Emily Kettel is an intellectual property litigator and registered Canadian trademark agent with more than ten years of experience in patent validity, infringement, trademark litigation, and intellectual property advisory work for clients in the pharmaceutical, biotechnology, and other science-based industries. 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 in a cost-effective way: 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 has significant experience in complex, multi-party patent matters involving concurrent litigation in Canada and the U.S. She also has experience in trademark prosecution and advises clients on trademark 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 is a member of the Advocates Society and the Intellectual Property Institute of Canada and is active on the IPIC Patent Committee and Women’s Intellectual Property Networking Group (WING), chairing an annual women’s networking event. Emily has presented to groups on many topics related to intellectual property litigation, including the PM(NOC) Regulations, best practices in discovery and costs awards in the Federal Court. Emily received her Bachelor of Science (Engineering) at the University of Guelph and her Juris Doctor at the University of Toronto Faculty of Law, where she received the Cressy Student Leadership Award and the Judy LaMarsh Prize.
Bennett Jones