LL.B./B.C.L., McGill University, 1993
M.A.Sc., Technical University of Nova Scotia, 1985
B.Eng., Mechanical Engineering, Memorial University, 1983

• Quebec 1994
• Canada (trademarks) 1995
• Professional Engineer, Ontario 1986

• Brian Daley is counsel to major pharmaceutical companies such as AstraZeneca, Cephalon, DuPont, Elan, Gilead, GlaxoSmithKline, Merck & Co., Pfizer, sanofi-aventis and Servier. He advises them on intellectual property, data protection and regulatory compliance
• Brian advises clients in the aerospace and refrigeration industries and in 2015 completed an important trial for a client in this industry

Recent decisions of note in which Mr. Daley has acted include: 

• TearLab Corporation v. I-MED Pharma Inc. and The Regents of the University of California, 2018 FC 164  (court file T-300-16). Represented I-MED Pharma Inc. in its successful defence of an action for patent infringement brought by TearLab Corporation. I-MED successfully asserted that the claims of TearLab's patent that were allegedly infringed were invalid for obviousness and lack of novelty. I-MED also won an order entitling it to recover its costs and disbursements from TearLab 
• TearLab Corporation v. I-MED Pharma Inc. and The Regents of the University of California, 2017 FCA 8 (court file A-199-16) appealing 2016 FC 606 (court file T-300-16). Represented I-MED Pharma Inc. as lead counsel in the appeal of judgments dismissing interlocutory and interim injunctions in a medical device patent infringement action
• Gilead Sciences, Inc. et al v. The Minister of Health and Apotex Inc, 2016 FC 857 (court file T-1694-14). Represented Gilead as co-lead counsel in an application to prevent a generic drug company from coming to market with a generic version of an important anti-HIV drug prior to patent expiry
• Toromont Industries Limited v Carnot Réfrigération Inc., (court file T-393-13). Represented Toromont in English and French in a patent infringement trial in April 2015
• Merck & Co., et al v Apotex Inc. (court file T-2792-96). Acted for Merck and AstraZeneca in a damages reference after successfully suing Apotex for patent infringement
• Gilead Sciences, Inc. v Teva Canada Limited, 2013 FC 1270. Obtained an order prohibiting the minister of health from issuing marketing authorization (notice of compliance) to Teva in respect of various drugs containing tenofovir disoproxil fumarate
• Apotex Inc. v Pfizer Canada Inc., 2013 FC 493. Acted for Pfizer in defence of a claim for damages under s. 8 of the Patented Medicines (Notice of Compliance) Regulations
• Apotex Inc. v Merck & Co., Inc. 2010 FC 287. Acted for Merck in a claim for damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations. Successfully limited the period during which Apotex claimed damages

• Chambers Canada, Nationwide: Intellectual Property: Litigation (Band 4), Chambers and Partners, 2022-2025
• Best Lawyers in Canada: Intellectual Property Law, 2013-2025; Biotechnology and Life Sciences Practice, 2024-2025 
• Chambers Global, Canada: Intellectual Property: Litigation, Chambers and Partners, 2022-2024 
• Thomson Reuters Stand-out Lawyers, 2024 
• Canadian Legal Lexpert Directory, 2013-2024: recommended in Life Sciences & Health; 2017-2024: recommended in Intellectual Property; 2013-2014, 2018-2024: recommended in Litigation - Intellectual Property
• IAM Patent 1000: World's Leading Patent Professionals, 2012, 2015, 2017, 2019, 2021-2022, and Individuals: Litigation, Law Business Research Ltd., 2012, 2015, 2017, 2019, 2021-2024
• Lexpert Special Edition: Technology  and Health Sciences, 2021 and recognized leader, 2023
• Who's Who Legal: Canada - Life Sciences, Patents 2010-2011, 2014-2015, 2017, 2020
• LMG Life Sciences (2017)
• Co-lead counsel for Gilead in litigation against Apotex that was chosen as one of the top three "Canadian IP Impact Cases of the Year" for 2016 by LMG Life Sciences
• Who's Who Legal: Life Sciences, 2016

• “How a Company Manages Litigation and Settlement” (co-presenter: Maya Medeiros), McGill/IPIC Understanding Patents Course, July 18, 2023.
• "Patent Case Law Series 2023/Claim Construction," Intellectual Property Institute of Canada webinar, presenter, April 3, 2023.
• "Comparison of US and Canadian pharmaceutical litigation," (co-presenter with Jeffrey I.D. Lewis, Mital B. Patel and Christopher Guerreiro), American Intellectual Property Law Association, December 1, 2022.
• "Patent Case Law Series 2022/Claim Construction," Intellectual Property Institute of Canada webinar, presenter, March 8, 2022.
• "Year in Review in IP Law / Patent Law," Intellectual Property Institute of Canada webinar, moderator, February 8, 2022.
• Testimony before the House of Commons' Standing Committee on International Trade in view of its study entitled "Canada's International Trade and Investment Policy: Selected Considerations Concerning COVID-19 Vaccines," April 19, 2021.
• "Is it Really So Obvious? Recent Struggles to Apply the Sanofi Test for Obviousness" (co-presenter with David Turgeon), Intellectual Property Institute of Canada webinar, November 19, 2019.
• "Unpacking Canada's New & Improved Intellectual Property Legislation: What's New, What's Changed and What It Means for You," AIPLA Annual Meeting, Washington, DC, October 25, 2019.
• "Damages or Accounting of Profits - A Valuator's Guide,"  Intellectual Property Institute of Canada webinar (co-presenter with Jeff Pellarin and Denise Lacombe) February 26, 2018.
• "Interlocutory Injunctions: The Unicorns of Patent Law,"  Intellectual Property Institute of Canada webinar (co-presenter with Professor Norman Siebrasse), November 10, 2017.

• Canadian Bar Association
  • Member, National Intellectual Property Section Executive
• Intellectual Property Institute of Canada
  • Past chair, Montreal Informals Committee
• American Intellectual Property Law Association
  • Professional Programs Committee
• International Association for the Protection of Intellectual Property
• Old Brewery Mission
  • Member of the board of directors
• Justice Pro Bono
  • Volunteer
• Centraide/United Way Montreal life sciences solicitation chapter
  • Volunteer
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