Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- Osgoode Hall Law School (2005) LLB
- Memorial University of Newfoundland (2002) BSc (Chemistry) (Honours)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Jenene Roberts (she/her)
is counsel at Lenczner Slaght.
Jenene practises in the area of intellectual property litigation. With a particular focus on patent litigation, Jenene has significant experience and expertise in litigating cases in the pharmaceutical industry. She also appears regularly before the Federal Court of Canada in complex patent litigation, and has appeared before the Federal Court of Appeal.
Jenene is also a registered trademark agent. She has been involved in trademark opposition proceedings and expungement proceedings, having appeared before the Trademarks Opposition Board.
Prior to law school, Jenene worked as a research assistant for three years as an undergraduate chemistry student at Memorial University of Newfoundland, where she was also a recipient of numerous awards, including The Captain Robert A. Bartlett Science Award as the top undergraduate student graduating from the Faculty of Science.
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City of Hamilton Judicial Inquiry
Counsel to the City of Hamilton in a Judicial Inquiry into the Red Hill Valley Parkway.
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Bristol-Myers Squibb Canada v Apotex Inc
Counsel to a generic pharmaceutical company in the successful motion for summary dismissal of patent proceedings relating to the drug aripiprazole, which is used to treat schizophrenia, on the basis of non-infringement. (Prior to joining Lenczner Slaght.)
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Valeant Canada LP v Apotex Inc
Counsel to a generic pharmaceutical company in the successful motion for summary dismissal of patent proceedings relating to the drug metformin, which is used to treat diabetes, on the basis of non-infringement. (Prior to joining Lenczner Slaght.)
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Eli Lilly Canada Inc v Apotex Inc
Counsel to a generic pharmaceutical company in the successful dismissal of a patent proceeding relating to the drug prasugrel, which is used to prevent blood clots, on the basis of obviousness. (Prior to joining Lenczner Slaght.)
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Counsel to a generic pharmaceutical company in the successful dismissal of a patent proceeding relating to the drug abiraterone, which is used to treat prostate cancer, on the basis of obviousness. (Prior to joining Lenczner Slaght.)
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Sunovion Pharmaceuticals Canada Inc et al v JAMP Pharma Corporation
Counsel to JAMP in NOC action relating to LATUDA (lurasidone), an anti-psychotic medication used to treat bipolar depression and schizophrenia.
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Takeda Canada Inc v Canada (Health)
Counsel to a generic pharmaceutical company in the successful dismissal of a patent proceeding involving three patents relating to the nasal spray ciclesonide, on the basis of obviousness. (Prior to joining Lenczner Slaght.)
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Counsel to a generic pharmaceutical company in the successful dismissal of a patent proceeding relating to the birth control drug drospirenone, on the basis of non-infringement. (Prior to joining Lenczner Slaght.)
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Teva Canada Innovation v Apotex Inc
Counsel to a generic pharmaceutical company in the successful dismissal of a patent proceeding relating to the drug rasagiline, which is used for the treatment of Parkinson’s disease, on the basis of non-infringement. (Prior to joining Lenczner Slaght.)
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Hoffman-La Roche Limited v Apotex Inc
Counsel to a generic pharmaceutical company in the successful dismissal of a patent proceeding relating to the drug rasagiline, which is used for the treatment of Parkinson’s disease, on the basis of non-infringement. (Prior to joining Lenczner Slaght.)
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The Advocates' Society
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Intellectual Property Institute of Canada - Patent Committee (2021-present)
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Bill C-27 and the Proposed Artificial Intelligence and Data Act: Oversight of AI in Canada is Coming
On June 16, 2022, Canada’s Minister of Innovation, Science and Industry introduced Bill C-27, titled “An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts” (short title, the Digital Charter Implementation Act, 2022), in the House of Commons.
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AI and IP: Who or What Can Be an Author or Inventor in Canada?
There have been two recent and notable developments with respect to artificial intelligence (“AI”) and intellectual property (“IP”) rights in Canada. A preliminary legal question at the intersection of AI and IP is whether AI can be granted authorship in the case of copyright or inventorship in the case of patents for something that it generated. Jurisdictions around the world are facing the same issues. This blog post discusses Canada’s first foray into this new frontier.
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Skill for dosing patients belongs in a doctor’s office, not a patent’s claims
In a May 12, 2021 decision (Hoffmann-La Roche Limited v Sandoz Canada Inc) from Justice Manson of the Federal Court, the asserted claims of two patents were found to be invalid as methods of medical treatment, which are not patentable in Canada. The asserted claims of both patents were also found invalid on the basis of obviousness, and one patent’s asserted claim was additionally invalid for obviousness-type double patenting. No direct infringement was found for either patent, but induced infringement of certain claims of one patent was also found.
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Lenczner Slaght Welcomes Jenene Roberts
Canada’s leading litigation firm is pleased to announce that Jenene Roberts has joined its Intellectual Property Group as Counsel.
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CBA Intellectual Property Online Symposium
Jenene Roberts and Veronica C. Tsou will be presenting at the CBA's IP Professional Development Program. Veronica will lead a session on "Summary Disposition in IP Cases" and Jenene will share her expertise on the panel discussion "The First Judicial Interpretation of the New Prior Use Defence – Added Clarity or Complication?".
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AI Tools and IP Rights: Inside the Fight to Have Software Programs Legally Recognized As Inventors
Jenene Roberts authored a Lexpert article exploring whether AI can be recognized as an inventor or owner of a patent.
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Managing Intellectual Property: IP STARS (2021)
Rising Star