Noel Courage

Partner

Toronto, 416.957.1655

Practice Group(s)

Patents
Cleantech
Life Sciences
Mechanical & Industrial Processes
Oil & Gas
Industrial Designs
Licensing & Transactions

Education

B.Sc. (Biochem.), Memorial University of Newfoundland, 1992
LL.B., Dalhousie University, 1995

Qualifications

Admitted to the Ontario Bar, 1997
Registered Canadian Patent Agent, 2004
Registered United States Patent Agent, 2004

Professional Memberships

American Intellectual Property Law Association (AIPLA)
Canadian Healthcare Licensing Association (CHLA)
Intellectual Property Institute of Canada (IPIC), Fellow
Toronto Intellectual Property Group (TIPG)

Noel Courage

B.Sc. (Biochem.), LL.B.

Noel Courage is a partner with Bereskin & Parr LLP and member of the Life Sciences practice group.

Noel's practice focuses on the patenting and licensing of biotechnological, chemical and mechanical inventions. He provides opinions on patent validity and infringement issues. He also has experience in regulatory, trademark and copyright law, and provides advice on IP portfolio management strategy. His regulatory work includes advising on data exclusivity, Patent Medicine Prices Review Board and Patented Medicines (NOC) Regulations strategy.

While attending Memorial University, Noel worked as a research assistant in the biochemistry department. While completing his law degree at Dalhousie University, Noel received prizes for academic excellence in patent, trademark and contract law.

Noel has lectured on IP licensing at the Patents and Trade Secrets course at the University of Toronto since 2011. He is a lecturer and patent drafting tutor in the McGill University/ Intellectual Property Institute of Canada (IPIC) “Understanding Patents” course. He has also spoken at meetings of the Intellectual Property Owners' Association (International Law Committee) and annual meetings of the American IP Law Association and the Intellectual Property Institute of Canada. Noel has authored many articles on IP law and technology, and has been cited in a number of prestigious publications, including a report on Patent Term Extensions and Adjustments by the Global Legal Research Center of the U.S. Library of Congress.

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Noel Courage

Noel Courage

B.Sc. (Biochem.), LL.B.

Partner
Toronto      Ph: 416.957.1655

Practice Group(s)
Patents
Cleantech
Life Sciences
Mechanical & Industrial Processes
Oil & Gas
Industrial Designs
Licensing & Transactions

Education
B.Sc. (Biochem.), Memorial University of Newfoundland, 1992
LL.B., Dalhousie University, 1995

Qualifications

Admitted to the Ontario Bar, 1997
Registered Canadian Patent Agent, 2004
Registered United States Patent Agent, 2004

Noel Courage is a partner with Bereskin & Parr LLP and member of the Life Sciences practice group.

Noel's practice focuses on the patenting and licensing of biotechnological, chemical and mechanical inventions. He provides opinions on patent validity and infringement issues. He also has experience in regulatory, trademark and copyright law, and provides advice on IP portfolio management strategy. His regulatory work includes advising on data exclusivity, Patent Medicine Prices Review Board and Patented Medicines (NOC) Regulations strategy.

While attending Memorial University, Noel worked as a research assistant in the biochemistry department. While completing his law degree at Dalhousie University, Noel received prizes for academic excellence in patent, trademark and contract law.

Noel has lectured on IP licensing at the Patents and Trade Secrets course at the University of Toronto since 2011. He is a lecturer and patent drafting tutor in the McGill University/ Intellectual Property Institute of Canada (IPIC) “Understanding Patents” course. He has also spoken at meetings of the Intellectual Property Owners' Association (International Law Committee) and annual meetings of the American IP Law Association and the Intellectual Property Institute of Canada. Noel has authored many articles on IP law and technology, and has been cited in a number of prestigious publications, including a report on Patent Term Extensions and Adjustments by the Global Legal Research Center of the U.S. Library of Congress.

Articles

We Promise that it is Still Worthwhile to File Pharma Patents in Canada
Noel Courage
November 10, 2016
Download PDF
Canadian Patent Term Extension - Bill is in the House
Noel Courage
November 2, 2016
Download PDF
Canada’s Drug Linkage Regulations Finally Grow Up – Becoming a Full Action
Noel Courage
November 2, 2016
Download PDF
Sell Products Globally, but Keep Trade Secrets Local
Noel Courage
October 31, 2016
Download PDF
Avoid Crash Landing New Products – Early Freedom to Operate Assessment Can Deflect Risk of Canadian Patent Infringement
Noel Courage
October 3, 2016
Download PDF
Use Agreements to Capture and Control IP like it’s a Pokémon
Noel Courage and Nicholas  Aitken
August 25, 2016
Download PDF
Pokémon GO Shows How to Augment Reality and your Intellectual Property
Noel Courage and Nicholas  Aitken
August 18, 2016
Download PDF
Breaking Up is Hard to Do, but it's a Little Easier if You Make the Other Side Pay
Noel Courage
July 28, 2016
Download PDF
Patenting Polymorphs of Crystals Internationally
Noel Courage and Janice Calzavara
June 27, 2016
Download PDF
Protecting Trade Secrets in the U.S. and Canada
Noel Courage and Daniel M. MacKay
June 20, 2016
Download PDF
Looking into the Crystal Ball – Protecting Polymorphs to Lengthen the Drug Patent Life Cycle
Noel Courage and Janice Calzavara
June 7, 2016
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Developing a Patent Family Bigger than the Brady Bunch
Noel Courage
June 2, 2016
Download PDF
Regulators Throw Open the Doors to Complex Biosimilars to Reduce Drug Costs
Noel Courage and Ainslie Parsons
April 7, 2016
Download PDF
Gene Patents Remain Valid in Canada
Noel Courage
March 10, 2016
Download PDF
Protecting Life Science Innovations in Canada – A Year in Review
Noel Courage and Melanie Szweras
February 12, 2016
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Canadian Feds Issue Patent, Then Try to Invalidate It in Court
Noel Courage
February 12, 2016
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Biosimilar Approvals in the US and Canada – Sidestepping the 'Patent Dance'
Noel Courage
January 12, 2016
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Biosimilar Approvals in the US and Canada – the ‘Patent Dance’
Noel Courage
December 30, 2015
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Hanging up the Holiday Lights as IP Infringement?
Noel Courage
December 17, 2015
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The Old Man and the Sea of IP - A Licensing-Out Primer
Noel Courage
December 3, 2015
Download PDF
Ontario Government Gets Carpet-Burned by Poor Performance, but Recovers
Noel Courage
September 16, 2015
Download PDF
An Ounce of Patents is Worth a Pound of Cure
Noel Courage
August 28, 2015
Download PDF
Frozen? Don't Let It Go: Managing the Risk of Physical Damage to Your Products
Noel Courage
July 13, 2015
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Canadian Intellectual Property Office (CIPO) Publishes Diagnostics Patent Notice
Noel Courage and Carmela De Luca and Amy Dam
July 3, 2015
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Canadian Appeal Court Itching to Consider Patented Medical Treatments
Noel Courage
May 25, 2015
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Canadian Patent Infringement Exceptions
Noel Courage
May 15, 2015
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Proactive Pharma Patent Enforcement on Canadian Drug Combos
Noel Courage
May 14, 2015
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US FDA Provides First BPCIA Biosimilar Approval – Filgrastim-sndz
Noel Courage
March 6, 2015
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What to Expect When you are Expecting to Launch a Drug in Canada – Regulatory Overview
Noel Courage
March 2, 2015
Download PDF
Quirks of practice: Protecting medical devices in Canada
Noel Courage and Adrienne Bieber McNeil
February 27, 2015
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European Regulators Update Guideline on Protein Biosimilars
Noel Courage
February 17, 2015
Download PDF
New “Highway” Opens Between Canada and Europe
Noel Courage
January 6, 2015
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Getting a Biosimilar Drug Approved in Europe – Updated Guidance
Noel Courage
December 4, 2014
Download PDF
Canadian Patent Term Extension – The Treaty Text is Released
Noel Courage
December 2, 2014
Download PDF
The Supreme Court of Canada's New Duty of Good Faith in Contracts Will Apply to IP Commercialization
Noel Courage
November 17, 2014
Download PDF
Improvements to Canadian Patent Protection are Around the Corner
Noel Courage
September 17, 2014
Download PDF
Patent Transactions in the Life Sciences, Canada Chapter
Noel Courage
August 29, 2014
Download PDF
Canadian Patent Term Extension – Draft Treaty
Noel Courage
August 15, 2014
Download PDF
Trade Secrets in Canada
Noel Courage
August 1, 2014
Download PDF
Biotechnology Patenting in the Wake of the New U.S. Supreme Court Decision (Alice v. CLS)
Noel Courage
June 19, 2014
Download PDF
Europe Developing More Specific Criteria for Biosimilar Drug Safety Data
Noel Courage
May 5, 2014
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Europe Continuing to Develop Biosimilar Guidance
Noel Courage
April 28, 2014
Download PDF
Researchers’ Guide to Deciphering Patents
Noel Courage
April 1, 2014
Download PDF
Biosimilar Monoclonal Antibodies Emerge from the Pipeline on Both Sides of the Atlantic
Noel Courage
March 7, 2014
Download PDF
More Clarity for Complex Biosimilars: Europe Approved the First Follow-On Monoclonal Antibodies – Canada Follows Suit
Noel Courage and Ainslie Parsons
March 7, 2014
Download PDF
Myriad applied: More news for diagnostic patents
Noel Courage and Carmela De Luca
November 7, 2013
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Supreme Court Amends Earlier Decision: Viagra Patent not Void
Andrea Berenbaum and Noel Courage
June 14, 2013
Download PDF
Securing IP in Stem Cells
Noel Courage and Laurence MacPhie
April 12, 2013
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THALOMID is Not an Innovative Drug Eligible for Canadian Data Protection
Noel Courage and Ainslie Parsons
March 4, 2013
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Licensing Basics for Life Sciences: Getting Paid Through License Fees
Noel Courage
February 28, 2013
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Enantiomers Not Eligible for Data Protection in Canada
Noel Courage and Ainslie Parsons
February 6, 2013
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A penny for your thoughts, $5 for your docs - Protecting company property against Access to Information requests.
Noel Courage
June 29, 2012
Download PDF
Billion Dollar Drug Litigation Opens a Front in Canada
Noel Courage and Ainslie Parsons
June 6, 2012
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Scorned Drug Makes Unexpected Comeback that is “Innovative” Enough to Qualify for Canadian Data Exclusivity
Noel Courage and Ainslie Parsons
April 4, 2012
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Biosimilar Battlegrounds - What is new in biosimilars and where?
Noel Courage
February 17, 2012
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Subsequent Entry Biologics in Canada: Competition vs. Exclusivities
February 13, 2012
Download PDF
FDA Releases Draft Guidance on the Approval of Biosimilars
Noel Courage and Ainslie Parsons
February 10, 2012
Download PDF
Accessing Competitor Information in Canadian Government Files
Noel Courage
February 3, 2012
Download PDF
Disclosure of prior art - Federal Court of Appeal clarifies “good faith” section of Canadian Patent Act
Adam Bobker and Noel Courage
December 21, 2011
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Europe Discards Embryonic Stem Cell Patents
Noel Courage and Laurence MacPhie
December 15, 2011
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The Comparability Conundrum: Biosimilars in the United States, Europe and Canada
Noel Courage and Ainslie Parsons
December 1, 2011
Download PDF
Disclosure of Prior Art: Duty Free in the Canadian Patent Office?
Adam Bobker and Noel Courage
November 1, 2011
Download PDF
Documents in Publicly-Available Patent File History are Prior Art Against US Patents
Noel Courage
July 1, 2006
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Speaking Engagements

13th Forum on Pharma Patents

The Canadian Institute (CI)
Toronto, ON
October 26, 2016

Join Noel Courage at the 13th Forum on Pharma Patents on October 26. Noel will be speaking as part of the Biologics and Biosimilars panel discussion at 9:25am.

For more information, please click here.

2016 Summer Courses in Intellectual Property

McGill University / Intellectual Property Institute of Canada (IPIC)
Montréal, QC
July 18 - 29, 2016

As part of McGill University & Intellectual Property Institute of Canada (IPIC) summer courses on intellectual property, the following Bereskin & Parr partners will be presenting:

Noel Courage - “Patents: An Overview” on July 18, 2016

Stephen Beney – “Overview of Patent Cooperation Treaty” on July 20, 2016

François Larose – “Basics of Canadian Trademark Procurement – Opening Remarks” on July 25, 2016

Brigitte Chan – “Different Types of Applications, Examiners’ Reports & Responses, Post-Advertisement Matters” on July 26, 2016

Brigitte Chan, François Larose and Meghan Dillon will also be conducting a daily workshop at Intellectual Property Institute of Canada’s (IPIC) Understanding Trade-marks introductory course.

For more information please click here.

Patent Seminar - IP Strategies and Subject Matter Eligibility

Bereskin & Parr
MaRS Discovery District
February 4, 2016

Join us on Thursday, February 4th as we discuss top trends in IP and hear from Bereskin & Parr's top professionals. Engage, learn and discover pertinent IP issues for Engineering, Technology and Life Sciences inventions and how they apply to the development of your IP strategy and subject matter eligibility.

Agenda:

 

8:30am  -  9:00am  - Registration and continental breakfast
IP Issues for Engineering and High Tech Inventions  - Moderated by Bhupinder Randhawa

 

9:00am  -  9:50am  - Developing a complete IP strategy from Innovation to Monetization with Bhupinder Randhawa
9:50am  -  10:30am  - Current IP Issues for Software and other High Tech Inventions with Isi Caulder
10:30am  -  10:45am  - Coffee break
10:45am  -  11:20pm  - Challenging (and Defending) Issued Patents with James Raakman
11:20am  -  12:00pm  - Managing IP Risks with Victor Krichker
12:00pm  -  1:00pm  - Lunch and afternoon registration

IP Issues for Life Sciences Inventions:  - Moderated by Micheline Gravelle

1:00pm  -  1:45pm  - Designing a complete IP strategy for Life Sciences companies with Noel Courage
1:45pm  -  2:30pm  - Disclosure and Utility Requirements for Life Sciences patents with Mike Fenwick
2:30pm  -  2:45pm  - Coffee break
2:45pm  -  3:25pm  - Subject matter eligibility for Biologics with Melanie Szweras
3:25pm  -  4:00pm  - Subject matter eligibility for Diagnostic Methods with Laurence MacPhie

20th Annual Intellectual Property Law: The Year in Review

The Law Society of Upper Canada
Donald Lamont Learning Centre, Toronto
January 21, 2016

Cynthia Rowden and Noel Courage will be presenting at the LSUC 20th Annual Intellectual Property Law: The Year in Review event.

This flagship intellectual property program addresses key changes and developments in IP. This year, along with insightful analysis on changes in the core areas of patent, trade-mark, and copyright law, presenters will discuss cross-border issues and raise awareness of new intellectual property issues you may face.

Date:
Thursday, January 21, 2016 (9:00 AM – 1:00 PM) 

Location:
Donald Lamont Learning Centre, 130 Queen Street West, Toronto

For more information click here.

Intellectual Property Owners’ Association

Patent Utility Law in Canada
June 17, 2015

Noel Courage speaks on Patent Utility Law in Canada for the Intellectual Property Owners’ Association - International Patent Law and Practice Committee on June 17, 2015.

Patent and Trade Secrets Law course at University of Toronto

Licensing Intellectual Property
U of T, Toronto, Ontario
March 24, 2015

Noel Courage is a guest lecturer, speaking on Licensing Intellectual Property for the Patent and Trade Secrets Law course at the University of Toronto. 

Pharma Patents - Practical Strategies for Prosecuting and Litigating Pharmaceutical Patents

InterContinental Yorkville, Toronto, ON
October 29 - 30, 2013

Noel Courage will be speaking on pharma industry trends: “Assessing The Current Canadian Regulatory Framework: How Does it Affect Your Innovator or Generic Strategy.” Moderator for biosimilars panel.

Peterborough Region Angel Network

October 15, 2013

IP Presentation by Bereskin & Parr (Noel Courage and Tony Orsi).

MedEdge Summit (Venturelab) “The Bridge to Commercialization through Partnerships”

Richmond Hill, ON
June 20, 2013

Noel Courage will be co-speaker with Bhupinder Randhawa on “Intellectual Property – Leveraging Intellectual Assets in Healthcare.”

Greater Peterborough Innovation Cluster

Quarterly Breakfast Series
Peterborough, ON
April 19, 2013

Noel Courage and Tony Orsi will be speaking.

For more information please go to: www.gpicbreakfastseries.eventbrite.com

Centre for Imaging Technology Commercialization (CIMTEC)

2013 Patent Bootcamp - Training Workshop on Patent Drafting and Prosecution for Medical Imaging
Toronto, ON
February 6, 2013

Tony Orsi and Noel Courage will be speaking at this event on Hands-on, Practical Drafting and Prosecution Exercises at 1:00 p.m.

For more information go to: http://www.cimtec-canada.ca/content/patent-bootcamp

Pharma Patents - Practical Legal and Business Strategies for Generating the Maximum Value for Pharma Products

Toronto, ON
October 29 - 30, 2012

Noel Courage will be a panelist for "Exploit the Opportunities for Increasing Your Patent Portfolio Through Biologics and Subsequent Entry Biologics (SEB’s)" at 9 am.

 

Pharma and Clinical Trials Forum

Toronto, ON
October 29 - 30, 2012

Noel Courage is speaking on “Patent Law Developments Affecting Clinical Trials”.

American Intellectual Property Law Association (AIPLA)

Biosimilars in the US, Canada, and EU
September 25, 2012

Noel Courage will be speaking at this webinar on Biosimilars in Canada and the EU at 12:30 p.m.

For more information go to: http://www.aipla.org/committees/committee_pages/Biotechnology/BiotechBuzz/Lists/Posts/Post.aspx?ID=36

 

Life Sciences Ontario (LSO)/The Biotechnology Initiative (TBI)

April Networking Breakfast Meeting
Metro Hall, Toronto, ON
April 21, 2011

Noel Courage of Bereskin & Parr LLP will be speaking at this event on Subsequent entry biologics - Biosame, biodifferent or somewhere inbetween? at 8:00 a.m.

For more information go to: http://www.ontbi.org/events/

Event Attendance

RESI on MaRS

MaRS
Toronto, ON
June 23, 2016

Join Micheline Gravelle on June 23 from 11:00 AM - 11:50 AM as she speaks at RESI on MaRS as a panelist on IP Strategy: Top 3 IP Due Diligence Mistakes. RESI on MaRS will take place at the MaRS Discovery District with Noel Courage and Tony Orsi also in attendance.

RESI (The Redefining Early Stage Investments) Conference is an ongoing conference series that establishes a global circuit for early stage life sciences companies by creating relationships with source investors.

For more information on this event, please click here.

International Association for the Protection of Intellectual Property

AIPPI World Congress 2015
Rio de Janeiro, Brazil
October 10 - 14, 2015

Philip Mendes da Costa, Noel Courage and Bhupinder Randhawa will all be attending the AIPPI World Congress 2015 in Rio.

Canadian Healthcare Licensing Association

Holiday Cocktail Event
Toronto, ON
December 11, 2014

Bereskin & Parr will be sponsoring and hosting the Canadian Healthcare Licensing Association’s (CHLA) Holiday Event. Noel Courage will be attending the event.

AIPLA

Annual Meeting
Washington, DC
October 23 - 25, 2014

Don Cameron, Robert Storey, Ken Bousfield, Ian McMillan, Noel Courage, Isi Caulder, Tony Orsi, Melanie Szweras and Paul Horbal will be attending the AIPLA Annual Meeting. 

The Annual Meeting offers attendees the opportunity to connect with others in the IP industry from around the world, and to learn about such topics as: post-grant proceedings after the AIA; 101 invalidation in view of CLS Bank, Bilski, and Prometheus; IP and Regulatory Protection in the Pharmaceutical Field in Latin America; the Unified Patent Court in the European patent litigation landscape; best practices in Trade Secret Protection; the latest in Cyber Security Law and Standards; and the Year in Review: Trademark, Copyright, Trade Secret and Patents.

University of New Brunswick

On Campus Interviews
September 24, 2014

Noel Courage and Margaret Seko will be attending.

Dalhousie University

On Campus Interviews
September 23, 2014

Noel Courage and Margaret Seko will be attending.

AIPPI

World Intellectual Property Congress 2014
Toronto, ON
September 14 - 17, 2014

Bereskin & Parr is proud to be the 2014 lanyard sponsor of the AIPPI World Intellectual Property Congress and welcomes all congress attendees to Toronto.

Philip Mendes da Costa is the Chairperson for the AIPPI Organizing Committee and has been very involved in the overall congress organization.

Don MacOdrum, Jill Tonus, Ian McMillan, Noel Courage, David St-Martin and Kevin Shipley will be attending, and our 2014-2015 articling students, Maria Wei, Stephen Lam, Pasan Hapuarachchi, Teresa MacLean and Evan Reinblatt will be volunteers at the congress.

On Monday, September 15th from 2:00 p.m. to 5:30 p.m. Daniel Bereskin will be speaking on "Mock trial – International IP Arbitration".

The International Association for the Protection of Intellectual Property (AIPPI) is an international organization dedicated to the development and improvement of intellectual property. Further information about the event can be found here.

Greater Peterborough Chamber of Commerce

2014 Prosperity Tradeshow
Peterborough, ON
September 10, 2014

Noel Courage and Tony Orsi will be attending the 2014 Prosperity Tradeshow. 

As one of the largest Chamber events of the year, the tradeshow will feature over one hundred exhibitors, including new startups and national brands.

BioNova - The Nova Scotia Life Sciences and Biotechnology Industry Association

BioPort Atlantic 2012
Halifax, NS
September 26 - 27, 2012

Noel Courage will be attending.

For more information go to: http://bionova.ca/news-events/bioport/

University of Toronto

9th Annual Evening of Professional Networking and Mentorship
Toronto, ON 
March 8, 2011

Carmela De Luca and Ainslie Parsons of Bereskin & Parr LLP will be attending.

Bereskin & Parr LLP

Cost-effective Patenting and Hot Topics in Biotechnology, Chemistry and Pharmaceuticals
Montreal, QC
January 26, 2011

4:00 - 6:00 p.m.

Noel Courage, David St-Martin and Carmela De Luca of Bereskin & Parr LLP will be speaking at this event.

For more information please see: http://www.bereskinparr.com

Accolades

  • Best Lawyers in Canada 2017
  • 2016 Canadian Legal Lexpert Directory
  • IAM Patent 1000 2016
  • Best Lawyers in Canada 2016
  • 2015 Canadian Legal Lexpert Directory
  • IAM Patent 1000 2015
  • IAM Patent 1000 2014
  • IAM Patent 1000 – The World’s Leading Patent Practitioners 2013

Professional Memberships

American Intellectual Property Law Association (AIPLA)
Canadian Healthcare Licensing Association (CHLA)
Intellectual Property Institute of Canada (IPIC), Fellow
Toronto Intellectual Property Group (TIPG)

Media Coverage

  • Noel Courage quoted in National Post article, “Montreal rapper wins fight against major label over collaboration with Kendrick Lamar”, November 23, 2016
  • Noel Courage Quoted By Benefits Canada on the Cost of Epinephrine Autoinjectors, September 13, 2016
  • Noel Courage Quoted in Canadian Lawyer Inhouse Regarding Brown v. Canada, February 15, 2016
  • Noel Courage Quoted in Law Times article, "Companies responding to copyright infringement in creative ways", September 28, 2015
  • Noel Courage Quoted in Canadian Lawyer Magazine Regarding Ashley Madison Copyright Takedown Notices, August 25, 2015
  • Noel Courage Quoted in Canadian Lawyer Inhouse Regarding Super Bowl Performance, February 23, 2015
  • Noel Courage Speaks to Canadian Lawyer About the Promise of the Patent, August 1, 2014
  • Noel Courage Quoted in Canadian Lawyer InHouse Regarding Canada-Europe Free Trade Agreement, October 28, 2013
  • Noel Courage Quoted in Law Times Regarding Work Flow for IP Lawyers in View of Freer Trade, October, 2013
  • Noel Courage Quoted in Life Sciences IP Review (UK) Regarding Eli Lilly NAFTA Trade Challenge
  • Noel Courage Quoted in The Lawyers' Weekly article, "Is a banned drug, repurposed, a new drug?", March 15, 2013
  • Noel Courage was quoted in the article “Know when to protect with a patent” which appeared online in The Globe and Mail on April 3, 2012.
  • Noel Courage was quoted in the article “IP audits can be profitable” which appeared in the January 30, 2012, edition of the Law Times.
 

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