Carina De Pellegrin  

Counsel

Executive Summary

Carina De Pellegrin practices in all areas of intellectual property litigation, with a particular focus on IP litigation and applications under the Patented Medicines (Notice of Compliance) Regulations (NOC Regulations).  

With a background in computer engineering, Carina assists technology clients in patent, copyright and intellectual property licensing matters. She has also assisted clients in managing their trademark portfolios and defending their trademark rights, and has appeared in trademark related matters before the Trademarks Opposition Board and the Federal Court.

Carina has also acted in matters related to government procurement disputes in the telecommunication and technology industries, including appearing before the Canadian International Trade Tribunal and the Federal Court of Appeal.

Carina has developed in-depth knowledge of Canadian administrative law and practice, including judicial review. In addition to her private practice experience, which has involved many aspects of administrative law, Carina served for two terms as a Tribunal Member for the Military Grievances External Review Committee (formerly the Canadian Forces Grievance Board), adjudicating disputes in the federal government context.

Prior to her legal career, Carina was an aeronautical engineering officer with the Canadian Forces and an engineering contracting officer and project manager for the Department of National Defence.

Carina recently completed her Masters of Law at Osgoode Hall specializing in IP. Her LLM papers covered intellectual property topics such as distinguishing legitimate patent licensing from problematic patent troll behaviour in Canada and the US, the impact of CETA on the pharmaceutical industry, the intersection of copyright enforcement and privacy, and trademark protection for parallel imports. 

Carina has contributed to the "Patents – Year in Review" article in Carswell's Consolidated Intellectual Property Statutes and Regulations. She is a contributor to BLG's IP Weekly Review, a service that informs clients and others of recent developments in Canadian intellectual property law and jurisprudence. Carina practices in both official languages.

Representative Work

  • Appearing before the Federal Court and the Federal Court of Appeal.
  • Acting as counsel for innovator and generic companies in proceedings brought pursuant to the Patented Medicines (Notice of Compliance) Regulations, related to the validity and infringement of pharmaceutical patents.
  • Acting as counsel for innovative companies defending generic companies' claims for damages pursuant to s. 8 of the NOC Regulations.
  • Acting as counsel in patent, trademark and copyright infringement actions.
  • Acting as counsel in opposition and judicial review proceedings.
  • Adjudicating grievances as a Member of the Military Grievances External Review Committee