Kevin Siu

Biography

Kevin is an experienced litigator who helps clients in all manner of intellectual property disputes. As an engineer at heart, Kevin believes in finding practical and efficient solutions to problems. Kevin has represented numerous clients in a wide variety of sectors including pharmaceuticals, biologics, oil & gas, telecommunication, software, video gaming, entertainment, consumer products, and construction.

Kevin has substantial trial and appeal experience and has appeared before the Federal Court, Federal Court of Appeal, Ontario Superior Court, the British Columbia Court of Appeal, and the Patent Appeal Board.

In the life sciences sector, Kevin has particular expertise in proceedings under the Patented Medicines (Notice of Compliance) Regulations, acting on behalf of both brand and generic pharmaceutical companies. He has also been counsel in actions for damages and accounting of profits including under s. 8 of the PMNOC Regulations and references for remedies under the Patent Act.

In the technology sector, Kevin has been involved in complex patent disputes, including litigation relating to software patent portfolios and standards-essential patents. Kevin also has expertise in copyright law, in particular on issues relating to software protection and circumvention of technological protection measures relating to video games and media assets.

Kevin’s litigation work is supported by an understanding of business and technology, having gained industry experience at an engineering consulting firm and at a start-up company as a software developer.

Additionally, Kevin is a registered trademark agent and has an active practice in trademark prosecution, assisting clients in obtaining registrations around the world. He also has experience in drafting patents, trademark oppositions, and negotiating intellectual property agreements.

During law school, Kevin was an award-winning mooter. He represented the University of Toronto and won awards at the Oxford International Intellectual Property Moot and the Harold G. Fox Intellectual Property Moot. He also honed his advocacy and leadership skills as President of the University of Toronto Engineering Society.

Kevin is passionate about mentorship and professional development – he led the creation of Gilbert’s Academy, a series of in-house courses for law students and junior lawyers to learn about the nuances of intellectual property law and advocacy. Kevin has also coached several successful law school mooting teams and has served as a guest judge at the Fox Moot.

Kevin has been recognized three times as a “Rising Star” in Canada by Managing Intellectual Property.

When not in the office, Kevin might be found cycling in trails around the city, playing hockey, designing models for 3D printing, or collecting retro video games.

‍* Practicing as Kevin P Siu Professional Corporation

Representative Cases

• Bayer Inc v Samsung Bioepis Co, Ltd, Federal Court T-1970-24: counsel to Samsung Bioepis on PMNOC s. 6(1) and s. 8.2 actions relating to an aflibercept biosimilar.
• Medexus Pharmaceuticals Inc v Accord Healthcare Inc, 2024 FC 424: counsel to Accord in successfully defending a patent infringement claim over methotrexate injectable formulations.
• Otsuka Pharmaceutical, Co, Ltd v Accord Healthcare Inc, Federal Court T-1729-23 and T-1736-23: counsel to Accord in actions under ss. 6(1) and 8.2 of the PMNOC Regulations relating to brexpiprazole (REXULTI).
• Steelhead LNG (ASLNG) Ltd v ARC Resources Ltd, 2023 FC 1684: counsel to Steelhead in patent impeachment action relating to floating liquefied natural gas (LNG) technologies.
• Steelhead LNG (ASLNG) Ltd v ARC Resources Ltd, 2022 FC 998, 2024 FCA 67: counsel to Steelhead in patent infringement action and summary trial relating to proposed liquefied natural gas facilities in British Columbia.
• Gilead Sciences, Inc v ViiV Healthcare Company et al, 2020 FC 486, 2021 FCA 122: counsel to Gilead in defence of patent infringement allegations over Gilead’s bictegravir (BIKTAVRY) product, resulting in a full dismissal in one of Canada’s first contested patent summary trials.
• Fresenius Kabi Canada Ltd v Canada (Health), 2020 FC 1013: counsel to Fresenius Kabi on judicial review of Minister’s decision relating to the interpretation of patentee consent under the PMNOC Regulations, resulting in a precedential statutory interpretation and approval of adalimumab biosimilar (IDACIO).
• Crude Solutions Ltd v MEG Energy Corp, 2020 FC 759: counsel to patentee in a patent infringement action relating to technologies used in extraction of oil sands.
• Trade Secrets PI Inc v Beauty Express Canada Inc, Federal Court T-875-17: counsel to defendant/counterclaimant in trademark dispute relating to the brands TRADE SECRETS and TRADE SECRET.
• AstraZeneca Canada Inc v Apotex Inc, 2018 FC 185: counsel to AstraZeneca in patent infringement proceedings relating to esomeprazole (NEXIUM) (before joining Gilbert’s).
• AstraZeneca Canada Inc v Apotex Inc, 2018 FC 181: counsel to AstraZeneca in s. 8 damages proceedings under the PMNOC Regulations relating to esomeprazole (before joining Gilbert’s).
• Boehringer Ingelheim Canada Ltd v Apotex Inc, Federal Court T-817-16: counsel to Boehringer Ingelheim in applications under the PMNOC Regulations relating to dabigatran etexilate (PRADAXA) (before joining Gilbert’s).
• Otsuka Pharmaceutical Co, Ltd v Apotex Inc, Federal Court T-200-17: counsel to Otsuka and BMS in patent infringement actions relating to aripiprazole (ABILIFY) (before joining Gilbert’s).
• Nintendo of America, Inc v King, 2017 FC 246, counsel to Nintendo in one of Canada’s first copyright cases dealing with the scope of technological protection measures (TPMs), in a matter relating to video game console modchips and game cartridges (before joining Gilbert’s).

Publications

• Patented Medicines (Notice of Compliance) Regulations, Chapter in Life Sciences Law in Canada, 2nd ed. (Carswell)
• “Patent enforcement proceedings in Canada“, Lexology Panoramic (12 April 2024)
• “Patent prosecution in Canada“, Lexology Panoramic (12 April 2024)
• “Life Sciences & Pharma IP Litigation (Canada)“, Chambers Practice Guides: Trends and Developments (30 January 2024)
• “SEPs and FRAND – litigation, policy and latest developments (Canada)“, IAM Media (8 December 2023)
• “Canada: The New Frontier for Global IP Litigation“, Managing Intellectual Property (24 August 2017)
• “Technological Neutrality: Toward Copyright Convergence in the Digital Age,” University of Toronto Faculty of Law Review, Vol. 71, No. 2, 2013