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Geoffrey D. Mowatt

Partner

Patent Agent and Trade-mark Agent

About

Geoff Mowatt is a barrister and solicitor practicing intellectual property law and litigation. His practice focuses on patent, trademark, and copyright litigation, as well as regulatory and compliance advice for life sciences companies.

Geoff is certified by the Law Society of Upper Canada as a Specialist in Patent Law. He has experience in all aspects of intellectual property litigation, ranging from pre-litigation opinions to appearing before the Ontario Court, Federal Court, and Federal Court of Appeal. He has worked with counsel in other jurisdictions, including the United States, Europe and Australia, to co-ordinate the Canadian part of multi-jurisdictional lawsuits. Geoff has extensive experience with proceedings under the Patented Medicines (Notice of Compliance) Regulations.

Geoff’s experience with trademarks includes providing opinions and advice on registrability and freedom to operate, as well as brand strategy, trademark prosecution, and general trademark litigation.

Geoff also provides strategic advice to the firm’s innovative life sciences clients on regulatory and compliance issues for pharmaceuticals, biologics, and medical devices. Geoff’s experience includes life cycle management and data protection, product and establishment licensing, Form IV patent listing, Certificates of Supplemental Protection, approval pathways, drug advertising, drug reimbursement/pricing, and the implications of international trade agreements. 

Geoff speaks and writes frequently on intellectual property litigation and developments related to pharmaceuticals, biopharmaceuticals, biotechnology, and medical devices. Geoff is the Chair of the Canadian Bar Association Biotechnology Committee, and regularly lectures at the Masters of Biotechnology program at the University of Toronto. Geoff holds a M.Sc. from the University of Toronto and worked for two years as a consultant at an engineering firm prior to attending law school.

Bar admissionsOntario, 2006

EXPERIENCE

  • Pfizer Canada Inc et al v. Janssen Inc, Janssen Biotech Inc, et al (T-396-13) - representing Pfizer in a patent impeachment and infringement action related to biologics for the treatment of rheumatoid arthritis.
  • G&W Distilling et al v. MXM Beverages (T-890-19); G&W Distilling et al v. Northam Beverages (T-779-19) - representing G&W to assert trademark and trade dress rights related to vodka soda beverages.
  • SmileDirectClub LLC v. Manitoba Dental Association et al (CI 19-01-22657) - representing SmileDirectClub in an action for false and misleading statements made by the Manitoba Dental Association related to clear aligner therapy and teledentistry.
  • Petline Insurance Company v. Trupanion Brokers Ontario Inc (T-1626-18) - representing Trupanion in an application brought by Petline for false and misleading advertising; the application was dismissed in its entirety in favour of Trupanion, with costs (see 2019 FC 1450).
  • Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc (T-954-18) - representing Deeproot in a patent infringement action related to subsurface soil cells for urban tree growth. 
  • MIPS AB v. Bauer Hockey (T-56-15) - representing MIPS in a patent impeachment and infringement action related to rotational impact protection in hockey helmets.  
  • Acted for G&W Distilling in connection with the purchase of the G&W business by Labatt’s.
  • Zeptometrix Corporation v. Microbix Biosystems (T-1672-16) – representing Microbix to defend a patent infringement action related to inactivated microorganisms for use as controls.
  • FGF Brands v. TWI Foods (T-533-16, T-66-12) – representing FGF Brands in two patent infringement actions concerning high temperature ovens for baking ethnic bread.
  • LBI Brands Inc. v. Aquaterra Corporation et al. (CV-15-64933) – defending Aquaterra in a copyright infringement action brought by LBI Brands concerning a boxed water product.
  • San Remo Lighting v. Ortech Industries Inc. (T-2188-14) – brought an action on behalf of San Remo for a declaration of non-infringement related to plastic electrical boxes.
  • Francisco Munoz v. Deb Worldwide Healthcare (CV-12-453905) – defended Deb in an action brought by an inventor to invalidate a patent assignment related to foamed alcohol hand sanitizing compositions.
  • Deb Worldwide Healthcare v. Ecolab (T-379-11) – brought a patent infringement action for Deb against Ecolab related to a patent to foamed alcohol hand sanitizing compositions.
  • Uponor AB v. Heatlink Group, PexCor Manufacturing, iNOEX GmbH (T-496-11) – represented iNOEX GmbH in a patent infringement action related to cross-linked extruded products.
  • Aloys Wobben v. Vestas-Canadian Wind Technology (T-564-07) – brought a patent infringement action on behalf of Aloys Wobben, a German innovator, related to wind turbine technology.
Languages
  • English
Education
  • LL.B., Osgoode Hall Law School, 2005
  • M.Sc., University of Toronto

Awards

  • Canadian Legal Lexpert Directory (Intellectual Property), 2022
  • Best Lawyers in Canada (Intellectual Property), 2021-2023
  • WTR 1000, World Trademark Review, Leading Trademark Professional, 2021-2022
  • IP Star (Patent), Managing Intellectual Property, 2018-2022
  • IAM Patents 1000, 2021
  • The Legal 500 Canada (Intellectual Property), 2018-2019, 2022-2023

Publications

  • Co-author, "Medicinal product regulation and product liability in Canada: overview," Thomson Reuters Practical Law, July 2019
  • Co-author, “Cannabis regulations: Health Canada’s solution to support the Cannabis Act,” Inside Internal Controls, August 2018
  • "Medicinal product regulation and product liability in Canada: overview," Life Sciences Global Guide 2018, Practical Law
  • Co-author, "Threading the biosimilar needle," The Lawyers Weekly, February 2016
  • Co-author, "Digital Health:  An Emerging trend in technology and its legal implications," Electronic Healthcare Law Review, Vol. 5, No. 1, August 2015
  • Contributor, "Patent Litigation in Canada," Anatomy of a Patent Case, Complex Litigation Committee of the American College of Trial Lawyers,  2016
  • Co-author, "High tech burn: The hot debate over electronic cigarettes sure to spark regulation, litigation," The Lawyers Weekly, April 2015
  • Co-author, "Some answers, more questions on free trade," The Lawyers Weekly, January 2015
  • Editor, Carswell Intellectual Property Law Newsletter - IP Source, 2014-2015
  • Co-author, Patent Anticipation (Novelty) chapter, IP Benchbook for Patents, National Judicial Institute/Law Society of Upper Canada, 2007 (updated 2010, 2013, 2015) 
  • Co-author, "Temperature rising around 'digital health,'” The Lawyers Weekly, November 2014 

Seminars

  • Co-Chair, "Maximizing the Expert Witness in Civil Litigation," OBA Civil Litigation Program, November 18, 2020
  • Speaker, "Business Implications of Canada's new IP Strategy and Other Recent IP Developments," 9th Business Law Summit, Law Society of Ontario, May 13, 2019
  • Moderator, "IP and Employment Law," and "Personalized Medicine: Who Owns the Data?" CBA IP Day, May 30, 2019
  • Co-Chair, "Advanced Trial Preparation: The Full Strategy," OBA Civil Litigation Program, November 26, 2019
  • Co-chair, "Innovations in Litigation," OBA Civil Litigation Program, October 28, 2019
  • Co-chair, "The Legal Implications of Personalized Medicine," OBA Professional Development & CBA Biotechnology Committee Program, October 26, 2018
  • Co-chair, "Interlocutory Injunctions in Intellectual Property Cases: Has Sleep Country v. Sears Changed the Game?" OBA Civil Litigation and Information Technology & Intellectual Property Law Program, October 23, 2018
  • Lecturer, “Patent Validity: Utility, covetous claiming, and promises to avoid”, Osgoode Hall Law School, Patent Law Course, September 27, 2018
  • Co-chair, "Successful Civil Appeals," OBA Civil Litigation Program, May 24, 2018
  • Co-chair, "Navigating the Patented Medicine Prices Review Board: From Scientific Review to Hearing" CBA Biotech Committee & Information Technology and Intellectual Property Law, Toronto, December 7, 2017
  • Panel Member, "Biotech Protection in the U.S., Canada, and EU: Is This a New Era?", BIO World Congress on Industrial Biotechnology, Montréal, July 23-26, 2017
  • Speaker, "Patent Litigation 101", Your First Intellectual Property Matter: A Practical Guide, Ontario Bar Association, May 30, 2017
  • Co-speaker, "Impacts of recent international treaties on intellectual property law", Ontario Bar Association, April 5, 2017
  • Co-chair, “Strategies for More Effective and Efficient Litigation: How to Improve Your Client's Experience”, Ontario Bar Association's Institute, Feb 7, 2017
  • Speaker, "Biosimilars Regulatory and Legal Challenges: A Look Back and What's Ahead," The Knowledge Group Webcast, December 8, 2016
  • Speaker, "Ethics and Civility in the Courtroom and Beyond: Civil Litigation & Insurance Law," Ontario Bar Association Professional Development Program, Toronto, December 6, 2016
  • Co-chair, “The Biosimilar Landscape in Canada – An Update,” Canadian Bar Association Biotechnology Committee, OBA Professional Development, Toronto, October 14, 2016
  • Speaker, “The Promise of the Patent: Canadian Patent Law and the so-called ‘Promise Doctrine,” Osgoode Hall Law School, October 11, 2016
  • Co-chair, “Pharma and  Biosimilar Litigation in Canada – Navigating the PM(NOC) Regulations,” Ontario Bar Association (OBA) Professional Development, Toronto, October 5, 2016
  • Speaker, “FDA’s Proposed Guidance on Non-Proprietary Naming of Biological Products: What You Need to Know,” The Knowledge Group Webinar, May 20, 2016
  • Co-chair, "Innovation in Litigation: Responding to Changes in the Legal Industry," Ontario Bar Association (OBA) Professional Development, Toronto, May 9, 2016
  • Speaker, “Patenting Biotechnology: How Early is Too Early?” BIO World Congress on Industrial Biotechnology, San Diego, April 18, 2016
  • Speaker, “Networking Social,” Ontario Bar Association (OBA) Professional Development, Toronto, March 2016
  • Speaker, “Biosimilars and the Patent Landscape in Canada,” Biopartnering Seminar – University of Toronto MBiotech Program, Mississauga, February 2016
  • Speaker, “Patented Drugs in Canada: The Impact of International Trade Deals & Global Harmonization,” Biopartnering Seminar – University of Toronto MBiotech Program, Mississauga, January 24, 2016
  • Speaker, “The Emergence of Digital Health,” Intellectual Property Law: Practice Primers and Contemporary Developments - The Commons Institute, Toronto, November 2015
  • Chair, “Federal Courts Practice:  A Primer," OBA Professional Development, Toronto, November 2015
  • Speaker, “Patent Litigation 101,” OBA Professional Development, Toronto, June 2015
  • Speaker, “Biosimilars and the Patent Landscape in Canada,” Biopartnering Seminar – University of Toronto MBiotech Program, Mississauga, March 2015
  • Speaker, “Biosimilars:  Thoughts and Legal Strategies,” Pharmaceuticals, Life Sciences and the Law Conference - The Commons Institute, Toronto, February 2015
  • Moderator, “Patent Law Update,” The Year in Review in IP Law - Intellectual Property Institute of Canada, February 2015 

Media Mentions

  • Interviewed, "Intellectual Property Law - e-cigarettes, biosimilar drugs and the promise of the patent," Lawyered. the podcast, June 2015
  • Quoted, "Prescription drug laws no easy fix, lawyers say," The Lawyers Weekly, July 2015
  • Quoted, "Shift on asbestos risk won't spur lawsuits, lawyers predict," The Lawyers Weekly, July 2015

Memberships And Affiliations

  • Certified by the Law Society of Upper Canada as a Specialist in Patent Law
  • Chair, Canadian Bar Association Biotechnology Committee
  • Member, Ontario Bar Association Professional Development Committee
  • Member, Ontario Bar Association Civil Litigation Executive
  • Member, Canadian Bar Association
  • Member, American Intellectual Property Law Association
  • Member, Toronto Intellectual Property Group
  • Associate, Intellectual Property Institute of Canada

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