Kristin Wall
Partner, Lawyer, Trademark Agent
Norton Rose Fulbright Canada LLP
Related services and key industries
Biography
Kristin Wall provides strategic legal counsel in all areas of intellectual property law, including patent, trademarks, industrial design and copyright matters.
She has extensive experience advising the innovative pharmaceutical and medical device industry in a breadth of complex litigation and administrative proceedings under the Patent Act, Food and Drugs Act, Patented Medicines (Notice of Compliance) Regulations, Patented Medicines Regulations, Certificate of Supplementary Protection (CSP) Regulations and Food and Drug Regulations.
Kristin has acted in many of the first litigation proceedings started under Canada's CETA-reformed patent legislation, including as counsel in the first series of court challenges under the amended Patented Medicines (Notice of Compliance) Regulations and CSP Regulations to secure patent term restoration. She frequently advises clients on drug pricing, and litigated two pharmaceutical industry-wide court challenges to regulations and guidelines governing the Patented Medicine Prices Review Board (PMPRB).
Her advisory work focusses on regulation that is most susceptible to litigation, including issues involving pricing, reimbursement, access to information, supply chain, licensing, Patent Register listings, data protection exclusivity, CSPs. Her in-depth understanding of how her clients are regulated enables Kristin to risk manage, issue-spot and develop early litigation and market exclusivity strategies.
She is a registered trademark agent and her trademark practice focuses on the registrability of trademarks, brand strategy and general trademark litigation. Her copyright practice focuses on copyright authorship and ownership disputes and providing opinions on licensing and enforcement.
Kristin has appeared at all levels of the Federal Court and before the Supreme Court of Canada. She is a frequent presenter and author, and is editor of the firm's Pharma in Brief bulletin.
Professional experience
Collapse allLL.B., University of Ottawa, 2004
M.A., McGill University, 2001
B.A., McGill University, 1999
- Ontario 2005
- Canada (trademarks) 2007
Kristin has acted for the following clients:
- Multiple pharmaceutical companies in two industry-wide pharmaceutical challenges against Canada's newly reformed drug pricing regulations and guidelines governing the PMPRB
- Eli Lilly (Forteo®), Ferring (DDAVP®), GlaxoSmithKline (Shingrix®), Hoffmann-La Roche (Herceptin®), Human Care, Merck (Belsomra®, Keytruda®), Novo Nordisk (Victoza®), Pfizer (Viagra®, Xalatan®), and ViiV Healthcare ULC (Juluca®) in various proceedings under the Patent Act
- EpiCept, Gilead, GlaxoSmithKline and Novo Nordisk under the Food and Drugs Act
- Innovative Medicines Canada, the industry body for Canada's innovative pharmaceutical industry, generally advising on matters of intellectual property, law reform and Supreme Court of Canada intervention/amicus briefs
- Pfizer in various trademark, passing off and industrial design matters to protect the pill design for Viagra®
- Fairmont Hotels in various trademark prosecution and litigation matters to protect company trademarks and corporate name
- His Highness the Aga Khan in various copyright proceedings
- Best Lawyers in Canada: Intellectual Property Law, 2024-2025
- Chambers Canada, Nationwide: Life Sciences - Regulatory/Compliance, Chambers and Partners, 2021-2025
- Chambers Canada, Nationwide: Intellectual Property - Litigation, Chambers and Partners, 2025
- Canadian Legal Lexpert Directory, 2021-2024: recommended in Life Sciences & Health; 2022-2024: recommended in Intellectual Property; 2024: recommended in Litigation – Intellectual Property
- IAM Patent 1000, Litigation, Law Business Research Ltd., 2021-2024
- Managing IP, IP Stars, 2021-2024: Patent star and Trademark star
- Managing IP, IP Stars, 2021-2024: Top 250 Women in IP
- Thomson Reuters Stand-out Lawyers, 2022-2023
- Who's Who Legal: Canada 2023 - Life Sciences, Patent Litigation
- Expert Guides, Women in Business Law, Patents, Legal Media Group, 2022
- LMG Life Sciences Awards 2021: Impact Case of the Year (Canada) Natco Pharma v. Minister of Health and Gilead Sciences (2020 FC 788)
- LMG Life Sciences Awards 2021: Canadian Patent Litigator of the Year
- “CSP Versus SPC: Time for Canada to Make Formulation Patents Eligible for Certificates of Supplementary Protection” (co-author: Clemens Rübel), Canadian Intellectual Property Review (CIPR) Vol. 37 – 2024 pp. 34-42 (Peer-Reviewed).
- Pharma in Brief - National Pharmacare Bill tabled, March 1, 2024.
- Pharma in Brief - Dormant drug status can trigger generic access to an alternate Canadian Reference Product, February 8, 2024.
- Pharma in Brief - 2023 Year in Review and Trends for 2024, January 10, 2024.
- Pharma in Brief - Transferring drug submission does not require re-serving Notice of Allegation, October 22, 2023.
- "Canada Proposes New Law to Introduce Patent Term Adjustment" (co-authors: Paul Jorgensen, Anna Wilkinson), IPOwners Quarterly July, 2023.
- The Law Reviews, The Intellectual Property Review, tenth edition: Canada (patents, trademarks, copyright, industrial design), May 2023.
- 2022 Guide to Canada's Pharmaceutical Intellectual Property Regime.
- Pharma in Brief - Federal Court issues first decision on patent term restoration – Minister's decision denying certificate of supplementary protection (CSP) is unreasonable, April 8, 2020.
- Pharma in Brief - Canada completes domestic ratification of CUSMA, April 5, 2020.
- “Intervention in IP Litigation Proceedings,” IPO Canadian Practice Committee, March 26, 2024.
- "Natural Selection and the Origin of the Species Patent: Are Selection Patents Evolving or Dying Out?" (panel speaker), Intellectual Property Institute of Canada, October 13, 2023.
- "Government prescription drug pricing policy and the interplay with investment in life sciences" (panel speaker), International Bar Association, July 13, 2023.
- "Digitizing the life sciences sector: Quick hits on trends and risks" (panel speaker), Pharmaceutical Compliance Congress Canada Conference, June 7, 2023.
- "Rare diseases and the continuous challenge of marketing an orphan drug" (panel speaker), IBA 9th Annual World Life Sciences Conference, June 1, 2023.
- "The Impact of Vavilov: Is Judicial Review Now a Remedy of No Resort?" (panelist), Canadian Bar Association IP Day, April 26, 2023.
- 15th Annual Harold G. Fox Intellectual Property Moot (panelist), February 24, 2023.
- "Certificates of Supplementary Protection (CSP)" (panel speaker), Toronto Intellectual Property Group, April 13, 2022.
- "Update on Virtual Trials" (panel speaker), 10th Annual Patent Colloquium, University of Toronto, January 28, 2022.
- "Advanced Trial Preparation: The Full Strategy" (panel speaker), Canadian Bar Association, November 26, 2019.
- Canadian Bar Association
- Law Society of Ontario
- Intellectual Property Institute of Canada
- The Advocates’ Society
- International Association for the Protection of Intellectual Property
- International Bar Association
- Intellectual Property Owners Association
Insights
Canada’s patent term adjustment system comes into force in new year
Publication | December 19, 2024
Patent ownership challenge leads to split decision by the FCA
Publication | September 20, 2024
Ambiguity is unambiguously alive ground to invalidate patent claims
Publication | August 7, 2024