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Andrew’s practice focuses exclusively in the life sciences arena where he assists companies navigate and overcome complex legal and regulatory challenges. With a client-centric approach and a deep knowledge and understanding of the pharmaceutical industry, Andrew advises and advocates on behalf of innovative companies in litigation in the Ontario and Federal Courts, including under the Patented Medicines (Notice of Compliance) Regulations (patent validity, infringement and damages quantification). Andrew also provides strategic advice on issues impacting their businesses, including regulatory compliance (under the Food and Drugs Act and associated regulations), pricing and reimbursement (such as matters within the jurisdiction of the Patented Medicine Prices Review Board and under applicable provincial legislation) and requests for disclosure made under federal and provincial acts. Andrew takes great pride in building positive and effective relationships with his clients, which enables them to work together to find better solutions and allows him to contribute meaningfully to the success of their businesses. Andrew is also committed to lifelong learning, with some of his more recent pursuits being the completion of a series of professional development courses on drafting effective business documents and taking part in a dual certificate regulatory affairs program on medical devices and pharmaceuticals.
Prior to joining Smart & Biggar, Andrew worked at a U.S. State Department of Public Health (Division of Food and Drug), hospital, retail community and specialty pharmacies, a leading American biopharmaceutical company (Division of Regulatory Strategy and Intelligence), and a leading national law firm where he specialized in pharmaceutical litigation (patents and product liability). Through these experiences, and as a lawyer and pharmacist licenced to practice in both Canada and the U.S., Andrew has acquired significant knowledge of the laws governing the life science and healthcare industries, as well as expertise in pharmacy practice (including pharmacotherapy, drug interchangeability and reimbursement).
While pursuing his pharmacy degree at the Massachusetts College of Pharmacy, Andrew was elected to The Rho Chi Society (the academic honour society in pharmacy). Upon graduation he was recognized with an Award of Excellence for high academic achievement and outstanding communication skills. Andrew attended Suffolk University Law School where he attained the highest standing in his Health Law course and obtained a Concentration Certificate in Health and Biomedical Law.
In his spare time, Andrew enjoys bargain hunting, the thrill of online art auctions and rooting for Toronto sports teams.
Rankings and recognition
Recognized as an 'Rising Star' in Life Sciences since the inaugural edition in 2015 of LMG Expert Guides: Rising Stars
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Federal Court and Federal Court of Appeal
Apotex Inc v AstraZeneca Canada Inc, 2018 FC 181
AstraZeneca Canada Inc v Mylan Pharmaceuticals ULC, 2017 FC 142
Alcon Canada Inc v Apotex Inc, 2014 FC 791
AstraZeneca Canada Inc v Teva Canada Limited, 2013 FC 245
Apotex Inc v Sanofi-Aventis, 2012 FC 553
Sanofi-Aventis Canada Inc v Teva Canada Limited, 2012 FC 552
AstraZeneca Canada Inc. v. Mylan Pharmaceuticals ULC, 2011 FC 1023
Sanofi Aventis Canada Inc v Teva Canada Limited, 2010 FC 1210, aff’d 2011 FCA 149
Apotex Inc v Sanofi Aventis, 2010 FC 1209
Sanofi-Aventis Canada Inc. v. Apotex Inc.; Sanofi-Aventis Canada Inc. v. Novopharm Inc., 2009 FC 676
Sanofi-Aventis Canada Inc v. Novopharm Limited, 2009 FC 1285
AstraZeneca Canada Inc v Apotex Inc, 2008 FC 1301
Abbott Laboratories v Canada (Health), 2007 FC 753
Abbott Laboratories v Canada (Minister of Health), 2006 FC 1558
Apotex Inc v. Abbott Laboratories, 2006 FCA 294
Ontario Superior Court
Apotex Inc v Eli Lilly and Company, 2015 ONSC 5396
Apotex Inc v Eli Lilly and Company, 2014 ONSC 3574
Apotex Inc v Schering Corporation, 2013 ONSC 1411
Domain Name Arbitration
Di-El Industrie-Electronic GmbH and TR Electronic v. E-Orderdesk, Case No. D2007-0961
Memberships
- Associate, Intellectual Property Institute of Canada
- Member, The Advocates' Society
- Member, Toronto Intellectual Property Group
- Member, Canadian Association of Professionals in Regulatory Affairs
- Member, Regulatory Affairs Professionals Society
- Member, Ontario Bar Association; member of the Civil Litigation and Intellectual Property sections
Publications
- "FCA dismisses Lilly’s olanzapine section 8 damages appeal and grants cross-appeal allowing for recovery of pipefill sales and under reporting of data”, Rx IP Update, March 2018; International Law Office Healthcare and Life Sciences Newsletter, April 18, 2018; Lexology, April 18, 2018
- "PMPRB releases report analyzing generic drug pricing in Canada”, Rx IP Update, February 2018; International Law Office Healthcare and Life Sciences Newsletter, March 28, 2018; Lexology, March 28, 2018
- "Health Canada publishes updated guidance document on classification of products at the device-drug interface”, Rx IP Update, February 2018; International Law Office Healthcare and Life Sciences Newsletter, March 28, 2018
- "Consultation on the Use of a Foreign-sourced Reference Product as a Canadian Reference Product”, Rx IP Update, January 2018; International Law Office Healthcare and Life Sciences Newsletter, March 7, 2018; Lexology, March 7, 2018
- "CADTH Common Drug Review to accept submissions up to six months prior to market approval”, Rx IP Update, March 2018
- "Patented Medicine Prices Review Board releases March 2018 NEWSletter”, Rx IP Update, March 2018
- "Guidance Document - Use of a Foreign-sourced Reference Products as CRP”, Rx IP Update, December 2017; International Law Office Healthcare and Life Sciences Newsletter, January 24, 2018
- "PMPRB releases 2016 Annual Report”, Rx IP Update, November 2017; International Law Office Healthcare and Life Sciences Newsletter, January 8, 2018
- "Consultation on Health Canada proposals for prescription drug transparency”, Rx IP Update, October 2017; International Law Office Healthcare and Life Sciences Newsletter, November 15, 2017
- "Apo-Salvent proceeding discontinued”, Rx IP Update, October 2017; International Law Office Healthcare and Life Sciences Newsletter, November 27, 2017
- "Report comparing drug coverage by Canadian public drug plans”, Rx IP Update, October 2017; International Law Office Healthcare and Life Sciences Newsletter, November 27, 2017
- "SOLIRIS decision”, Rx IP Update, October 2017; International Law Office Healthcare and Life Sciences Newsletter, November 27, 2017
- "TPD and BGTD Annual Drug Submission Performance Reports released”, Rx IP Update, August 2017; International Law Office Healthcare and Life Sciences Newsletter, September 13, 2017
- "CADTH issues Common Drug Review Update Newsletter”, Rx IP Update, August 2017; International Law Office Healthcare and Life Sciences Newsletter, September 13, 2017
- "2016-17 Statistical Report for PMNOC Regulations and Data Protection”, Rx IP Update, July 2017; International Law Office Healthcare and Life Sciences Newsletter, September 13, 2017
- "Patented Medicine Prices Review Board releases July 2017 NEWSletter”, Rx IP Update, July 2017; International Law Office Healthcare and Life Sciences Newsletter, September 13, 2017
- "CADTH releases 4th edition of the Guidelines for Economic Evaluation of Health Technologies: Canada”, Rx IP Update, May 2017; International Law Office Healthcare and Life Sciences Newsletter, August 2, 2017
- "CADTH proposes process for assessment of companion diagnostics", RxIP Update, December 2016; International Law Office Healthcare and Life Sciences Newsletter, January 11, 2017
- “Process for Choosing and Vetting an Expert Witness in Patent Cases”, (co-authors Gunars Gaikis and Shirley Liang Komosa), Canadian Intellectual Property Review, June 2016, Volume 32
- "Federal Court quashes Import Ban against Apotex companies," Rx IP Update, November 2015
- "Federal Court of Appeal confirms sound prediction elements self-evident to skilled person need not be disclosed in patent," Rx IP Update, June 2015
- "Section 8 cases: Supreme Court dismisses sanofi-aventis’ ramipril appeal; Ontario Court of Appeal dismisses Apotex’s atomoxetine unjust enrichment appeal," Rx IP Update, May 2015
- "Servier’s application for prohibition order dismissed re: Apotex’s 60 mg modified release gliclazide," Rx IP Update, March 2015
- "Court of Appeal permits Janssen to amend its plea, dissolves STELARA injunction and orders new trial," Rx IP Update, November 2014; Mondaq, November 11, 2014
- "Damages under Patented Medicines (Notice of Compliance) Regulations," International Law Office Intellectual Property Newsletter, July 2, 2012
- "Federal Court releases first decisions assessing damages under section 8," Rx IP Update, June 2012
- "Damages in Patent Infringement and Section 8 Cases: The View from Both Sides" (co-authors: Gunars A. Gaikis, Jordan D. Scopa and Alain J. Laplume), 10th Annual Forum on Pharma Patents, October 2011
- "Minimizing the Risk of Section 8 Damages" (co-authors: Gunars A. Gaikis, Patrick M. Roszell and Alain Laplume), 9th Annual Forum on Pharma Patents, November 2010
- "Strategies in Pharma Patent Litigation" (co-authors: Gunars A. Gaikis, Jordan D. Scopa and Jayda A. Sutton), 9th Edition: Drug Patents in Canada, May 2010
- "Analyzing the Latest Developments in the Law to Identify Emerging Trends, Opportunities and Threats" (co-authors: Gunars A. Gaikis, Urszula Wojtyra and Jordan D. Scopa), 8th Annual Forum on Pharma Patents, October 2009
- "Understanding Key Issues Impacting the Industry Today: Recent Developments in the Law of Patents" (co-authors: Gunars A. Gaikis and Jayda A. Sutton), 7th Annual Forum on Pharma Patents, October 2008
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