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Emily P. Kettel

Partner, Trademark Agent

Partner, Trademark Agent | Email

T: 416.777.4893

Email

Toronto

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T: 416.777.4893


Email

Toronto

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Emily Kettel is an experienced intellectual property litigator and registered Canadian trademark agent with more than fifteen years of experience in patent validity, infringement, trademark litigation, and intellectual property advisory work for clients in the pharmaceutical, biotechnology, mining, oil and gas, and other science-based industries. She approaches problems in a creative and commercially-minded manner, working with clients to understand their ultimate objectives and craft strategies based on those objectives. Emily works with patentees, licensees and patent challengers, and she has significant experience in complex, multi-party patent matters involving concurrent litigation in Canada and the U.S., including advising on trademark prosecution and strategy.

Emily was counsel on the first patent validity trial in the amended Patented Medicines (Notice of Compliance) Regulations in 2020 in the Federal Court and its subsequent appeal and is counsel on a related appeal and damages suit, and has advised on strategy and prepared many Notices of Allegation and acted on subsequent litigation, and for both small-molecule generic drugs and biosimilar products. Emily has extensive knowledge of Canadian drug markets, including generic and biosimilar entry mechanisms and pricing considerations. Emily works with Canadian and international clients to achieve their business objectives: she advises on patent and trademark litigation strategy, provides advice regarding the Food and Drugs Act, Medical Devices Regulations and Food and Drugs Regulations, negotiates pre-litigation market entry for pharmaceutical products, drafts and responds to notice letters for biosimilar and generic pharmaceutical entrants, advises on pharmaceutical pricing considerations, and related regulatory matters.

Emily is The Advocates Society (TAS) representative on the Federal Court IP Users Committee. She is active on the IPIC Litigation Committee and Women’s Intellectual Property Networking Group (WING), chairing an annual women’s networking event. Emily also sits on the Advocates Society Mid-Career Advocates Committee, chairing the Mentorship Working Group and sitting on the TAS Education Committee. Emily has presented on many topics related to intellectual property litigation, including the PM(NOC) Regulations. Emily is an adjunct mooting advisor at the University of Toronto Faculty of Law, coaching the school’s Harold G. Fox Intellectual Property Moot team. She also sits on a local not-for-profit board of directors.

 

Education

University of Guelph, BSc (Eng), 2005, with distinction  University of Toronto, JD, 2008 

Bar Admissions

Ontario, 2009

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Amgen Canada in patent litigation initiated by plaintiffs Bayer and Regeneron Pharmaceuticals
Amgen Canada in patent litigation initiated by plaintiffs Alexion Pharmaceuticals and Alexion Pharma International Operations
Globaltech Corporation Pty Ltd. in its defence of an action commenced by Reflex Instrument North America Limited to impeach Globaltech's Canadian patent
Globaltech Corporation Pty Ltd. in its patent infringement action against Reflex Instrument North America Limited and Imdex Limited
Boart Longyear Canada entities in litigation before the Federal Court on three patents relating to core orientation devices used in exploration mining
Amgen Inc. and Amgen Canada Inc., in the first ever patent infringement/patent validity trial and appeal under the new Patented Medicines (Notice of Compliance) Regulations
Auro Pharma, in navigating the Patent Act and Patented Medicines (Notice of Compliance) Regulations to get drugs to market
Canadian Natural Resources Ltd (CNRL), in a patent infringement/patent validity lawsuit by Maoz Betser-Zilevitch
Kensington Capital Partners and Kensington Private Equity Fund in the $35-million acquisition and related financing through its portfolio company, Clearpoint Health Network Inc., of the surgical and medical centres business of Centric Health Corporation, a TSX listed company, and subsequent reorganization of Clearpoint . [Kensington Capital Advisors Inc. is a leading independent investor in alternative assets with over $1.5 billion invested in private equity and alternative assets.]
Marc Anthony Cosmetics, Inc., in a trademark and trade dress infringement, passing off and unfair competition Federal Court action launched by Moroccanoil
Locke v Osler, Hoskin & Harcourt LLP, 2011 FC 1390
Auro Pharma, in patent litigation proceedings commenced by GlaxoSmithKline. Court File No. T-1766-13
Teva Canada, respondent drug manufacturer, in applications by a competitor to prohibit the Minister of Health from issuing a Notice of Compliance to Teva for the drug moxifloxacin. Court File Nos. T-1414-13 and T-1415-13
A biologics manufacturer in advice regarding biosimilar regulatory and patent barriers, and preparation of Notices of Allegation
A pharmaceutical company in applications by a competitor to prohibit the Minister of Health from issuing a Notice of Compliance

Recent Recognition

Chambers Canada
Ranked, Intellectual Property: Litigation
IAM Patent 1000
Bronze – Individuals: Litigation
Managing IP: IP Stars
Recognized as a Rising Star – Canada

Insights, News & Events

Blog

Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

January 24, 2025
       

Blog

Clearing the Deadwood: Inactive Trademarks at Risk as Section 45 Pilot Project Announced

December 16, 2024
       

Announcements

Bennett Jones Top Ranked in Chambers Canada 2025

September 26, 2024
       

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