Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- Queen’s University (1994) LLB
- Queen’s University (1992) Ph.D. (Pathology)
- Queen’s University (1985) BSc (Honours – Life Sciences)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Cynthia L. Tape
is counsel at Lenczner Slaght.
Cynthia’s practice focuses on patent and commercial litigation. She has extensive experience in pharmaceutical and biotechnology patent cases, and has been involved as litigation counsel in IP and regulatory matters before the Federal Courts, the Ontario Superior Court of Justice, and the Supreme Court of Canada. She has also appeared as counsel in cases before those courts, the Court of Appeal for Ontario and administrative tribunals. Prior to joining Lenczner Slaght, she practiced in the patent and commercial litigation groups of leading Canadian firms.
Cynthia taught patent law at Queen’s University’s Faculty of Law for many years and won the Law Students Society’s award for excellence in teaching. She is a past Chair of the CBA’s National IP Section Executive, and has written papers and spoken at conferences on various IP and regulatory topics. Cynthia is co-editor of the Canadian adaptation of Lubet’s Modern Trial Advocacy: Analysis & Practice, now in its 4th edition.
Before her call to the Bar, Cynthia served as Law Clerk to the Honourable Charles Dubin, Chief Justice of Ontario, and puisne justices of the Court of Appeal for Ontario, and to the Right Honorable Beverley McLachlin, Chief Justice of Canada (retired), at the Supreme Court of Canada.
Prior to attending law school, Cynthia obtained a Ph.D. (Pathology) from Queen’s University. Her doctoral research was on the protein biochemistry of amyloidosis.
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Gilead Sciences, Inc et al v Pharmascience Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent No. 2,845,553.
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Gilead Sciences, Inc et al v Pharmascience Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent Nos. 2,845,553 and 2,990,210.
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Gilead Sciences, Inc et al v Natco Pharma (Canada) Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent No. 2,845,553.
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Gilead Sciences, Inc et al v Apotex Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent Nos. 2,845,553 and 2,990,210.
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Gilead Sciences, Inc et al v Natco Pharma (Canada) Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent Nos. 2,845,553 and 2,990,210.
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Gilead Sciences, Inc et al v Apotex Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent No. 2,845,553.
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Counsel to a global biologics company and a global pharmaceuticals company providing pre-litigation strategic patent advice.
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Teva Canada v Mylan Pharmaceuticals
Counsel to Mylan in a NOC action relating to COPAXONE (glatiramer acetate injection), an immunomodulator medication used to treat multiple sclerosis.
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Merck Sharp & Dohme Corp et al v JAMP Pharma Corporation
Counsel to JAMP in a NOC action relating to JANUVIA (sitagliptin), a medication used to control high blood sugar in people with type 2 diabetes.
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Allergan Inc v JAMP Pharma Corporation
Counsel to JAMP in NOC action relating to FIBRISTAL (ulipristal), a medication used to treat moderate-to-severe signs and symptoms of uterine fibroids in adult women.
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Ontario Bar Association
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The Advocates’ Society
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Fall Regulatory Round Up – The Shifting Shape of the Canadian Landscape
Fall Regulatory Round Up
Activity abounds on the regulatory landscape from modernization and transparency initiatives to consultations, collaborations, and even potential implementations. Our Fall Regulatory Round Up highlights significant developments for drug products and patents that are of interest to those in the life sciences and biotech spaces. We will be following these important regulatory initiatives as they continue to unfold and will provide updates of interest.
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Data-Protection Déjà Vu All Over Again
For the second time in less than a year, Justice St. Louis of the Federal Court has set aside the issuance of a Notice of Compliance (“NOC”) to an innovator drug company and remitted the matter to the Minister of Health (“Minister”) for what will be a third determination in Catalyst Pharmaceuticals, Inc v Médunik Canada (“Catalyst 2022”).
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FCA Narrows Jurisdiction of Drug Price Regulator
The Patented Medicine Prices Review Board (“Board”) regulates the prices of patented medicines in Canada when a patent is found to “pertain” to a medicine. Since 1996, based on the Federal Court of Appeal’s decision in ICN Pharmaceuticals Inc v Canada (Staff of the Patented Medicine Prices Review Board) (“ICN”), the “pertains to” test could be satisfied on the basis of the “merest slender thread” of a relationship between the patent and the medicine.
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Lenczner Slaght Litigators Recognized as the Best Lawyers in Canada
In the 2025 edition of Best Lawyers in Canada, Lenczner Slaght is proud to receive 168 total rankings, with 45 of our expert litigators recognized for their expertise across 25 practice areas.
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IAM Patent 1000 Recognizes Lenczner Slaght’s Expert IP Team
Lenczner Slaght continues to receive worldwide recognition for its intellectual property expertise and is proud to advance to the Silver Tier in the 2024 edition of IAM Patent 1000: The World’s Leading Patent Professionals.
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Lenczner Slaght Stands Out as a Top-Tier Litigation Firm in Legal 500 Canada
Canada’s leading litigation firm is once again recognized as a “litigation powerhouse” according to Legal 500 Canada.
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Lenczner Slaght Litigators Recognized as Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 41 of our expert litigators are recognized for their expertise across 24 practice areas. The following lawyers have also been recognized as “Lawyer of the Year” for receiving the highest overall peer-feedback in their practice areas in Toronto.
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Lenczner Slaght Receives Worldwide Recognition in IP Litigation
Canada’s leading litigation firm continues to be recognized year-over-year for its exceptional Intellectual Property expertise.
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Lenczner Slaght Stands Out as a “Litigation Powerhouse” in Legal 500 Canada
Canada’s leading litigation firm is once again ranked in Tier 1 for Dispute Resolution by Legal 500 Canada.
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Moderna Sues Pfizer and BioNtech for Infringement of Its Covid-19 Vaccine Patent
The Lawyer's Daily interviewed Cynthia Tape on Moderna’s claims against Pfizer and BioNTech for patent infringement.
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Lenczner Slaght Litigators Recognized Among the Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 39 of our expert litigators are recognized by their peers for their expertise across 24 practice areas.
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Lenczner Slaght’s Expert IP Team Receives Worldwide Recognition
Canada’s leading litigation firm continues to be recognized for its exceptional Intellectual Property expertise by IAM Patent 1000.
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The 2022 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
31 of our expert litigators are recognized by their peers as the foremost practitioners across 18 fields.
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The Scope of Patent Agent Privilege Post-Janssen
Cynthia L. Tape shared her expertise at IPIC's webinar titled "The Scope of Patent Agent Privilege Post-Janssen". The panel discussed the Federal Court’s commentary, including communications to which the privilege established by section 16.1 does and does not attach.
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Modern Trial Advocacy: Analysis and Practice, Canadian Fourth Edition
Cynthia L. Tape co-edited the Canadian Fourth Edition of Modern Trial Advocacy: Analysis and Practice. The publication provides not only Canadian case law and statutes, but also valuable insight into the specific elements of Canadian litigation practice.
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Best Lawyers in Canada (2021-2025)
Biotechnology and Life Sciences Practice, Corporate & Commercial Litigation, Intellectual Property, Technology Law
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Canadian Legal Lexpert® Directory (2021-2022)
Life Sciences & Health
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IAM Patent 1000 (2021-2024)
Patent Litigation: Recommended Individual (Bronze)
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Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021)
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Lexpert Special Edition: Canada's Leading Technology & Health Sciences Lawyers (2022)
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The Legal 500 Canada (2023 - 2024)
Intellectual Property (Recommended Lawyer)