Biotechnology relies on continuous innovation, an ability to obtain and sustain funding for research and development, and having the intellectual property protection in place to exploit and market new inventions and processes. Bennett Jones is an active, committed advisor to the biotechnology industry, serving the medical, energy and consumer products sectors.
Our team of lawyers, patent agents and trademark agents brings extensive technical knowledge and advanced degrees in the life sciences to the wide range of issues affecting the sector. We provide support on intellectual property protection and enforcement, commercialization of new products and processes, venture capitalization and financing, and government regulation. Possessing excellent relationships with regulatory, contracting and grant-making authorities as well as leading academic institutions and angel and venture capital networks, our goal is to provide industry participants with clear, concise legal counsel that advances mutual interests and maximizes the value of clients’ tangible and intangible assets.
Our clients are located in thriving research centres across Canada and around the world, and include start-ups, incubators, Centres for Excellence, clinical and diagnostic research laboratories and private and public companies involved in the development and production of biomedical products and devices. On their behalf, we have negotiated a variety of funding arrangements, drafted joint venture, development, licensing and transfer agreements, prepared and prosecuted patent applications, managed domestic and international patent portfolio applications and handled various enforcement proceedings both domestically and internationally relating to patent infringement, anti-counterfeiting and protection of trade secrets.
Select Experience
•Extendicare Inc., a leading North American provider of post-acute and long-term senior care services, in connection with the sale of substantially all of its nursing, rehabilitative and assisted living business in the United States to a group of investors led by Formation Capital, LLC, a healthcare-focused private investment firm, and an affiliate of Safanad Inc. a global investment firm, for US$870 million.
•Teva Pharmaceutical Ltd., as Canadian counsel, in connection with its acquisition of ratiopharm Group for approximately $4.85 billion (€3.625 billion).
•NUCRYST Pharmaceuticals Corp., in connection with the possible sale of all or substantially all of the assets of NUCRYST and the consideration of an amalgamation of the NUCRYST with 1499642 Alberta Ltd., a wholly-owned subsidiary of The Westaim Corporation.
Recent Recognitions
•2015, Chambers Global: The World's Leading Lawyers for Business
Bennett Jones, ranked, Intellectual Property
A well-rounded firm that advises on domestic and cross-border patent and trade mark prosecution and litigation. Often acts on the IP aspects of M&A, financings and insolvency deals. Active across the telecoms, energy, pharmaceutical, agriculture, mining and petrochemical sectors. "They provide quick responses and have a knowledgeable team - the thoroughness of the information they provide impresses me.""They have a proactive approach."
•2015, Chambers Global: The World's Leading Lawyers for Business
Michael A. Eizenga, ranked Band 1, Dispute Resolution: Class Action (Defence)
Michael Eizenga "is one of the most knowledgeable class actions lawyers in the country - he covers all the bases," say sources. In addition to his ongoing work on the e-books case, he recently advised Bard Canada on a product liability action relating to the alleged failure of one of its medical devices.
•2015, Chambers Global: The World's Leading Lawyers for Business
Martin P.J. Kratz, ranked, Intellectual Property
Martin Kratz QC is "well versed in all areas of IP," note interviewees. He is highly knowledgeable about IT matters and is also involved in deals in the energy, pharmaceutical and telecoms sectors. He advised Teva on patent clearance opinions.
Recent Publications
•SCOTUS Changes the Rules for Patent Claim Construction on Appeal
•Medical Marijuana in the Workplace: What Employers Need to Know
•Bennett Jones Spring 2014 Economic Outlook
News & Events
•COACH e-Health Conference 2014
•Climate Change Policy and Competitiveness
• Bennett Jones Launches Canadian Anti-Spam Information Site
