Michal Niemkiewicz



Counsel
t: 416.854.9429
f: 416.603.1142
mniemkiewicz@anticipatelaw.com


Michal practices intellectual property law with a focus on patents and trade-marks. Michal brings over thirteen years of experience in patent litigation, including actions and applications under the Patented Medicines (Notice of Compliance) Regulations, as well as section 8 damages actions. Michal also assists clients with advisory matters, including freedom to operate and validity opinions. Michal has assisted clients in various areas of technology, such as pharmaceuticals, vaccines, genetically modified organisms, medical devices, diagnostics and mechanical inventions. Michal has represented clients before all levels of the Federal Court.

Michal received his law degree from the University of Toronto. Prior to entering law, Michal studied biochemistry, receiving a bachelor’s and a master’s degree. Michal was admitted to practice in Ontario in 2003 and New York in 2008.

Michal is counsel to anticIPate Law.

Michal’s practice has focused largely on:

  • Trade-mark infringement actions;
  • Patent infringement, impeachment and conflict actions;
  • Applications under the Patented Medicines (Notice of Compliance) Regulations;
  • Damages actions under section 8 of the Patented Medicines (Notice of Compliance) Regulations; and
  • Freedom-to-operate and validity opinions.
University of Toronto (J.D., 2002); University of Guelph (B.Sc. in Biochemistry, 1997); McMaster University (M.Sc., Biochemistry, 2000)
Infringement and Invalidity Actions under the Patent Act, Trade-marks Act, and Industrial Designs Act

Muse Gallery Inc. v. Grace Marie Tran cob as Muse Art Annex (T-208-16): passing off action in relation to a confusing use of a name.

The D Drops Company Inc. et al. v. Nutralab Canada Corp. (T-1975-15): patent infringement action in relation to a pharmaceutical composition, as well as trade-mark infringement concerning numerous trade-marks and packaging trade dress.

Grit Inc. v. Costco Wholesale Canada Ltd. et al. (T-1360-15): industrial design infringement action in relation to a sports equipment carrier, as well as trade-mark infringement to a distinguishing guise of a hockey bag design.

Teva Canada Limited v. Nycomed Canada Inc. et al. (Federal Court File No. T-368-08; section 8 damages action re: pantoprazole).

Apotex Inc. v. Takeda Canada Inc. (Federal Court File No. T-1786-08, A-43-14 and A-45-14; section 8 damages action and appeals re: pantoprazole).

Mycogen Plant Science, Inc. v. Bayer BioScience N.V. et al. (Federal Court File No. T-1524-08, T-1569-08 and T-1581-08; re: genetically modified plants).

Patented Medicines (Notice of Compliance) Regulations

Bayer Inc. et al. v. Apotex Inc. et al. (Federal Court File No. T-1550-12; re: YAZ).

Bayer Inc. et al. v. Cobalt Pharmaceuticals Company et al. (Federal Court File No. T-215-12; re: YAZ).

Abbott Laboratories et al. v. Minister of Health et al. (Federal Court File No. T-1129-07 and T-135-07; re: clarithromycin XL).

Pfizer Canada Inc. et al. v. Minister of Health et al. (Federal Court File No. T-488-07 and T-739-07; re: atorvastatin).

Sanofi-Aventis Canada Inc. v. Sandoz Canada Inc. et al. (Federal Court File No. T-435-07, T-233-07, T-436-07, T-437-07 and T-438-07; re: ramipril).

• Abbott Laboratories et al. v. Minister of Health et al. (Federal Court File No. T-1671-06 and T-1672-06 re: clarithromycin).

Pfizer Canada Inc. et al. v. Minister of Health et al. (Federal Court File No. T-342-04 and T-1018-05; re: azithromycin).

 

Data protection in Canada, Landslide, Vol. 2, No. 1, September/October, 2009.

Education

University of Toronto (J.D., 2002); University of Guelph (B.Sc. in Biochemistry, 1997); McMaster University (M.Sc., Biochemistry, 2000)

Representative work

Infringement and Invalidity Actions under the Patent Act, Trade-marks Act, and Industrial Designs Act

Muse Gallery Inc. v. Grace Marie Tran cob as Muse Art Annex (T-208-16): passing off action in relation to a confusing use of a name.

The D Drops Company Inc. et al. v. Nutralab Canada Corp. (T-1975-15): patent infringement action in relation to a pharmaceutical composition, as well as trade-mark infringement concerning numerous trade-marks and packaging trade dress.

Grit Inc. v. Costco Wholesale Canada Ltd. et al. (T-1360-15): industrial design infringement action in relation to a sports equipment carrier, as well as trade-mark infringement to a distinguishing guise of a hockey bag design.

Teva Canada Limited v. Nycomed Canada Inc. et al. (Federal Court File No. T-368-08; section 8 damages action re: pantoprazole).

Apotex Inc. v. Takeda Canada Inc. (Federal Court File No. T-1786-08, A-43-14 and A-45-14; section 8 damages action and appeals re: pantoprazole).

Mycogen Plant Science, Inc. v. Bayer BioScience N.V. et al. (Federal Court File No. T-1524-08, T-1569-08 and T-1581-08; re: genetically modified plants).

Patented Medicines (Notice of Compliance) Regulations

Bayer Inc. et al. v. Apotex Inc. et al. (Federal Court File No. T-1550-12; re: YAZ).

Bayer Inc. et al. v. Cobalt Pharmaceuticals Company et al. (Federal Court File No. T-215-12; re: YAZ).

Abbott Laboratories et al. v. Minister of Health et al. (Federal Court File No. T-1129-07 and T-135-07; re: clarithromycin XL).

Pfizer Canada Inc. et al. v. Minister of Health et al. (Federal Court File No. T-488-07 and T-739-07; re: atorvastatin).

Sanofi-Aventis Canada Inc. v. Sandoz Canada Inc. et al. (Federal Court File No. T-435-07, T-233-07, T-436-07, T-437-07 and T-438-07; re: ramipril).

• Abbott Laboratories et al. v. Minister of Health et al. (Federal Court File No. T-1671-06 and T-1672-06 re: clarithromycin).

Pfizer Canada Inc. et al. v. Minister of Health et al. (Federal Court File No. T-342-04 and T-1018-05; re: azithromycin).

Publications

Data protection in Canada, Landslide, Vol. 2, No. 1, September/October, 2009.