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Andrew Moeser listen

About

Andrew* is a versatile litigator. His practise is primarily focused on intellectual property litigation, but he is equally comfortable handling a judicial review or a contaminated property dispute. When it comes to complex issues, he gets it§ whether it’s a scientific study or a legal strategy. Possessing a master’s degree in biology and having worked as a coordinator of a phase III clinical trial, Andrew is that combination of litigator and scientist that brings a deep understanding to the issues facing our clients. He makes the situation right by knowing the client’s business and drawing on his diverse litigation experience to provide the fitting solution to any problem. .

Expertise

Details

Andrew Moeser

is a partner at Lenczner Slaght.

Andrew’s practice is primarily focused on intellectual property litigation. In patent matters, Andrew has experience with industries such as pharmaceutical and biologics, information technology, and oil and gas. In trademark, copyright, and trade secret matters, Andrew has represented clients in disputes relating to software, gaming, and beauty products. Andrew also has experience in commercial litigation relating to environmental contamination, and in judicial reviews in regulated industries such as pharmaceuticals and renewable energy.

Andrew has represented clients before all levels of court in Ontario, the Federal Court and Federal Court of Appeal, and the Alberta Court of Appeal.

He has also acted pro hac vice in proceedings in the United States and has extensive experience as part of international teams litigating large cross-border disputes.

Andrew is also an Adjunct Professor at the University of Toronto Faculty of Law, where he supervises a legal clinic providing assistance to the Structural Genomics Consortium, a not-for-profit public-private partnership that engages in precompetitive basic science research to facilitate and enable the discovery of new medicines.

  • Merck Sharp & Dohme Corp et al v JAMP Pharma Corporation

    Counsel to JAMP in NOC action relating to JANUVIA (sitagliptin), a medication used to control high blood sugar in people with type 2 diabetes.

    Sana Halwani, Andrew Moeser, Veronica C. Tsou, Jim Lepore, Alexis Vaughan & Cynthia L. Tape | June 1, 2020

  • Eli Lilly Canada Inc v Mylan Pharmaceuticals ULC

    Counsel to Mylan in multiple related NOC proceedings and appeals relating to patents over CIALIS® (tadalafil); first generic challenge to CIALIS®. Mylan successfully justified allegations of invalidity and non-infringement in respect of a dosage patent and a formulation patent, which allowed Mylan to enter the market four years earlier than it would have otherwise. Lilly abandoned its appeal of the decision on the dosage patent, and the decision on the formulation patent was upheld by the Federal Court of Appeal. (Prior to joining Lenczner Slaght)

    Sana Halwani & Andrew Moeser | December 7, 2000

  • Teva Pharmaceutical Industries Ltd v Mylan Pharmaceuticals ULC

    Counsel to Mylan in a NOC proceeding relating to a composition of matter patent over COPAXONE® (glatiramer acetate – a random polypeptide); this was the first and only Canadian generic challenge to COPAXONE®. Teva and Mylan also litigated in the U.S., U.K., Netherlands and elsewhere over this blockbuster product. Canadian proceeding settled before hearing. (Prior to joining Lenczner Slaght)

    Sana Halwani & Andrew Moeser | December 6, 2000

  • Halliburton Energy Services Inc v BJ Services Company

    Counsel to Halliburton Energy Services in patent infringement litigation regarding wellbore completion patented methods used in North American shale formations. McKool Smith and Gilbert’s formed a cross-border team, and the U.S. and Canadian actions were launched on same day. The proceedings were converted to an arbitration. (Prior to joining Lenczner Slaght)

    Sana Halwani & Andrew Moeser | November 2, 2000

  • Bayer Inc v Fresenius Kabi Canada Ltd

    Counsel to Fresenius in a NOC proceeding relating to patents over AVELOX I.V.TM (moxifloxacin hydrochloride). On a preliminary motion, Fresenius successfully struck the portion of the proceeding relating to a formulation patent. (Prior to joining Lenczner Slaght)

    Andrew Moeser | January 1, 1900

  • Skypower CL 1 LP v Minister of Energy

    Counsel to Skypower, a renewable energy developer, in a judicial review relating to an Ontario government program for renewable energy projects. (Prior to joining Lenczner Slaght)

    Andrew Moeser | January 1, 1900

  • Microsoft Corporation v Liu

    Counsel to Microsoft in copyright infringement litigation relating to unlicensed software. Microsoft was awarded statutory and exemplary and punitive damages. (Prior to joining Lenczner Slaght)

    Andrew Moeser | January 1, 1900

  • AmTote International v Exacta Systems

    Counsel to AmTote, a subsidiary of The Stronach Group, in trade secret and false advertising litigation relating to historical horse racing gaming technology. (Prior to joining Lenczner Slaght)

    Andrew Moeser | January 1, 1900

  • Comweb Toronto Realty Inc v Transmetro Limited and the City of Toronto

    Counsel to landowner (Comweb) in civil actions and municipal prosecutions relating to environmental contamination and groundwater contaminant migration. (Prior to joining Lenczner Slaght)

    Andrew Moeser | January 1, 1900

  • Fresenius Kabi Canada Ltd v Minister of Health

    Counsel to Fresenius in a successful judicial review relating to IDACIOTM (adalimumab). The Federal Court ordered the Minister to immediately approve Fresenius’ product. (Prior to joining Lenczner Slaght)

    Andrew Moeser | January 1, 1900

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  • University of Toronto Faculty of Law - Adjunct Professor, Clinical Legal Education: Externship - Structural Genomics Consortium (2016 - present)

  • Intellectual Property Institute of Canada

  • The Advocates’ Society

  • Canadian Bar Association

  • Ontario Bar Association

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