Expertise
-
Practice Areas:
- Bar Admissions:
- Education:
- McGill University (2014) LLB/BCL
- McGill University (2011) PhD (Experimental Medicine)
- Concordia University (2010) Graduate Certificate (Business Administration)
- McGill University (2007) MSc (Microbiology and Immunology)
- University of Guelph (2005) BSc (Honours) (Molecular Biology and Genetics)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Kaitlin Soye (she/her)
is a lawyer at Lenczner Slaght.
Kaitlin’s practice encompasses a broad range of intellectual property and commercial litigation. In intellectual property matters, she has patent experience with industries including pharmaceuticals, biologics, oil and gas, and telecommunications; as well as copyright and trademark experience. In commercial litigation matters, Kaitlin has experience in food and drug regulation, employment, product liability, professional liability and regulation, and defamation matters.
Kaitlin is an avid supporter of new members of the legal profession. She acts as a mentor to law students and junior lawyers through several organizations.
Prior to law school, she completed her B.Sc. in Molecular Biology from the University of Guelph, her M.Sc. in Microbiology and Immunology and her Ph.D. in Experimental Medicine from McGill University. She also completed a graduate certificate in business administration at Concordia University. Kaitlin's doctoral research focused on establishing a scientific basis for innovative and alternative therapies to viral infections. She has extensive research experience in molecular biology, nutrition, biochemistry, virology, and infectious disease.
-
Rovi Guides v BCE Inc, Ericsson et al
Counsel to Rovi Guides (a subsidiary of Xperi Holding Corporation) in a patent infringement action involving four patents related to digital entertainment technologies.
-
Aon Reed Stenhouse Inc v Iannetta
Counsel to the successful corporate Defendant in an action seeking injunctive and other extraordinary relief arising from the departure of a former employee of the Plaintiff. Successfully obtained costs against the Plaintiff and resisted the injunctive and other relief as against the corporate Defendant.
-
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.
-
Bayer Inc et al v JAMP Pharma Corporation
Counsel to JAMP in NOC action relating to XARELTO (rivaroxaban), a medication indicated for prophylaxis of deep vein thrombosis.
-
Rovi Guides and TiVo Solutions v Bell Canada
Counsel to TiVo Solutions and its subsidiary Rovi Guides in a patent infringement action, involving patents relating to interactive television program guides, DVR technology, and related technologies.
-
Rovi Guides and TiVo Solutions v Telus Corporation
Counsel to TiVo Solutions and its subsidiary Rovi Guides in a patent infringement action, involving patents relating to interactive television program guides, DVR technology, and related technologies.
-
Rovi Guides and TiVo Solutions v Videotron
Counsel to TiVo Solutions and its subsidiary Rovi Guides in a patent infringement action, involving patents relating to interactive television program guides, DVR technology, and related technologies.
-
Subway Franchise Systems of Canada Inc v Canadian Broadcasting Corporation
Counsel to Subway in a $210 million defamation action against the CBC and Trent University relating to a Marketplace episode.
-
Counsel to Bell Media in a copyright infringement action against VMedia that raised the issue of whether streaming live television over the internet is permissible under the Copyright Act without the copyright owner's consent. (Prior to joining Lenczner Slaght)
-
Counsel to Aux Sable related to invalidating key claims of JL Energy’s patent relating to the transportation of natural gas by pipeline. (Prior to joining Lenczner Slaght)
-
Intellectual Property Institute of Canada - Litigation Committee (2021-present)
-
Law Society of Ontario
-
The Advocates' Society
-
Ontario Bar Association - Member-at-Large of the Information Technology and Intellectual Property Law Executive
-
Toronto Intellectual Property Group
-
First Generation Network - Mentorship Program
-
SCC Leave Denied in Alexion Pharmaceuticals Inc v Canada (Attorney General)
In our blog 2021 Year in Review & 2022 Trends to Watch for Pharmaceutical Patents, we identified Alexion Pharmaceuticals Inc v Canada (Attorney General) as an important case to watch in 2022 as leave to the Supreme Court was filed.
-
The High Bar in Dismissing a Canadian Patent Action Based on a Similar Foreign Proceeding
Following a ‘with prejudice’ dismissal of a patent infringement action in the US, the defendant sought summary judgment in the parallel Canadian proceeding, Google LLC v Sonos, Inc. The defendant argued that: (1) there was no genuine issue for trial on infringement considering admissions by the plaintiff in the US; or (2) summary judgment was warranted under the doctrines of res judicata or abuse of process. This case is interesting because of the substantial similarities between the patents at issue in the US and Canadian actions, including identical claims. Notwithstanding these similarities, the motion for summary judgment failed. Among other reasons, the Court concluded that the plaintiff had not made any factual admissions in the US proceeding, and even if it had, any such factual admissions would not necessarily be determinative of Canadian infringement because of legal differences in claim construction between the US and Canada.
-
The Court Stresses Stability and Coherence: The Top 10 SCC Private Law Cases in 2021
If there is a theme unifying the Court’s most significant private law decisions of 2021, that theme is coherence. From the principles of good faith policing contractual discretion, to the principles defining what policy decisions of public authorities are immune from negligence, this year’s decisions display a Court paying careful attention to order and structure.
Click here for Scott Rollwagen and Kaitlin Soye's case commentary on the top 10 SCC private law cases in 2021.
-
The Federal Court Clarifies the Burden of Proof in Summary Trial
In 2022, the use of summary proceedings in patent matters continues at the Federal Court. In Janssen Inc v Pharmascience Inc, the Court:
-
First Application of the New Prior Use Defence
On January 7, 2022, the Federal Court released the public reasons in Kobold Corporation v NCS Multistage Inc. This summary judgment motion is the first judicial consideration of the prior use defence since the substantial amendments to section 56 of the Patent Act in 2018. Our comments on the procedural aspects of this summary judgment motion are available in a companion post here.
-
Partial Summary Judgment Narrows Patent Infringement Case
The recent patent infringement case of Kobold Corporation v NCS Multistage Inc is interesting for two reasons: (1) it shows how a summary judgment motion can advance a case even if certain issues require a full trial; and (2) it is the first time a court has interpreted the defence of prior use since the 2018 amendments to section 56 of the Patent Act. This post considers the use of summary adjudication. Click here to read our companion post which considers the substance of the prior use defence.
-
Thriving Not Surviving: Key Takeaways from the Young Lawyers Summit
On November 24, 2020, Canadian Lawyer held the Young Lawyers Summit: Thriving in Today’s Changing Legal Industry. Like everything this year, the group gathered virtually for a packed agenda of panel discussions ranging from becoming a thought leader to making time for mental rest and wellbeing. What follows is a short summary of the sessions that we found particularly relevant given our varied experience and roles at the firm.
-
Affirming the ‘Burden’ in the anti-SLAPP Threshold Burden
Earlier this week the Court of Appeal for Ontario released their decision in Sokoloff v Tru-Path Occupational Therapy Services Ltd. This appeal concerns the legislative framework set out in s. 137.1 of the Ontario Courts of Justice Act ("CJA"), colloquially known as the “anti-SLAPP” framework.
-
A Decade in the Making: Federal Court Weighs in on Non-patentable Subject Matter
Many know Amazon as the world’s largest online retailer, a mantle it carries, in part, because of just how easy it is to buy about anything. In fact, as many Canadians know, you can buy something on Amazon with as little as “1-Click”.
-
Patent Injunctions: “Anything but Unusual”
The popular Canadian pastime of snowmobile litigation has turned up yet another interesting decision (Bombardier Recreational Products Inc v Arctic Cat Inc, 2020 FC 946) – this time on the topic of injunctions. This decision of Justice Roy arose from the moving parties’ attempt to vary an Order issued by the Federal Court in Bombardier Recreational Products Inc v Arctic Cat Inc, 2020 FC 691. As Justice Roy noted, the Order itself was “anything but unusual,” and was representative of injunctions issued in patent cases time and time again. Given this and the existing jurisprudence, it was perhaps a predictable result that the parties were denied any relief.
-
Lenczner Slaght Litigators Ranked Among Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 37 of our expert litigators are recognized for their expertise across 25 practice areas.
-
Kaitlin Soye was interviewed by TRaCE McGill on her experiences while completing her PhD how it continues to benefit her legal practice.
-
Our IP Talent Portfolio Continues to Grow
Lenczner Slaght adds another exceptional litigator to its expert Intellectual Property team.
-
Kaitlin Soye and Veronica C. Tsou presented at ILCO's Advanced Litigation Law CLE program. They provided an overview of the key steps in a patent case, including the Federal Court rules, as well as practical ways that Law Clerks can add value to the legal team.
-
Kaitlin Soye spoke at Windsor Law's OCI Demystified event. She shared tips on researching law firms, what to include in an application package, crafting an effective resume, and more.
-
Motions to Inspect Documents or Property
Kaitlin Soye co-authored Chapter 22 “Motions to Inspect Documents or Property” of the LexisNexis publication, Intellectual Property Litigation – Forms and Precedents.
-
In vitro inhibition of mumps virus by retinoids
Kaitlin Soye is the co-author of the article “In vitro inhibition of mumps virus by retinoids” which was published by the Virology Journal.
-
Genotype-driven recruitment: a strategy whose time has come?
Kaitlin Soye is the co-author of the article “Genotype-driven recruitment: a strategy whose time has come?” which was published by BVM Medical Genomics.
-
RIG-I is required for the inhibition of measles virus by retinoids
Kaitlin Soye is the co-author of the article “RIG-I is required for the inhibition of measles virus by retinoids” which was published by PLoS One.
-
Kaitlin Soye co-authored the article “In vitro and in vivo cleavage of HIV-1 RNA by new SOFA-HDV ribozymes and their potential to inhibit viral replication” which appeared in RNA Biology.
-
Kaitlin Soye was a co-author of the study “Inhibition of HIV-1 expression and replication by SOFA-HDV ribozymes against Tat and Rev mRNA sequences” which appeared in Retrovirology.
-
Kaitlin Soye was a co-author of the article “Small interfering RNAs against the TAR RNA binding protein, TRBP, a Dicer cofactor, inhibit human immunodeficiency virus type 1 long terminal repeat expression and viral production” which appeared in the Journal of Virology.
-
Best Lawyers in Canada (2022)
Ones to Watch – Intellectual Property