Nikolas Purcell Associate


Speaks:  English

Year of Call: 2014 - Ontario

Primary phone: +1 403-298-1032

Fax: +1 403-263-9193

Email: nik.purcell@gowlingwlg.com

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Primary office:  Calgary

Secondary office:  Toronto



Nikolas Purcell

Nikolas Purcell is an experienced intellectual property litigator with a particular focus on patent disputes.

Over the course of his career, Nik has advised and represented clients in disputes involving all forms of intellectual property (patents, trademarks, copyright, industrial designs). He regularly appears as counsel in the Federal Court and Federal Court of Appeal, including as trial and appellate counsel.

Nik is particularly experienced in patent disputes. He has represented and advised a wide range of clients, from small, inventor-operated businesses, through to large multi-national companies involved in complex patent proceedings. Through this work, Nik has gained experience in a diverse range of subject-matters, including pharmaceuticals, medical devices, oil and gas drilling equipment, agrochemicals, software, and a variety of consumer products (hoses, toys, playground equipment, for example).

Leveraging his background as a pharmacist, Nik spent several years focusing on patent disputes under the Patented Medicines (Notice of Compliance) Regulations. These complex disputes were often part of parallel proceedings across multiple jurisdictions, and as such, he has significant experience working with internal and external counsel in the coordination of proceedings in several jurisdictions.

Beyond litigation, Nik provides strategic advice on intellectual property issues, including freedom to operate and patentability opinions. He also draws on his education and experience as a pharmacist to provide informed advice on regulated health products and services, such as those subject to the Food and Drugs Act (and Regulations), Medical Devices Regulations, and provincial legislation governing regulated health professionals.

Nik has written on topics relating to intellectual property and legal issues affecting the life sciences, and is currently the author of the “Pharmaceuticals” chapter in the frequently cited text, Intellectual Property Disputes: Resolutions and Remedies (Carswell).

Nik is a licenced pharmacist in British Columbia and practiced pharmacy before studying law. He obtained his BSc (Pharmacy) and JD from the University of British Columbia in 2010 and 2013, respectively, and was called to the Ontario Bar in 2014.

Prior to joining Gowling WLG, Nik practiced at two prominent intellectual property litigation boutique firms in Toronto.

Career & Recognition

Filter timeline:
  • 2022

    • Rankings & Awards
       2022
      Legal 500 (Intellectual Property)
  • 2021

    • Community
       2021
      Member, Trade Policy Committee, IPIC
  • 2020

    • Community
       2020
      Member, Trade Policy Committee, IPIC
    • Rankings & Awards
       2020
      LMG Life Sciences Awards, Rising Star (Finalist)
  • 2019

    • Community
       2019
      Director, Canadian Association of Professionals in Regulatory Affairs
  • 2018

    • Community
       2018
      Member, Information, Technology, and Intellectual Property Executive Committee
    • Community
       2018
      Director, Canadian Association of Professionals in Regulatory Affairs
  • 2017

    • Community
       2017
      Director, Canadian Association of Professionals in Regulatory Affairs
    • Community
       2017
      Member, Information, Technology, and Intellectual Property Executive Committee
  • 2016

    • Community
       2016
      Member, Information, Technology, and Intellectual Property Executive Committee
  • 2014

    • Qualifications (Year of Call/Admission, etc.)
       2014
      Year of Call, Ontario
  • 2013

    • Education
       2013
      University of British Columbia, JD
  • 2010

    • Education
       2010
      University of British Columbia, BSc (Pharmacy)

Memberships

  • Law Society of Ontario
  • College of Pharmacists of British Columbia
  • Intellectual Property Institute of Canada
  • Advocates’ Society
  • Toronto Intellectual Property Group

Publications: 

“Pharmaceuticals” chapter in Intellectual Property Disputes: Resolutions and Remedies, Carswell, 2020-present  

“Canada Expands Protection of Individual Rights with New Legislation on Genetic Testing and Privacy,” Risk Management in Canadian Health Care, June 2017

“Changes to Pharmaceutical/Biopharmaceutical Patent Litigation in Canada,” DLA Piper Newsletter, May 2017

“Canada Expands Protection of Individual Rights with New Legislation on Genetic Testing and Privacy,” DLA Piper Newsletter, April 2017

“CETA Implementation in Canada - Implications of Bill C-30 on the Pharmaceutical Industry,” DLA Piper Newsletter, November 2016

“Consumer seeks class action over Viagra patent,” The Lawyers Weekly, May 2016

“Biologics and biosimilars: a legal perspective from Canada,” Pharmaceutical Patent Analyst, February 2016

“Threading the biosimilar needle,” The Lawyers Weekly, February 2016

“Digital Health: An Emerging trend in technology and its legal implications,” Electronic Healthcare Law Review, Vol. 5, No. 1, August 2015

“Branding of Pharmaceuticals and Medical Devices: What you need to know about the latest developments in Canada,” LawyerIssue, July 2015

“High tech burn,” The Lawyers Weekly, April 2015

“Temperature rising around ‘digital health,’” The Lawyers Weekly, November 2014

“The Many Means to An End: Training Methods in Pharmaceutical and Medical IP Law,” Pharmaceutical Patent Analyst, January 2014

“Patents Year in Review,” Law Society of Upper Canada, 2013-2017 (co-author)

Representative Work

Patent litigation

Janssen Inc, et al v Sandoz Inc (T-1268-20): counsel for the Janssen plaintiffs (Johnson & Johnson companies) and Mitsubishi Tanabe Pharma Corp in a patent infringement action under the Patented Medicines (Notice of Compliance) Regulations in respect of the anti-diabetic drug Invokana® (canagliflozin)

Janssen Inc, et al v Apotex Inc (T-124-21): counsel for the Janssen plaintiffs (Johnson & Johnson companies) in a patent infringement action under the Patented Medicines (Notice of Compliance) Regulations in respect of the antipsychotic drug Invega Sustenna® (paliperidone palmitate)

Janssen Inc, et al v Pharmascience Inc (T-1441-20; T-455-20): counsel for the Janssen plaintiffs (Johnson & Johnson companies) in patent infringement actions under the Patented Medicines (Notice of Compliance) Regulations in respect of the antipsychotic drug Invega Sustenna® (paliperidone palmitate)

Janssen Inc, et al v Teva Canada Limited (T-353-18/A-131-20): counsel for the Janssen plaintiffs (Johnson & Johnson companies) in a patent infringement action under the Patented Medicines (Notice of Compliance) Regulations in respect of the antipsychotic drug Invega Sustenna® (paliperidone palmitate)

Dow Agrosciences Canada Inc v Bayer Intellectual Property GmbH (T-150-20): counsel for the defendant Bayer in a patent impeachment action involving a patent to auxin-inhibitor pesticides

Spin Master Ltd v Mattel Canada Inc (T-1231-17): counsel for the plaintiff Spin Master in a patent infringement action involving a patent to a transformable toy

Zeptometrix Corporation v Microbix Biosystems Inc (T-1672-16): counsel to the defendant Microbix in a patent infringement action concerning inactivated viral controls

Atlas IP LLC v St Jude Medical Canada Inc, et al (T-1602-15): counsel to the defendant Boston Scientific in patent infringement action concerning cardiac pacemakers and a patent for wireless communications technology

NOV Downhole Eurasia Limited v TLL Oilfield Consulting Ltd, et al (T-1280-13): counsel to the defendants TLL and Acura Machine in a patent infringement action concerning downhole tool technology (friction reduction tool) for use in drilling oil and gas wells

E. Mishan & Sons Inc, et al v Suptertek Canada Inc (T-1112-13): counsel to the plaintiffs in a patent infringement action concerning a patent for expandable hoses

 

Trademark/Copyright litigation

Edible IP, LLC, et al v VAAV and John Doe (T-96-18): counsel for the plaintiffs in an action for trademark infringement, passing off, industrial design and copyright infringement in respect of the plaintiffs’ “Edible Arrangements” branding

3Genius Corporation v Locationary Inc, et al (CV-14-497239): counsel for the defendants in an action for copyright infringement and breach of fiduciary duty

Canadian Hockey League v Gumbley (T-2176-16): counsel for the Canadian Hockey League in an application for trademark infringement and depreciation of goodwill

Corocord Raumnetz GmbH, et al, Dynamo Industries Inc (T-339-14): counsel for plaintiffs Corocord Raumnetz GmbH and Kompan A/S in an action for copyright infringement and passing off in respect of playground equipment designs