
Overview
Harry Radomski serves as counsel at Goodmans. Harry heads the Intellectual Property Group, which has been described by Chambers Canada as “the best in this field in Canada”.
Harry’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. Harry is a seasoned trial lawyer, who regularly appears before all levels of court in Ontario and in the Federal Court. He has appeared before the Supreme Court of Canada on a number of occasions to address the country’s leading patent, trademark and damages issues. He has also appeared in the provincial Superior Courts in British Columbia, New Brunswick and Quebec.
Beyond his intellectual property practice, Harry has extensive experience in litigation involving provincial and federal governments, including judicial reviews of regulatory decisions in the pharmaceutical context, as well as a variety of commercial litigation matters.
Outside of his litigation practice, Harry has been involved in contract negotiations and collective bargaining agreements for several hockey coaches, management personnel and hockey officials in the National Hockey League and continues to represent the officials. He is the Executive Director of the NHL Officials Association.
Harry has been described by his peers in the intellectual property bar as:
- “the best patent litigator in Canada” (Who’s Who Legal)
- “a first-tier litigator – there’s nobody better” (Who’s Who Legal)
- “the current pinnacle of our Bar” (Chambers Canada)
- “the busiest, hardest-working litigation IP lawyer in Canada – he stands out above everyone else” (Chambers Canada)
- "he has been involved in more high-stakes cases than any other member of the Bar" (Chambers Global)
- “fantastically successful” (IAM Patent 1000)
- “a leading figure and has been for decades” (IAM Patent 1000)
- “an extremely talented orator [whose] track record in high-stakes cases is incredible” (IAM Patent 1000)
Expertise
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Arbitration - Domestic and International
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Class Actions
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Communications and Media
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Corporate and Commercial Litigation
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Dispute Resolution
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Food and Drug Regulatory and Litigation
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Health and Pharmaceutical Litigation
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Intellectual Property
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Judicial Review
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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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Regulatory, Administrative and Public Law
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Technology
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Technology Disputes
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Trademark Prosecution, Licensing and Transactions
Featured Work
Harry’s representative work includes:
- Ciba-Geigy Canada Ltd. v. Apotex Inc. (1992) – Represented the Respondent at the Supreme Court of Canada on a pivotal trade-mark decision which addressed the issues of passing-off and secondary meaning
- Merck & Co., Inc. et al. v. Apotex Inc. et al. (1994) – Represented the Respondent at the Supreme Court of Canada in a proceeding which determined the parameters of the vested right by a drug company to a notice of compliance (i.e., marketing approval)
- Apotex Inc. v. Eli Lilly and Company, et al. (1998) – Represented the Appellant at the Supreme Court of Canada in a proceeding which set guidelines for pharmaceutical industry participants on the proper date for assessing a Notice of Allegation served under the Patented Medicines (Notice of Compliance) Regulations and issues related to patent licensing and sublicensing agreements
- Apotex Inc. v. Wellcome Foundation Ltd. (2002) – Represented the Appellant at the Supreme Court of Canada in a landmark case which considered the doctrine of sound prediction in the context of the utility requirement imposed under the Patent Act
- Apotex Inc. v. AstraZeneca Canada Inc. et al. (2006) – Represented the Appellant at the Supreme Court of Canada in a matter under the Patented Medicines (Notice of Compliance) Regulations, which assisted in defining the scope of the protection afforded to a first person (typically, an innovate pharmaceutical manufacturer), engaged the applicable regulatory scheme in respect of its drug product, and set out the parameters under which a second person (typically, a generic pharmaceutical manufacturer) was required to comply with that regulatory scheme
- Sanofi-Aventis, et al v Apotex Inc., et al. (2015) – Represented the Respondent at the Supreme Court of Canada in a proceeding which considered the methodology to be applied in determining damages and the hypothetical market during the period contemplated under section 8 of the Patented Medicines (Notice of Compliance) Regulations
- AstraZeneca Canada Inc. v. Apotex Inc. (2017) – Represented the Respondent at the Supreme Court of Canada in a landmark case which addressed the judicial “promise doctrine” in the context of the utility requirement under the Patent Act
Awards & Recognition
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Best Lawyers in Canada Lawyer of the Year, Intellectual Property Law 2024
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Best Lawyers in Canada Recognized, Corporate and Commercial Litigation, Intellectual Property Law 2024
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Chambers Global Star Individual, Intellectual Property: Litigation 2023
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LMG Life Sciences Recognized, Intellectual Property 2023
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IP Stars Patent Star 2023
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Lexpert Special Edition: Technology and Health Sciences Recognized, Canada's Leading Technology and Health Sciences Lawyers 2023
Credentials
Professional Involvement
Harry has lectured on intellectual property issues at the University of Toronto Faculty of Law and the Hebrew University of Jerusalem Faculty of Law. He is also an adjunct professor for the LL.M. Health Law IP course at Osgoode Hall Law School.
Harry co-authored the Insurance Act of Ontario – Annotated.
Harry also devotes time to many charitable endeavours which have included Simon Wiesenthal and the Hebrew University of Jerusalem.
Credentials
- University of California at Berkeley, LL.M., 1976
- University of Toronto, LL.B., 1975
- University of Toronto, B.Comm., 1972
Professional Affiliations
- Law Society of Ontario
- Canadian Bar Association
- The Advocates’ Society
- Canadian Association of Law Teachers
Call to Bar
- 1978 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 Shortlisted for LMG Life Sciences Awards 2021
The Goodmans IP Team is proud to have been shortlisted in three categories for the ninth annual LMG Life Sciences Americas Awards:Canadian Patent Litigation Firm of the Year – Goodmans LLPCanadian… -
Cleantech
Canada's First Patent Collective Launches for the Cleantech Sector
Over the last several years, the federal government has touted its $85 million Intellectual Property Strategy (IP Strategy). One of the key pillars of the IP Strategy is $30 million in funding for… -
Intellectual Property
Enlisting the Canadian statutory and regulatory apparatus in the fight against COVID-19
The Canadian government is continually amending and supplementing its regulatory apparatus to better manage the COVID-19 crisis, and, in particular, to address shortages of necessary drugs and medical…
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
Goodmans Recognized in the 2023 Edition of Managing IP's IP STARS
We are delighted to share Goodmans IP practice and lawyers have once again received top-tier recognition in the 2023 edition of Managing IP's IP STARS.Congratulations to the following Goodmans… -
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…