015. Ben continues to be ranked by Chambers Global, Chambers Canada, IAM Patent 1000, Benchmark Litigation, The Canadian Legal Lexpert Directory, The Legal 500 Canada, IP Stars, LMG Life Sciences, and Lexology Index: Life Sciences - Patent Litigation and IP – Patents.

Featured Work

Some selective cases include:
  • Serono v. Canada (Health), 2024 FC 1848 – successfully defended a judicial review of the Minister’s timing decision with respect to the listing of patents on the Patent Register.
  • Energizer Brands, LLC v. Gillette Company, 2023 FC 804 – successfully defending Duracell from a claim under section 22 of the Trademarks Act (depreciation of goodwill).
  • AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520 – successfully opposed action for permanent injunction in respect of six asserted patents.
  • Selected section 8 actions: Apotex v. Eli Lilly, 2023 ONSC 1968, Apotex Inc. v. Sanofi-Aventis, 2012 FC 553, 2014 FCA 68, 2015 SCC 20, Apotex Inc. v. Takeda Canada Inc., 2013 FC 1237, Apotex Inc. v. Merck Canada Inc., 2012 FC 1235
  • Cineplex Inc. v. The King, 2026 TCC 15  - successful appeal from a reassessment under the Income Tax Act with respect to the disallowance of a deduction of $26.5 million of non-capital losses.
  • Apotex Inc v. Canada (Health), 2015 FC 1161- successful judicial review of the decision of the Minister of Health to impose an “Import Ban”.
  • Apotex Inc. v. Canada, 2014 FC 1087 – successful claim for misfeasance in a public office in respect of the Federal government’s failure to approve a generic anti-depressant known as trazodone.
  • Eli Lilly Canada Inc. v. Apotex Inc., 2020 FC 814 – successful invalidation of a process patent for the making of tadalafil.
  • AstraZeneca Canada Inc. v. Apotex inc., 2014 FC 638 – successful invalidation of esomeprazole patent at first instances, affirmed on appeal 2015 FCA 158 but overturned by the Supreme Court 2017 SCC 36
  • Sanofi-Aventis Canada v. Apotex Inc., 2009 FC 676, 2011 FCA 300 – successful invalidation of a patent claiming the compound ramipril.
  • Apotex Inc. v. ADIR, 2015 FC 721, 2017 FCA 23, 2018 FC 346, 2020 FCA 60 – profits reference involving the assertion of non -infringing alternatives.
  • Apotex Inc. v. Pfizer Ireland Pharmaceuticals, 2012 FC 1339 – successful invalidation of sildenafil patent by way of summary trial.
  • Laboratoires Servier v. Apotex Inc., 2006 FC 1493 and Sanofi-Aventis Canada inc. v. Canada (Minister of Health), 2006 FC 1559 – successfully defended injunctions following the issuance of notices of compliance by the MInsiter of Health.

Credentials

Professional Involvement

Ben has been a longtime member of the Intellectual Property Courts Practice Committee of the Canadian Bar Association and the IPIC Litigation Committee.

Ben was a lecturer in the Intellectual Property in Health Law course in the Professional LLM program at Osgoode Hall Law School. He has also taught patent law at Queens Law School as an adjunct professor.

Professional Affiliations

  • Canadian Bar Association
  • Ontario Bar Association
  • Intellectual Property Institute of Canada
  • Toronto Intellectual Property Group (TIPG)