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David M. Reive, Partner

David was called to the Ontario Bar in 1992 and has built a successful and varied intellectual property litigation practice focusing on pharmaceutical and biomedical device patent litigation.

David has litigated cases dealing with a wide range of IP issues and technologies, including: 

• patents on oil field equipment, database architecture, lottery tickets, vaccines, food processing, construction equipment, explosive manufacturing, medical devices, pharmaceuticals and printing processes

• copyright matters for communication companies

• trademarks used for footwear, food products and soft drinks

• trade secret and breach of confidence actions on software, high technology devices, and explosives manufacturing technology

He regularly acts for pharmaceutical companies in proceedings under the Patented Medicines (Notice of Compliance) Regulations as well as in patent infringement and invalidity actions. David’s expertise has been recognized by being named in The Best Lawyers in Canada for Biotechnology Law in 2008 and 2009.

David has many years of experience in multi-jurisdictional litigation matters and has worked closely with counsel in other countries on worldwide patent disputes.

As an active member of the IP legal community, David is a regular presenter and contributor to intellectual property conferences and seminars. He has been the Chair of the Legal Practices and Standards Committee of the Intellectual Property Section of the Canadian Bar Association and belongs to various professional organizations, including the American Intellectual Property Law Association and the Intellectual Property Institute of Canada. David is CV-rated in Martindale-Hubbell.

David received his LL.B. from Osgoode Hall Law School in 1990. David also earned a M.A.Sc. in Chemical Engineering from the University of Ottawa in 1985 and a B.Sc. in Chemical Engineering from Queen’s University in 1983. Prior to attending law school, David worked for several years in the specialty chemicals business, focusing on additives for the building products and paint industries.

Selected presentations:

"Selection Patents Sound Prediction:  What is Required?", 9th Edition Drug Patents in Canada, May 2010

"Hot Issues in pharmaceutical litigation", Insight Drug Patents and Legal Forum, May 2009

"Lastest on standards of review", Canadian Bar Association - Advocacy before the Federal Court in Intellectual Property Matters - Appeal Proceedings, April 2009

Panel Moderator, Roundtable: "Understanding generic and brand perspectives on key issues", Canadian Institute Pharma Patents Conference, October 2007

"The Amended PM(NOC) Regulations", Canadian Institute Pharma Patents Conference, October 2006

"Killing innovation or saving lives: competing visions for compulsory licensing in Canada", Compulsory Licensing under the Patent Act, University of Toronto, March 2006

"Evidentiary issues in pharmaceutical litigation", Insight Drug Patents Conference, February 2006