Jane E. Caskey

Biography

Jane Caskey practises intellectual property law, including patent and trade-mark infringement litigation, trade-mark prosecution and opposition work, licensing, injunctions and commercial litigation. She is a member of our Executive Committee.

Ms. Caskey has extensive experience as an advocate at both the trial and appellate levels on applications and motions, as well as at trial, and appears regularly before the Federal Court of Canada and the Superior Court of Justice of Ontario. Ms. Caskey also participates in resolving client issues through negotiation/alternative dispute resolution and has broad experience as an advocate on arbitrations and mediations, and before administrative tribunals.

Year of Call

• Ontario Bar 1996

Year of Registration

• Canada (trade-marks) 2007

Law School

• LL.B., McGill University, 1994

EDUCATION

• B.A. (Hons.), University of Western Ontario, 1991

Selected Client Work

Ms. Caskey has acted for the following clients:

• Warner Chilcott plc in its acquisition and financing of Procter & Gamble's worldwide pharmaceuticals business for US$3.1 billion
• Pfizer Ireland Pharmaceuticals and Pfizer Research and Development Co. N.V./S.A. in litigation with Lilly Icos LLC before the Federal Court of Canada regarding the import, distribution and sale of Cialis
• Tamko Roofing Products, Inc. in litigation with Ideal Roofing Co. before the Federal Court of Canada
• Lifescan, Inc. in litigation with Novopharm Ltd. before the Federal Court of Canada
• London Insurance Group Inc. and another respondent in an oppression remedy proceeding brought by a group of minority shareholders before the Ontario Superior Court of Justice
• The family of an accident victim in litigation with Galion Solid Waste Material Inc. before the Court of Appeal for Ontario
• A third party in litigation pertaining to solicitor-client privilege before the Ontario Court, General Division

Publications

• "When Employees Claim Inventions," Counsel to Counsel, November 2008.
• "Intellectual Property, Recent Developments of Importance" (co-author), Lexpert, February 2002.
• "When is Use of a Name on a Website Cybersquatting?", Lawyers Weekly, September 21, 2001.
• "B.C.S.C. Extends Traditional Trade-mark Principles to Internet," Lawyers Weekly, June 22, 2001.

Speaking Engagements

• "Disconnect in the Canadian Courts' Approach to Drug Patents - Favouring Economic Rights over Exclusivity yet Falling Short on Compensation," Insight, January 2006.
• "Intellectual Property License Agreements (Patents and Trade-marks): Obligations of the Licensee," The Canadian Institute, December 8, 2004.

Rankings and Recognitions

• Lexpert's Leading Litigators to Watch, 2008
• Lexpert's Top 40 Under 40, 2007

Memberships and Activities

• Toronto Intellectual Property Group
• Canadian Bar Association
• The Advocates' Society

Directorships

Women's Law Association
Huron University Corporation
Society of Obstetricians and Gynacologists of Canada