Lesley is a partner in Aitken Klee’s Ottawa office. Aitken Klee is a law firm specializing in intellectual property including trademark, copyright litigation. It has offices In both Toronto and Ottawa and has over 13 lawyers many with undergraduate degrees in science and/or engineering.
Lesley practices primarily in patent issues including patent clearance and validity opinions and patent litigation, including pursuant to the Patented Medicines (Notice of Compliance) Regulations. She has acted for both plaintiffs and defendants in patent actions. Her main areas of practice are related to chemistry and pharmaceutical and agricultural sciences. She has extensive experience advising pharmaceutical companies both brand and generic with respect to intellectual property and regulatory issues.
Lesley has been involved in a number of important patent infringement / impeachment actions. She successfully acted for the defendant in Sanofi-Aventis Canada Inc. v. Teva Canada Limited, 2009 FC 676 an impeachment and infringement action relating to the drug ramipril and a patent directed to the compound ramipril. She also acted for the defendant in Novopharm Limited v. Eli Lilly and Company, 2010 FC 915. This action was an impeachment and infringement action relating to the drug atomoxetine and its use in treating ADHD. She has also acted for the plaintiff in an impeachment action (Teva Canada Innovation v. Pharmascience Inc., 2020 FC 1158) involving the drug (glatiramer acetate in a dose of 40 mg administered three times a week.
Lesley also has extensive experience drafting settlement agreements relating to patent actions. Representative cases which resulted in positive settlements include Celgene Inc. and Celgene Corporation v. Natco Pharma (Canada) Inc. (lenalidomide), Astrazeneca Canada Inc. v. Teva Canada Limited (rosuvastatin), Hoffmann-La Roche Limited v. Teva Canada Limited (erlotinib), Janssen Inc.. v. Teva Canada Limited (abiraterone). She has also successfully advised clients on how to settle patent actions before they are commenced.
Lesley also has experience with collecting damages including damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations. These damages actions include Sanofi-Aventis Canada Inc. v. Teva Canada Limited (ramipril), Sanofi-Aventis Canada Inc. v. Teva Canada Limited (olanzapine), and Teva Canada Limited v. Pfizer Canada Inc. (pregabalin)