Andrew McIntosh is a partner with Bereskin & Parr and leader of the Litigation practice group. His practice focuses on intellectual property litigation relating to patents, trademarks and trade secrets.
Andrew has significant litigation experience as trial and appellate counsel in a wide range of technologies including pharmaceutical, chemistry and polymer science, biotechnology, oilfield services, military defence, electronics, electronic document imaging, mechanical arts, and a variety of consumer products. He has pharmaceutical patent litigation experience including Patented Medicines (Notice of Compliance) proceedings, as well as infringement and impeachment actions. Between 2009 and 2011, Andrew was a founding partner in a boutique firm that focused on pharmaceutical patent litigation. He has appeared as counsel before the Federal Court, Federal Court of Appeal, Ontario Superior Court and Ontario Court of Appeal.
Some of Andrew’s representative trial and appeal decisions include:
- Westaim Corp v Royal Canadian Mint 2002 FCT 1217
- Illinois Tool Works Inc v Cobra Anchors Co 2002 FC 829, 2003 FCA 358
- Janssen-Ortho Inc v Novopharm 2006 FC 1234; 2007 FCA 217
- Janssen-Ortho Inc v Apotex 2008 FC 744; 2009 FCA 212
- Dow Chemical Company v Nova Chemicals Corporation 2014 FC 844; 2016 FCA 216
- E. Mishan & Sons v Supertek Canada Inc 2014 FC 326; 2015 FCA 163
- Dow Chemical Company v Nova Chemicals Corporation 2017 FC 754
Andrew also advises clients in evaluating and obtaining patents for chemical and mechanical inventions, and with respect to intellectual property due diligence issues.
He has written articles and given lectures on intellectual property litigation, and is the lead author on two chapters in a prominent textbook on Remedies in intellectual property litigation.
In free time Andrew can usually be found at a hockey rink, lacrosse field, or other minor sports venue either coaching or cheering on his two boys.
