Will Boyer

Partner

Head of IP Litigation & Strategy (Canada)

Ottawa

Year of Call, Ontario (2013)

william.boyer@gowlingwlg.com

+1 613-786-0159

Areas of focus

Bio

Will Boyer is the leader of Gowling WLG’s Intellectual Property Litigation and Strategy Group in Canada. This Group is ranked by Chambers as Band 1 for Intellectual Propety: Litigation. As part of this leadership role, Will looks for opportunities to grow the Group’s practice and also ensures that the Group stays up-to-date with relevant developments.

Will’s day-to-day practice is in IP litigation, with a focus on pharmaceutical and biotechnology patent litigation under Canada’s Patented Medicines (Notice of Compliance) Regulations. As illustrated in his Representative Work below, Will regularly represents brand pharmaceutical and biotechnology companies in high-stakes patent litigation, including in relation to EYLEA®, XARELTO®, HEMGENIX® STIVARGA®, ADEMPAS®, ICLUSIG®, among others. Will has represented clients in these cases in trials, appeals and administrative judicial review proceedings before the Federal Court and Federal Court of Appeal.

Will’s litigation expertise in this space includes patent-related Competition Act claims against brand pharmaceutical companies. For example, Will was counsel to the respondents in the first two Competition Act applications under the new expanded “abuse of dominance” provisions that allow private parties to commence such proceedings (Apotex v Takeda – CT-2023-007; JAMP v Janssen – CT-2024-006).

Will also assists clients with pharmaceutical regulatory issues, such as data protection, pricing for patented medicines, listing of patents on Health Canada's Patent Register, and obtaining certificates of supplementary protection.

In addition to Will’s pharmaceutical and biotechnology IP related expertise, Will has experience in enforcement and litigation regarding other types of patents as well as trademarks, copyright and trade secrets. Over the course of his career, Will has worked with a wide variety of clients, from large international companies to small and medium-sized companies across industries, including oil-and-gas, computer hardware and software, and sports equipment.

As a registered patent agent, Will relies on his understanding of the patent practice for strategic advantages in patent litigation cases.

Will credits his success in his legal career to working with a strong team at Gowling WLG.

Bio

As a registered patent agent, Will relies on his understanding of the patent practice for strategic advantages in patent litigation cases.

Will credits his success in his legal career to working with a strong team at Gowling WLG.

Experience

Representative Work

Regeneron & Bayer v BCIL / Amgen / Celltrion / Apotex/ Samsung / Sandoz (over 20 Federal Court File Nos): Patent litigation under the PM(NOC) Regulations relating to Regeneron and Bayer's blockbuster biologic product EYLEA® (aflibercept) (counsel for Regeneron and Bayer).
Bayer v Natco (T-296-24 and T-297-24): Patent Litigation under the PM(NOC) Regulations relating to Bayer's STIVARGA® (regorafenib) product, an oral anticancer medicine (counsel for Bayer).
Takeda v Apotex (T-3401-24): Patent Litigation under the PM(NOC) Regulations relating to Takeda’s ICLUSIG® (ponatinib) product, multi-targeted tyrosine-kinase inhibitor used to treat CML and Ph+ ALL (counsel for Takeda).
JAMP v Janssen (Competition Tribunal File No. CT-2024-006) : Application by JAMP to the Competition Tribunal alleging abuse of dominace under s.79 of the Competition Act in relation to Janssen’s biologic STELERA® (ustekinumab) product. This application was the second such application to the Competition Tribunal by a private party (counsel for Janssen).
Apotex v Takeda (Competition Tribunal File No. CT-2023-007) : Application by Apotex to the Competition Tribunal alleging abuse of dominace under s.79 of the Competition Act in relation to Takeda’s ICLUSIG® (ponatinib) product. This application was the first such application to the Competition Tribunal by a private party (counsel for Takeda).
Bayer v Teva / Apotex / Taro / Sandoz / Dr. Reddy / Pharmascience / Accord / Jamp / Mint (T-1960-18 / T-2093-18 / T-435-19 / T-806-19 / T-1187-19 / T-1221-19 / T-270-20 / T-591-20 / T-605-20): Patent litigation under the PM(NOC) Regulations relating to Bayer's blockbuster product XARELTO® (rivaroxaban) (counsel for Bayer). These proceedings included precedent setting decisions on inter partes testing in patent litigation (counsel for Bayer).
Bayer v Sandoz (T-1869-21): Patent Litigation under the PM(NOC) Regulations relating to Bayer's ADEMPAS® (riociguat) for treatment of pulmonary hypertension (counsel for Bayer).
Pfizer v uniQure (T-2118-22): Patent impeachment action relating to patents covering uniQure’s novel gene therapy HEMGENIX® for treatment of hemophilia B (counsel for uniQure).
Environmental Safety Ltd v NEXE Innovations (T-2505-22): Patent litigation relating to disposable coffee pods (counsel for NEXE).
Vac Safe Solutions v Faultless Solutions (T-1957-22): Patent litigation relating to industrial dig tubes (counsel for Faultless).
Ideal Products v Integrity Products and Supplies (T-1730-21): Patent litigation relating to products to protect against corrosion under insulation for industrial piping (counsel for Integrity Products).
The Noco Company v Shenzhen Yike Electronics (T-484-21): Patent litigation relating to vehicle jump start products (counsel for several defendants).
Molo Design v Chanel (T-379-21): Patent litigation relating to aesthetic elements in Chanel's boutique displays (counsel for Chanel).
Cosentino v Cambria (T-1422-20): Patent litigation relating to processes for making quartz slabs (counsel for Cosentino).
Baker Hughes v Packers Plus (T-1494-17): Patent litigation in the oil-and-gas industry relating to downhole tools (counsel for Packers Plus).
Seedlings v Pfizer (T-608-17): Patent litigation regarding the EpiPen® (counsel for Seedlings).
Apotex v Takeda (T-2159-16): Generic section 8 damages relating to nasal sprays containing the corticosteroid ciclesonide (counsel for Takeda).
002152706 Ontario Limited v Changer & Dresser (T-1202-16; T-1817-16; T-568-17): Patent litigation involving cap changers for welding operations (counsel for Changer & Dresser).
Stryker v Umano Medical (T-191-16): Patent litigation relating to a siderail support for use with a patient support apparatus, eg. a hospital bed (counsel for Stryker). This proceeding included a successful defense of a motion to strike (2016 FC 378).
Actton Super-Save Gas Stations v Broadfence (T-1284-16): Trademark litigation regarding the application of the colour blue to fences (counsel for Broadfence).
Louis Garneau Sports v SS Lacasse (T-965-16): Patent litigation involving cycling seat pads (counsel for SS Lacasse).
Walter Surface Technologies v Pearlman Industries (T-811-16): Patent litigation involving grinding wheels (counsel for Pearlman).
Rapid Completions v Baker Hughes Canada (T-1569-15): Patent litigation in the oil-and-gas industry relating to a method for using downhole tools to hydraulically fracture a formation (counsel for Rapid Completions and Packers Plus).
Horizon Pharma v Canada (Health) (T-823-15): Judicial review application relating to data protection for a drug for treating urea cycle disorders (counsel for Horizon). This proceeding included a successful motion for a rare interlocutory stay from the Federal Court (2015 FC 744).
Canadian Auto Preservation v The Auto Saver System (T-350-15): Patent litigation involving anti-corrosion methods for metal objects, eg. a car (counsel to Auto Saver and LAR).
Siemens Product Lifecycle Management Software v John Doe (T-937-14): Copyright litigation matter involving computer aided drafting software (counsel for Siemens). This proceeding also led to separate but related proceedings in the Federal Court (T-915-16 and T-20-16).
Takeda v Mylan (T-1161-13): Patent litigation under the PMNOC Regulations relating to hydrate forms of proton pump inhibitors (counsel for Takeda).
Takeda v Apotex (T-772-13): Patent litigation under the PMNOC Regulations relating to nasal sprays containing the corticosteroid ciclesonide (counsel for Takeda).
ABB v Hyundai Heavy Industries (T-735-11, A-379-13): Patent litigation involving gas-insulated switchgear assemblies (counsel for ABB).
Gilead v Idenix (T-1156-12): Patent litigation relating to a revolutionary drug for the treatment of the Hepatitis C virus (counsel for Idenix).
Seewind v Accenture Business Services For Utilities (Ont. Ct. 11-50541): Trade secret case involving business processes for collection of accounts receivable (counsel for SeeWind).
Bayer v Cobalt (T-1044-11): Patent litigation under the PMNOC Regulations relating to oral contraceptive pharmaceutical (counsel for Bayer).

Will Boyer

Partner

Bio

Bio

Experience

Experience

Representative Work

Qualifications

Qualifications

Career

Education

Languages Spoken

Stay connected

Will Boyer

Partner

Bio

Bio

Experience

Experience

Representative Work

Qualifications

Qualifications

Career

Education

Languages Spoken

Subscribe for updates

Stay connected