Allyson Whyte Nowak
Partner
Allyson Whyte Nowak practises intellectual property and related litigation, including patent litigation relating to financial services, life and health sciences (pharmaceutical compounds, biotechnology, and medical devices), as well as litigation related to trade secrets and confidential information, copyrights, trade-marks and trade libel. She has tremendous experience in damages actions under the Patented Medicines (Notice of Compliance) Regulations.
Ms. Whyte Nowak’s solicitor work includes freedom to operate, validity and infringement opinions, as well as advice in connection with the protection of trade secrets including non-disclosure and confidentiality agreements.
Ms. Whyte Nowak is regional chair of our Ontario intellectual property practice.
Year of call
Ontario 1996
Law school
B.C.L./LL.B., McGill University, 1994
Education
B.A.(Hons.), McGill University, 1989
Selected client work
- Co-counsel in Canada’s first DNA patent trial and appeal
- Merck & Co. v Brantford Chemicals Inc. (2005), 39 CPR (4th) 524 (FC)
- Johnson & Johnson Inc. et al v Boston Scientific Ltd. (2004), 328 NR 82 (FCA)
- Johnson & Johnson Inc. et al v Boston Scientific Ltd. (2004), 37 CPR (4th) 385 (FC)
- Merck & Co. v Apotex Inc. (2004), 32 CPR (4th) 203 (FC)
- Apotex Inc. v Wellcome Foundation Ltd. (2004), 31 CPR (4th) 210 (FCA)
- Apotex Inc. v Wellcome Foundation Ltd. (2003), 29 CPR (4th) 489 (FCTD)
- Johnson & Johnson Inc. et al. v Arterial Vascular Engineering Canada, Inc. (2001), 13 CPR (4th) 134 (FCTD)
- Kirin-Amgen Inc. et al v Hoffman-La Roche Ltd. (2000), 11 CPR (4th) 78 (FCA)
- Kirin-Amgen Inc. et al v Hoffman-La Roche Ltd. (1999), 87 CPR (3d) 1 (FCTD)
Speaking engagements
- Speaker at seminars presented by the Law Society of Upper Canada and IPIC.
- “Patent Trials” and “Trade Secrets” (guest lecturer), IP LLM Patent Law course, Osgoode Hall Law School, October 2010.
- “Expert Evidence: A Time of Reform,” Advocates' Society Civil Litigation Skills Certificate Program, Trial From A to Z, April 18, 2010.
- “Conduct of an Action” and “An Overview of the Patented Medicines (Notice of Compliance) Regulations” (guest lecturer), Patents and Trade Secrets Course, University of Toronto.
- “Privacy Law” (guest lecturer), Internet and Information Technology course, University of Victoria Law School.
- “Recent Drug Patent Cases” (author and speaker), 5th Annual Program on Drug Patents: Litigation Strategies and Regulatory Update, Insight Information, Toronto, February 28, 2006.
- “Protecting Bright Ideas: Confidential Information and Intellectual Property in the Workplace” (author and speaker), Advanced Forum on Employment Law, Canadian Institute, Toronto, October 16, 2003.
- “The Law on Anton Piller Orders: an Update” (author and speaker), 6th Annual Intellectual Property Law the Year in Review, The Law Society of Upper Canada, Toronto and Ottawa, January 17 and 18, 2002.
- “A Basic Evidence Primer for Intellectual Property Matters” (author and speaker), 6th Annual Continuing Education Symposium on Intellectual Property Law, IPIC, Ottawa, March 20, 2000.
Memberships and activities
- The Advocates’ Society
- The Canadian Bar Association
- Intellectual Property Section
- Litigation Section
- The Intellectual Property Institute of Canada
- Toronto Intellectual Property Group