Melissa A. Binns Partner


Speaks:  English

Year of Call: 2007 - Ontario

Primary phone: +1 905-540-3241

Fax: +1 905-523-2946

Email: melissa.binns@gowlingwlg.com

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Primary office:  Hamilton



Melissa A. Binns

Melissa Binns is a partner in the Hamilton office of Gowling WLG, practising in the Intellectual Property department.

Melissa practises in the areas of patent and trademark litigation and pharmaceutical regulatory law, as well as copyright litigation and licensing. Her litigation and enforcement experience spans a broad range of subject matter, including biotechnology, pharmaceutical and related processes, apparel, computer software and information technology, domain names, branding, and famous trademarks. Melissa has appeared as trial, application, and motion counsel in intellectual property litigation proceedings before the Federal Court, and acts for a wide range of Canadian and foreign clients including leading pharmaceutical and biotechnology companies.

Melissa is also a registered trademark agent and regularly provides advice to Canadian and international clients regarding the protection and enforcement of trademark rights in Canada, including trademark opposition and expungement proceedings, trademark infringement, trademark litigation, and anti-counterfeiting matters.

In addition to courtroom experience, Melissa regularly represents and advises clients on pharmaceutical regulations, biologics, life cycle issues, listing on the patent register, data protection, settlement negotiations and patent litigation, including patent infringement actions, patent impeachment actions and proceedings under the Patented Medicine (Notice of Compliance) Regulations and Patented Medicine Prices Review Board.

Melissa is also an active member of BIOTECanada's Subsequent Entry Biologics Task Force and is a leader in Gowlings' biologics and biosimilars practice area.

Prior to studying law, Melissa was a cancer researcher and teaching assistant at the Kingston General Hospital and Queen's University working in the areas of molecular biology and microbiology.

Career & Recognition

Filter timeline:
  • 2007

    • Qualifications (Year of Call/Admission, etc.)
      2007
      Year of Call, Ontario
  • 2006

    • Education
      2006
      Queen's University, LLB
  • 2001

    • Education
      2001
      Queen's University, BSc (Hons.), Life Sciences
    • Rankings & Awards
      David Sabbath Prize in Advanced Intellectual Property

Memberships

  • Canadian Bar Association
  • Law Society of Upper Canada

Featured news

  • Takeda Canada Inc. v. Canada (Attorney General), 2013 FCA 13; aff'g 2011 FC 1444; counsel for Takeda Canada Inc. in a data protection listing application for listing Dexilant® on the Innovative Drug Register; leave to appeal to SCC pending (SCC File No. 35276).
  • adidas AG v. Bata Brands S.a.r.L. et al (Fed Ct. T-2011-11): trademark infringement case involving adidas' famous 3-stripe mark (counsel for adidas)
  • Apotex Inc. v. Abbott Laboratories, Limited et al (Ont. Ct. CV-09-391938): generic section 8 damages and patent infringement case involving pharmaceutical compositions (counsel for Takeda)
  • Abbott Laboratories, Limited et al v. Mylan Pharmaceuticals ULC (Fed Ct. T-1451-11): patent litigation under the PMNOC Regulations relating to oral-dispersible pharmaceutical tablets (counsel for Takeda)
  • Mövenpick Holding AG v. Exxon Mobil Corporation, 2013 FCA 6 aff'g 2012 FC 479; trademark litigation involving the mark MARCHÉ EXPRESS (counsel for Exxon Mobil Corporation).
  • Counsel for Bayer BioScience N.V. in multi-party actions to determine who was entitled to a patent on an invention on some of the earliest plant genetic engineering work, in relation to one of the last patent conflicts in Canada since Canada changed to a first to file system.
  • Novopharm Inc. v. Eli Lilly and Company 2011 FCA 220;aff'g 2010 FC 915, supplemental reasons at 2010 FC 1154; leave to appeal to SCC refused December 8, 2011 SCC 34396; counsel for Eli Lilly and Company in a patent validity action for the medicine Strattera® for ADHD.
  • Eli Lilly Canada Inc. v. Apotex 2010 FC 1065; counsel for Eli Lilly Canada Inc., in PM(NOC) litigation for the medicine Strattera® for ADHD.
  • INO Therapeutics LLC et al. v. Vitalaire Canada Inc. (Fed. Ct. T-102-08): patent case involving use of nitric oxide as vasodilator (counsel for INO Therapeutics)
  • Counsel for Takeda Pharmaceutical Company in proceedings under the PM(NOC) Regulations involving PREVACID®. (Fed. Ct. File Nos. T-585-06, T-724-06, T-738-06, T-1953-06).
  • Raymor Industries Inc. et al. v. National Research Council of Canada et al. (Fed. Ct. T-1856-06): patent case involving plasma torches for synthesizing single-walled carbon nanotubes (counsel for National Research Council)