 Bennett Jones Dominique T. HusseyChief Executive Officer • Co-Head of Innovation, Technology & Branding Practice Toronto husseyd@bennettjones.com Education McGill University, BSc, 1997 McGill University, LLB, 1997 Columbia University (USA), LLM, 2002 Bar Admissions Ontario, 1999 New York State, 2003 Eastern District and Southern District of New York, 2004 Court of Appeals for the Federal Circuit, 2004 Overview Dominique is the Chief Executive Officer of Bennett Jones. As CEO, Dominique is responsible for the executive management and operation of the firm. She is a member of the Board of Directors of the Bennett Jones partnership, on which she served as Lead Director for four years before being named Vice-Chair and Toronto Managing Partner, the role that she held prior to her appointment as CEO. Dominique also leads the firm's Intellectual Property Litigation group and is co-head of its Innovation, Technology and Branding group. She was named Outstanding Practitioner in Patent Law by Managing IP in their Americas Awards in 2020 and was a finalist for the 2021 Canadian Patent Litigator of the Year in LMG Life Sciences Awards North America. For the last eight years, Managing IP has named her in the Top 250 Women in IP in the world. In 2021, Dominique received the inaugural Chambers Canada Law Firm Leaders Award for her work as Managing Partner. Dominique's practice involves all aspects of IP litigation and dispute resolution (patent, trademark, copyright, contracts, and trade secrets), with particular emphasis on litigation involving pharma/biotech and energy-related patents and trademarks. She counsels on trademark, patent, copyright, trade secret, advertising, marketing, packaging, labelling and regulatory matters—most often pertaining to pharmaceuticals, biologics, legal cannabis, food and beverages, medical devices, and natural health products. Dominique is depended on to structure and negotiate complex strategic settlements and arrangements, with an eye to positive business and litigation outcomes. She also offers her experience to assist clients in navigating the IP aspects of corporate acquisition, re-organization, and joint ventures, including—with respect to the life sciences and health care industries—the regulatory aspects. Before joining Bennett Jones, Dominique worked at a large law firm in New York, representing life sciences and consumer products companies in the areas of patents, trade secrets and false advertising, with a particular focus on pharmaceutical patent litigation and regulatory advice. Dominique regularly writes, speaks, and teaches on the topics of written and oral advocacy, litigation, intellectual property, and leadership. Dominique is immediate past President of The Advocates’ Society, an organization that represents more than 5000 litigators across Canada and for which she served on the board for eight years. She currently serves on the boards of the non-profit organizations of the BlackNorth Initiative and the Stratford Festival. For more than a decade, she served as an adjunct faculty member at the University of Toronto Law School, teaching for the Harold G. Fox Intellectual Property Competitive Moot Program. Selected Advisory Work • Life Sciences and Energy: Advise on, assert, enforce and defend against enforcement of patents primarily in the biotech, pharmaceutical, oil and gas and mechanical fields. • Pharmaceutical Companies: Involved in the litigation, launch or patent advice pertaining to more than 80 pharmaceutical products. Navigate regulatory and patent issues, advise on interactions with Health Canada. Successfully negotiate and structure numerous strategic settlements in the course of litigation on behalf of pharmaceutical companies. Advise at the point of intersection of intellectual property rights with competition law. • Trademark and Branding: Prosecute, manage, advise on and enforce a broad range of high-value trademark portfolios. • Regulatory Advice: Navigate pharma, food, natural health products, cosmetics, cannabis and medical device clients through classifications, approvals, licences, labelling, packaging and other requirements under, and compliance with: the Food and Drugs Act; the Cannabis Act and the Regulations, the Food and Drugs Regulations; the Natural Health Products Regulations; the Cosmetic Products Regulations; and the Medical Devices Regulations. • Regulatory Representation: Respond to and appeal decisions of Health Canada pertaining to the administration of regulations under the Food and Drugs Act. Assist consumer, cannabis, medical device and pharmaceutical companies in responding ton consumer complaints, drafting "dear customer/pharmacist/doctor” letters and in advisories, warnings and recalls.
Selected Deals • Field Trip Health Ltd., in the spin-out of its drug development and medical clinics businesses into two independent public companies, Reunion Neuroscience and Field Trip Health & Wellness, by plan of arrangement. The spin-out transaction was supported by a private placement financing led by Oasis Management Company. • Ronin Equity Partners in the simultaneous acquisitions of QBD and Minus Forty, two leading North American manufacturers of commercial refrigeration equipment, both located in Toronto. • Acquisition of IBI Group Inc. by Arcadis NV for $873 million via a plan of arrangement. • Lee Equity Partners and Twin Point Capital in the acquisition of Alliance Corporation, a distributor of wireless equipment throughout North America, headquartered in Ontario. • IBI Group Inc., in connection with its bought deal prospectus offering and concurrent private placement of $46,000,000 aggregate principal amount of 6.50% senior unsecured debentures. • Pyxus International, in the Canadian aspects of its US$1.2-billion recapitalization under Chapter 11 and infusion of US$400 million of fresh capital. • The Watermill Group, in its acquisition of Weston Forest Products Inc., a leading distributor and remanufacturer of softwood and hardwood lumber and specialty panel products across North America. • Precision Castparts Corp., in its agreed acquisition of the business of Noranco from MidOcean Partners and PSP Investments for US$560 million, subject to customary adjustments • A syndicate of underwriters led by Salman Partners Inc., in an $8.675-million bought deal offering of common shares of Slyce Inc. • Teva Pharmaceutical Ltd., as Canadian intellectual property counsel, in its acquisition of ratiopharm Group for approximately $4.85 billion (€3.625 billion). • Research In Motion Limited, in its $200-million acquisition of QNX Software Systems from Harman International Industries, Incorporated. • Research In Motion Limited, in its $150-million acquisition of Certicom Corp.
Selected Litigation • 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. • Amgen Inc. and Amgen Canada Inc., lead counsel in the first ever patent infringement/patent validity trial and appeal under the new Patented Medicines (Notice of Compliance) Regulations. • Amgen Inc. and Amgen Canada Inc., on a motion to dismiss a patent infringement action before the Federal Court of Canada, and on the appeal of that motion before the Federal or Appeal. • Canadian Natural Resources Ltd (CNRL), in a patent infringement/patent validity lawsuit by Maoz Betser-Zilevitch. • American book distributor in successful defence of claims alleging various intellectual property infringements [Miguna v Walmart Canada et al., upheld on appeal: 2016 ONCA 174]. • Marc Anthony Cosmetics, Inc., in a trademark and trade dress infringement, passing off and unfair competition Federal Court action launched by Moroccanoil (T-1684-13). • Auro Pharma, in patent litigation proceedings commenced by GlaxoSmithKline (T-1766-13). • Bondholders in Nortel Networks dispute – representing bondholders with claims in excess of U.S. $4 billion in proceedings pursuant to the Companies' Creditors Arrangement Act (CCAA) on issue of allocation of IP rights. • TELUS Inc., in four proceedings regarding its suite of trademark rights in OPTIK, OPTIK TV and associate designs (Shaw Telecommunications Inc. v. TELUS Corporation 2015 TMOB 174; 2015 TMOB 173; 2015 TMOB 175; 2015 TMOB 176). • Teva Canada, in invalidating one of two patents in Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited 2013 FC 283 (the other patent was a compound patent, with an argument based on chemical structural invalidity, which at the time, had only succeeded once in the United States, never before in Canada and never before in the U.K.). • Research In Motion Limited (RIM), in successfully defeating an application for damages and an injunction relating to RIM's use of BBM in association with its BlackBerry Messenger service. BBM Canada claimed trade-mark infringement, passing off and depreciation of goodwill against RIM. All claims against RIM were dismissed, with costs awarded to RIM. BBM Canada v. Research In Motion Limited, 2012 FC 666. • Argued motion and appeal of motion to strike notice of application. Pfizer Canada Inc. v. Genpharm ULC Date: March 29, 2011, Docket T-1118-09 (Heneghan J.). • Teva Canada, in a structural obviousness case (Ezetimibe) Merck-Frosst Schering Pharma GP v. Canada (Health) 2010 FC 933 (with an aggressive chemical structural invalidity obviousness position which, at the time, had not succeeded anywhere in the world); succeeded on all pre-hearing notions. • Novopharm Limited, in successfully resisting an application for judicial review of actions taken by the Minister of Health. Novopharm retained regulatory approval to sell drug in Canada. Ferring Inc. v. Canada (Health) 2007 FC 300. • Motion successfully resisting increased costs and other directions adverse to client. G.D. Searle & Co v. Novopharm Limited 2007 FCA 256 (July 12, 2007). • Teva Canada, on novel argument for patent invalidation on behalf of respondent G.D Searle & Co. v. Novopharm Limited 2007 FC 81 Date (January 24, 2007); overturned on factual grounds in 2007 FCA 173, but novel ground remained intact until overturned in a subsequent, unrelated case. • Application involving patent infringement and invalidity on behalf of respondent culminating in discontinuance in Boehringer Ingelheim (Canada) Ltd. v. Novopharm Limited Court File No. T-196-05 (September 25, 2006). • Defeating technology licensee on behalf of licensor, ProMetic BioSciences, Inc., in connection with the CCAA restructuring of Hemosol Corp. in complex proceedings before the Superior Court of Justice in the Matter of a Plan of Compromise or Arrangement of Hemosol Corp. and Hemosol LP, Court file No. 04-CL-6453 (Reasons for Judgment September 5, 2006). • Securing reversal of summary judgment on the issue of invalidity and infringement with respect to several patent claims in Warner-Lambert Co. v. Teva Pharmaceuticals USA, Inc. 418 F.3d 1326 (Fed. Cir. 2005). • Defending patent registration on behalf of Tropicana Products before the Board of Patent Appeals and Interferences (Appeal No. 2005-1891, 90/006,150 (November 21, 2005)). • Securing order vacating summary judgment to plaintiff as to infringement of several patent claims and denying renewed motion for summary judgment of infringement in Warner-Lambert Co. v. Teva Pharmaceuticals USA, Inc. No. 99-922 (DRD), 01-4995(DRD) (January 31, 2006). • Resisting lifting of stay on litigation and resisted discovery on wilful infringement in Schwarz Pharma AG v. Teva Pharmaceuticals USA, Inc. Defendant. No. 99-922 (DRD), 01-4995 (DNJ March 31, 2005). • Multiple motions to compel discovery before magistrate judge in Schwarz Pharma AG v. Teva Pharmaceuticals USA, Inc. Defendant. No. 99-922 (DRD) (DNJ 2005). • Trade secret case involving a pharmaceutical formulation on behalf of defendant leading to stipulation of dismissal in Lek Pharmaceuticals D.D. v. Teva Pharmaceuticals, Inc. (Civil Action No. 02-3797 (JCL) (D.N.J. July 20, 2004). • Summary judgment for Tropicana Products five days before jury trial was scheduled to begin in a patent infringement case in Tropicana Products Inc. v. Land O' Lakes, Inc. Civil Action No. 02-338 JJF (October 7, 2003 D.Del.). |