What an experience! Osgoode's team is back from their weekend of competition at the聽, and boy did we get a 'bargain'!
罢丑别听聽is intended to promote education in the intellectual property field and to provide students with the opportunity to interact with jurists of the Supreme, Ontario, and Federal Courts and experienced practitioners of intellectual property law. The moot is named in honour of the late聽, one of Canada鈥檚 leading intellectual property scholars and advocates.
This year's moot problem focused on the "patent bargain," and in particular, two hot topics in the world of patent litigation: sufficient disclosure under s.27(3) of the Patent Act and the patentability of diagnostic methods. In the problem鈥檚 hypothetical scenario, the Appellant had patented a process for diagnosing early stage chronic kidney disease through the isolation of a particular bacteria in saliva. The Respondent had admittedly infringed the Appellant鈥檚 patent; however, they had challenged the validity of that patent on the grounds that the Appellant's document contained insufficient disclosure and that the invention claimed was a mere scientific principle (the correlation between the bacteria and the disease). The Appellant was successful at trial; however, the patent was ultimately invalidated by the fictional Intellectual Property Court of Appeal. The moot was an appeal to the Supreme Court of Intellectual Property, the highest court in the land.聽This simple premise was greatly complicated by a number of carefully worded situational factors that allowed for compelling arguments to be made on behalf of either party.
Representing Osgoode at the moot were Benjamin Farrow and Isabella Ssozi on behalf of the Respondent, Faye Alipour and Jason Hayward on behalf of the Appellant, and Jeremy Fisher to round out the team as researcher.聽The team would like to thank our excellent coaches ,听, and聽, all lawyers at . Thanks are also due to聽, Founder & Director of IP Osgoode, who聽served as the team鈥檚 Faculty Advisor. Finally, the team would like to send special thanks to Osgoode's聽Natia Tucci for her never ending patience and logistical support.
The weekend began on Friday with the Fox IP Lecture, which was delivered by the (formerly a Justice of the Supreme Court of Canada). His lecture, which will be published in an upcoming volume of the , was entitled 鈥淜eep your greedy hands off my genes! 鈥 The U.S. Supreme Court鈥檚 invalidation of gene patents and a victory for some basic principles of patent law鈥. Delivered during a delicious lunch at the Arcadian Court, the lecture was a thought-provoking look at recent developments in the world of patent law, and in particular, the U.S. Supreme Court's decision in the .
Following the Fox Lecture, the competitors made their way to the Federal Court of Canada for two preliminary rounds of mooting.聽Each preliminary round had three聽panelists聽from both the judiciary and the intellectual property bar. After the first day of competition, we enjoyed a reception 鈥 graciously hosted by 鈥 where we got the chance to socialize with the other schools鈥 competitors as well as various members of academia, the judiciary and private practice.
Events were back underway early Saturday morning for another two preliminary rounds (each team had the opportunity to compete in three prelimiary rounds). By lunchtime, the semi-finalists were announced, and the four teams selected had the opportunity to compete in front of panels comprised of respected judges from both the Federal Court and Ontario Court of Appeal. Following the semi-finals, only two teams were left:聽Jordan Neal聽and聽Evan Kopiak of聽Western University for the Appellants, and聽Nathan Piche聽and聽Laurel Hogg of the聽University of Ottawa for the Respondents. These four finalists faced off in front of a truly awe inspiring bench. The final panel consisted of IP Osgoode Advisory Board Members聽Justice Marshall Rothstein聽(Supreme Court of Canada) and聽Justice Roger T. Hughes聽(Federal Court of Canada), as well as Justice David Stratas (Federal Court of Appeal), Justice Kathryn Feldman (Ontario Court of Appeal), and the Honourable Ian Binnie, Q.C.聽The finals were extremely entertaining to watch, and everyone agreed that all four oralists performed excellently.
After the finals, competitors made their way to the University Club for the closing ceremonies and awards dinner. After Justice Rothstein delivered a rousing toast, the awards were announced.聽The Harold G. Fox Cup for the best mooting team went to聽Nathan Piche聽and聽Laurel Hogg (University of Ottawa) with runners up聽Jordan Neal聽and聽Evan Kopiak (Western University).聽The Donald F. Sim Award for the best oral advocate went to聽Laurel Hogg (University of Ottawa) with runner up聽Khalid Karim (University of Windsor).聽The Gordon F. Henderson Award for the best factum writers went to Appellants聽Giantommaso Colaneri聽and聽Veronica Tsou (University of Ottawa) and Respondents聽Eric Leinveer聽and聽Sean Husband (University of Toronto).聽The Dimock Stratton LLP award for the best mooter in a non-graduating year went to聽Laurel Hogg (University of Ottawa). Laurel and a teammate will be invited to represent their school at the 2015 Oxford International IP Moot in England.
All in all, the weekend was a huge success, and an experience that we won't soon forget.
(from left) Benjamin Farrow, Isabella Ssozi, Jeremy Fisher, Faye Alipour and Jason Hayward comprised the 2014 Harold G. Fox Moot team for Osgoode Hall Law School. Photo Credit: Alan Macek
Benjamin Farrow is a JD Candidate at Osgoode Hall Law School and a member of this year鈥檚 Harold G. Fox Moot team for Osgoode Hall Law School.