Emily P. Kettel

Emily thrives at the intersection of creativity and commercial insight. She tackles challenges by working closely with clients to define their core goals and designing tailored litigation and regulatory strategies to deliver meaningful results on time and on point.

Emily has led landmark patent disputes including Canada’s first patent validity trial under the Patented Medicines (Notice of Compliance) Regulations in 2020 and its subsequent appeal and damages action and multiple actions regarding biosimilar biologic drugs. Her arguments in Alexion v Amgen regarding the use of documents to be incorporated by reference clarified the law of anticipation in Canada. She also represented Amgen in seven Federal Court and two Federal Court of Appeal proceedings regarding its aflibercept biosimilar. Emily works with clients to develop market-entry strategies for both small-molecule generics and biosimilars, and defensive strategies for innovators and patentees. She handles complex multi-party patent litigation spanning Canada and the US. Emily also supports clients in trademark prosecution strategy and navigating multi-front regulatory landscapes—from the Food and Drugs Act to Medical Devices Regulations delivering integrated counsel across IP litigation and advisory mandates.

Deeply embedded in the IP community, Emily serves as The Advocates’ Society representative on the Federal Court IP Users Committee, chairs IPIC’s Women’s Intellectual Property Networking Group (WING), and sits on The Advocates’ Mid-Career Advocates Committee where she sits on the TAS Education Committee. Emily coaches the University of Henry N.R. Jackman Faculty of Law Harold G. Fox Intellectual Property Moot team.