Beverley Moore  

Partner

Executive Summary

Beverley Moore practises in all areas of intellectual property litigation at Borden Ladner Gervais LLP, with a focus on patent litigation and applications under the Patented Medicines (Notice of Compliance) Regulations (NOC Regulations). She also advises clients on regulatory issues such as listing patents on the Patent Register, reporting patents to the Patented Medicines Prices Review Board (PMPRB), and the Register of Innovative Drugs as it relates to data protection. Beverley also advises on Access to Information (ATI) requests, in particular those made to Health Canada by pharmaceutical clients. In addition, Beverley advises on patent portfolio management, patentability, validity and freedom-to-operate issues, and aids in the prosecution of patent applications in Canada. Currently, Beverley is also advising and consulting on the implementation and application of the intellectual property provisions of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union.

Beverley has been an advocate before the Federal Courts, the Patented Medicine Prices Review Board and the Supreme Court of Canada.  Beverley is a co-editor of Carswell's Consolidated Intellectual Property Statutes and Regulations, and co-author of the book's "Patents – Year in Review" article. Beverley and her colleagues, Chantal Saunders, Adrian Howard and Jillian Brenner, publish a weekly IP Bulletin, summarizing recent IP cases and industry news of note. In addition, Beverley is a member of BIOTECanada's Health Advisory Board and Subsequent Entry Biologics Task Force, and has lobbied politicians on biotechnology issues. Beverley also sits on the editorial board of the Canadian Intellectual Property Review Beverley's M.Sc. research involved mechanistic studies with Vitamin D analogues.

Representative Work

  • Appearing before the Federal Court and the Federal Court of Appeal.
  • Acting as counsel for innovative companies asserting validity and infringement of patents during proceedings brought pursuant to the NOC Regulations.
  • Acting as counsel for innovative companies challenging and judicially reviewing the Minister of Health’s refusal to list patents on the Patent Register.
  • Acting as counsel for innovative companies defending generic companies’ claims for damages pursuant to s. 8 of the NOC Regulations.
  • Acting as 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 PMPRB.
  • Preparing freedom-to-operate, infringement and validity opinions with respect to intellectual property matters.
  • Acting as counsel for clients seeking leave to intervene and intervening in proceedings before the Supreme Court of Canada.
  • Acting as counsel for clients seeking leave to intervene and intervening in proceedings before the Patented Medicines Prices Review Board.

Publications & Presentations

  • Co-Editor, Consolidated Intellectual Property Statues and Regulations with Related Materials, 2012-present.
  • Contributing Author & Co-Editor, BLG’s Intellectual Property Weekly Abstracts Bulletin.
  • Contributing Author, Life Sciences & Chemical Patent Practice in Canada: A Practical Guide, 3rd edition, Borden Ladner Gervais LLP, 2011, available free of charge at www.blgbooks.com.
  • Author, "What CETA Means for Innovators with Canadian Patents," BIO Buzz, June 21, 2017.
  • Co-Author, "Commercial Value and Patent Validity," Business of Innovation; Intellectual Property Transactions and Strategies in the New Economy, 2016, M. Kratz and K. Laroche, ed.
  • Co-Author, "Court Guidance Needed Under Sound Prediction Doctrine", Drug Development & Outsourcing Guide 2015, Contact Canada.
  • Co-Author, "Sound Prediction in Canada: The Promise is Still Important," Drug Development & Outsourcing Guide 2014, Contact Canada.
  • Co-Author, “Supreme Court Issues Decision Discussing Test for Sufficiency of Disclosure in a Patent,” US and Canada Drug Development Guide and Canadian Biotechnology, January 2013.
  • Co-Author “Invalidated Patents: Changes to case law creates uncertainty for biotechs. Just how sound do a patent’s predictions need to be?” Bio Business, May/June 2012.
  • Co-Author, “Patentability of Diagnostic Methods in the wake of Amazon.com,” Drug Development & Outsourcing Industry Guide 2012.
  • Author, “Supreme Court Dismisses Appeal But Sets Out Disclosure Tests for ATI Requests,” Canadian Privacy Law Review, March 2012.
  • Co-Author, “Canada Regulatory Regimes; Tips on Regulatory Issues,” Managing Intellectual Property, October 2011.
  • Co-Author & Co-Presenter, “Clinical Trials and their Presence in Patent Cases,” Insights Clinical Trials in Canada, April 2011.
  • Panellist, “A Product's Lifecycle from Innovation to Commercialization: The Patented Medicines (Notice of Compliance) Regulations, the Patent Act and Data Protection,” Life Sciences BC, March 2011.
  • Co-Author, “Fitting Biologic Products into the Data Protection and Notice of Compliance Regulatory Schemes,” Canadian Biotechnology Industry Guide 2011, January 2011.
  • Co-Author, “The Canadian Biotechnology Public Policy Agenda,” Biotechnology Focus, September 2011.
  • Co-Author, “Sufficiency of Disclosure and Sound Prediction Requirements in Canada,” IPO Committee Newsletter, August 2011.
  • Co-Author, “The Canadian Patent Register: Your Shield Against Premature Generic Competition,” Pharma & BioPharma Industry Guide, January 2011 .
  • Panellist, “Exploiting New Opportunities in Biologics and Subsequent Entry Biologics: A Brief Discussion of Legal Issues Surrounding the Guidance Document Regarding Subsequent Entry Biologics,” 9th Annual Forum on Pharma Patents, November 2010.
  • Co-Author, “Disclosure Requirements Increased,” Managing Intellectual Property, October 2010.
  • Co-Author, “Update on Intellectual Property Protection for Biotechnology in Canada,” BIOTECanada Insights, Fall 2010.

Beverley occasionally blogs on the “BLG Not-for-Profit and Charity Law in Canada Blog”. This Blog is intended to be of value to anyone in Canada who has any involvement with Not-For-Profit Organizations or Charities.