Beverley is national leader of BLG's Intellectual Property Litigation Group. She is an experienced trial lawyer and conducts trials and hearings in the Federal Court and Federal Court of Appeal. Beverley practises in all areas of intellectual property litigation, with a focus on complex patent and trademark disputes. Beverley also has significant experience with actions brought under the Patented Medicines (Notice of Compliance) Regulations.
Beverley represents clients in a multitude of sectors including life sciences, technology, gaming and mining for patent litigation. She is also interested in the intersection of IP and artificial intelligence as well as other emerging technologies.
Beverley regularly provides strategic advice to clients in all sectors on patent portfolio management and trade secrets. In addition, Beverley advises on patentability, validity and freedom-to-operate issues and has assisted in the IP components of transactions.
Having worked with life sciences and biotechnology companies throughout her career, Beverley uses that experience to provide strategic advice on navigating Canada's IP regulatory issues including listing patents on the Patent Register, reporting patents to the Patented Medicines Prices Review Board, Certificates of Supplementary Protection and the Register of Innovative Drugs as it relates to data protection. In addition, Beverley advises on Access to Information requests, in particular those made to Health Canada by pharmaceutical clients.
Beverley consulted on the implementation and application of the intellectual property provisions of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union and has advised on the United States-Mexico-Canada Agreement (USMCA).
Beverley has advocated before the Federal Court and Federal Court of Appeal, the Patent Appeal Board and the Patented Medicine Prices Review Board.
Throughout her career, Beverley has been very active in the legal profession. She is one of the founding Co-chairs of the Eastern Canada Chapter of ChIPs. Beverley is the current chair of the CBA IP Section's Court Practice Committee, and is a member at large on the CBA IP Section executive. She sits on the Steering Committee for DRI's IP Litigation Committee. Beverley is one of the co-vice chairs of the IPOwners Association’s newly formed Wellness committee, and is a past co-vice chair of IPO’s Pharmaceutical and Biotechnology Issues Committee and its Canadian Practice Committee. In addition, Beverley is a regular speaker and writer on IP issues, and serves on the BLG's Thought Leadership Committee. Beverley is also both a formal and informal mentor to students and associates at BLG.
Experience
- Counsel for innovative companies asserting validity and infringement of patents during proceedings brought pursuant to the NOC Regulations.
- Counsel for innovative companies challenging and judicially reviewing the Minister of Health’s refusal to list patents on the Patent Register.
- Counsel for innovative companies defending generic companies’ claims for damages pursuant to s. 8 of the NOC Regulations.
- Counsel for innovative companies in patent infringement and validity proceedings involving claims to compounds, formulations and uses of drugs and the processes to make them.
- Advising clients on patent portfolio issues relating to data protection, listing patents on the Patent Register and reporting to the Patented Medicines Prices Review Board.
- Preparing freedom-to-operate, infringement and validity opinions with respect to intellectual property matters.
- Counsel for clients seeking leave to intervene and intervening in proceedings before the Supreme Court of Canada.
- Counsel for clients seeking leave to intervene and intervening in proceedings before the Patented Medicines Prices Review Board.
- Counsel for innovative companies asserting validity and infringement of patents during proceedings brought pursuant to the NOC Regulations.
- Counsel for innovative companies challenging and judicially reviewing the Minister of Health’s refusal to list patents on the Patent Register.
- Counsel for innovative companies defending generic companies’ claims for damages pursuant to s. 8 of the NOC Regulations.
- Counsel for innovative companies in patent infringement and validity proceedings involving claims to compounds, formulations and uses of drugs and the processes to make them.
- Advising clients on patent portfolio issues relating to data protection, listing patents on the Patent Register and reporting to the Patented Medicines Prices Review Board.
- Preparing freedom-to-operate, infringement and validity opinions with respect to intellectual property matters.
- Counsel for clients seeking leave to intervene and intervening in proceedings before the Supreme Court of Canada.
- Counsel for clients seeking leave to intervene and intervening in proceedings before the Patented Medicines Prices Review Board.
