
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 Global 2023 and Chambers Canada 2023 ranks Ben in Band 4, with peers describing him as “an outstanding young IP litigator, an excellent oral advocate and cross-examiner.” He “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 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.
Expertise
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Cannabis
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Competition and Foreign Investment
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Corporate and Commercial Litigation
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Dispute Resolution
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Health and Pharmaceutical Litigation
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Communications and Media
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Competition Law Litigation
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Food and Drug Regulatory and Litigation
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Intellectual Property
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Patent Prosecution, Licensing and Transactions
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Patent, Trademark and Copyright Litigation
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PMPRB Strategies and Litigation
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Trademark Prosecution, Licensing and Transactions
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Regulatory, Administrative and Public Law
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Technology
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Technology Disputes
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
Awards & Recognition
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Best Lawyers in Canada Recognized, Corporate and Commercial Litigation, Intellectual Property Law 2024
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Chambers Global Recognized, Intellectual Property: Litigation 2023
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LMG Life Sciences Recognized, Intellectual Property 2023
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Lexpert Special Edition: Technology and Health Sciences Recognized, Canada's Leading Technology and Health Sciences Lawyers 2023
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IAM Patent 1000 Silver, Patent Litigation 2023
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Benchmark Canada Litigation Star 2023
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.
Education
- Western University, LL.B., 2005
Professional Affiliations
- Canadian Bar Association
- Ontario Bar Association
- Intellectual Property Institute of Canada
- Toronto Intellectual Property Group (TIPG)
- Canadian Technology Law Association (IT.CAN)
Call to Bar
- Ontario
Insights
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Intellectual Property
Lexpert Recognizes the Goodmans IP Team
The Goodmans IP Team is proud to have been recognized in the 26th edition of the Canadian Legal Lexpert Directory 2022.As a group, the Goodmans IP Team was recognized as follows:Intellectual Property… -
Intellectual Property
Goodmans IP Team Recognized
The Goodmans IP Team is proud to have recently been recognized by both Who's Who Legal: Life Sciences 2022 and Chambers Global 2022.The following members of the Goodmans IP Team were recognized by… -
Intellectual Property
Goodmans IP Team Recognized by Legal 500 Canada
The Goodmans IP Team is proud to have been recognized in "Intellectual Property" by Legal 500 Canada - 2022.A "deep bench of IP litigators distinguishes" the Goodmans IP Team "from its competition… -
Intellectual Property
Goodmans IP Team Successfully Intervenes on Behalf of IPIC
Ben Hackett of the Goodmans IP Team has authored an article for the Intellectual Property Institute of Canada ("IPIC") regarding IPIC's successful intervention before the Federal Court of Appeal in… -
Intellectual Property
Ben Hackett To Present IPIC Webinar
On Friday, May 3, 2019, Ben Hackett of the Goodmans IP Team will be presenting a webinar for the Intellectual Property Institute of Canada ("IPIC") with Yael Bienenstock of Torys LLP regarding the law… -
Intellectual Property
Federal Court of Appeal Sheds Light On Crown Prerogative and Copyright
The Federal Court of Appeal (“FCA”) recently released its judgment in P.S. Knight Co. Ltd. v. Canadian Standards Association, 2018 FCA 222. The Court examined how the Crown’s rights and privileges…
News & Events
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Private Equity and Venture Capital
100+ Goodmans lawyers recognized in The Best Lawyers in Canada: 2024 Edition
Goodmans is delighted to announce we have been recognized in the 2024 edition of The Best Lawyers in Canada with 101 lawyers ranked across 41 practice areas.Congratulations to Harry Radomski… -
Intellectual Property
IAM Patent 1000 Once Again Honours Goodmans with Gold Tier Recognition
We are pleased to share the 2023 edition of IAM Patent 1000 has once again honoured Goodmans LLP with Gold tier recognition. Congratulations to our IP Group, and to the Goodmans lawyers… -
Technology
Goodmans Recognized in the Lexpert Special Edition: Technology and Health Sciences 2023
We are delighted to announce that the Lexpert Special Edition: Technology and Health Sciences has once again recognized Goodmans LLP, with 15 Goodmans lawyers recognized named among Canada's…