John A. Myers

University of Manitoba Faculty of Law; Law Society of Manitoba Bar Admissions Course; Mr. Myers is a frequent speaker at conferences and seminars in Canada and the United States relating to all aspects of intellectual property with a focus on the pharmaceutical industry. A detailed speaking vitae is available upon request.

• “Protecting and Enforcing Intellectual Property Rights: a (Short Primer)”, with John-Paul Bogden. The 1998 Isaac Pitblado Lectures.

Range of Litigation and Regulatory Matters

With the assistance as required of an experienced team of others lawyers and paralegals, Mr. Myers conducts the following types of litigation:

• copyright, trademark, domain name and patent disputes
• proceedings under the Patented Medicines (Notice of Compliance) Regulations
• confidential information and trade secret disputes
• acting as a supervising solicitor for the execution of Anton Piller orders
• issues arising from employee migration in high-tech industry sectors
• responding to regulatory issues, primarily in the pharmaceutical field
• supervising litigation and commercial arbitrations in the United States, Europe and Asia
• appearing as counsel for organizations that represent the interests of persons with disabilities at a number of inquests examining the deaths of disabled children and adults.
Peer Recognition
• Recipient of the Manitoba Bar Association’s Pro Bono Public Interest Project Certificate of Recognition for 2008 (“Bannerman” Project)
• Recipient of the Teddy Award from the Children’s Hospital Foundation in September, 2006
• Recipient of the Commemorative Medal for the Golden Jubilee of Her Majesty Queen Elizabeth II for making a “significant contribution to the community, his fellow citizens and to Canada” as an advocate for child health and pediatric research
• Recipient of the Manitoba Bar Association’s Pro Bono Public Interest Project Certificate of Recognition for 1999 (various projects)
• Recipient of the Manitoba Bar Association’s Community Involvement Award for 1996-1997
• Accepted the Mayor’s Volunteer Service Award on behalf of more than 1,500 Teddy Bears’ Picnic Volunteers in 1996
• William McAllum Memorial Scholarship for the Study of Law (1987-1989).
Cases of Note
• Apotex Fermentation Inc. v. Novopharm Ltd., (1998) CanLII 4886 (MBCA). Obtained an award of damages and costs totaling $6.5M as well as a six year injunction in a case involving the misappropriation of trade secrets relating to a pharmaceutical product.
• Apotex Fermentation Inc. v. Novopharm Ltd., 2000 CanLII 20744 (MBQB). Obtained an order extending the duration of an injunction imposed against Novopharm for an additional 18 months, bringing the total to 7.5 years.
• Finlay v. Canada (Minister of Finance), (1993) 101 D.L.R. (4th) 567 (SCC). A challenge to the Government of Canada’s interpretation of the Canada Assistance Plan relating to overpayment deductions from welfare recipients.
• Rodriguez v. British Columbia (Attorney General), (1993) 107 D.L.R. (4th) 342 (SCC). Represented a disability rights organization in a case involving a challenge to the Criminal Code provisions related to assisting suicide.
• Pulse Microsystems Ltd. v. SafeSoft Systems Inc., 1996 CanLII 7295 (MBCA). A successful appeal which set aside an Anton Piller order and established guidelines for granting such orders.
• Shaw Cablesystems (Manitoba) Ltd. v. Canadian Legion Memorial Housing Foundation (Manitoba), (1997), 143 D.L.R. (4th) 193 (MBCA). Obtained an order preventing a cable company from unilaterally terminating a 25-year old service contract entered into with a non-profit housing cooperative.
• Winnipeg Child and Family Services (Northwest Area) v. D.F.G., [1998] 1 W.W.R. 1 (SCC). Acted for an intervenor in a case which examined a court’s jurisdiction to order a pregnant woman into a treatment program for substance abuse.
• Merck & Co. v. Canada (Minister of Health), 1999 CanLII 8752 (FCA). Successfully defended Apotex Fermentation Inc. in a judicial review proceeding that attempted to quash a Notice of Compliance for the drug Apo-Lovastatin.
• Canada (Attorney General) v. McKenna, (1998) 167 D.L.R. (4th) 488 (FCA). Represented the Intervenor Adoption Council of Canada in relation to provisions of the Citizenship Act that discriminate against adoptive families. Ms. McKenna’s two adopted children were ultimately granted Canadian citizenship.
• M & D Farms Ltd. v. Manitoba Agricultural Credit Corporation, 1998 CanLII 779 (SCC). Obtained an injunction preventing the Manitoba Agricultural Credit Corporation from selling farm property and ultimately obtained an order returning the farm property to the debtor.
• Merck & Co. v. Pharmaforte PTE Ltd. [2002] 2 SLR, 515 (H.C.); affirmed [2000] 3 SLR 717 (C.A.). Successful defence of Singapore distributor for Apotex Inc. where the trial and appeal courts concluded that there was no infringement of certain process claims and the court declared the product claims of Merck’s patent to be invalid.
• News Datacom Ltd. et al v. Northern Satellite Technologies Ltd. et al. Unreported Order of Darichuk J. granted October 24, 2000 (MBQB). Acted as supervising solicitor for the execution of an Anton Piller order in the direct to home satellite television industry.
• Paul Clark et al v. Nucare PLC, 2006 MBCA 101. A successful appeal which set aside a Mareva injunction and attaching order and established guidelines for granting such orders.
• AstraZeneca Canada Inc. et al v. Manitoba et al, 2006 MBCA 21. (Leave to appeal to the Supreme Court of Canada refused.) Successful appeal relating to the manner in which the drug Apo-Omeprazole is to be listed on the Manitoba Interchangeability Formulary