Our Team

Andrew Bernstein

Partner

	Direct: 416.865.7678 Office: Toronto Fax: 416.865.7380 Email: abernstein@torys.com

	Andrew is recognized by Chambers & Partners as one of Canada's leading IP litigators and was recently named a Leading Lawyer under 40 by Lexpert.

Practice

Andrew Bernstein's practice focuses on business law disputes, including intellectual property, commercial and public law matters. A significant portion of his practice involves patents, copyright, trademarks, trade secrets and domain names disputes arising in the life sciences, information technology, media and other industries. Andrew has substantial expertise in pharmaceutical patents cases. He also has expertise in advertising and regulatory law, both inside and outside the pharmaceutical industry.

Andrew maintains an active commercial litigation practice, including considerable experience in class actions, licensing, contract and tort actions. He also has substantial expertise in public law, having acted for both public and private sector clients in administrative hearings, judicial reviews and Charter matters. Andrew also frequently advises and defends traditional and new media clients on defamation and free expression issues.

Andrew is also an experienced appellate lawyer, and has appeared numerous times in Divisional Court, the Ontario and Federal Courts of Appeal, and the Supreme Court of Canada.

Recognitions

Chambers Global: World’s Leading Lawyers for Business, The Client’s Guide, 2008-2013—Leading lawyer in intellectual property litigation

Intellectual Asset Management's IAM Patent 1000: The World's Leading Patent Practitioners, 2012—Leading lawyer globally

Best Lawyers in Canada, 2013—Leading lawyer in intellectual property

Intellectual Asset Management's IAM Patent Litigation 250: The World's Leading Patent Litigators, 2011—Leading lawyer globally

Lexpert's 2010 Rising Stars: Leading Lawyers Under 40—One of Canada's leading lawyers under 40

Intellectual Asset Management's IAM Life Sciences,250: The World's Leading Life Sciences Patent Litigators, 2010—Leading lawyer globally

Lexpert's Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada—Canadian litigation lawyer to watch (2008-2010)

Cases

Andrew has recently been involved in representing

Pfizer Canada in proceedings related to Pfizer's drugs Norvasc®, Accupril®, Viagra®, Zithromax®, Xalatan® and Celebrex®
Rogers Communications Inc., including CITY-TV, in various proceedings relating to defamation and copyright, including a class action
a major Canadian financial institution in the defence of a business method patent and confidential information claim by a former employee
Eisai Co., a Japanese pharmaceutical company, in proceedings relating to its drug Aricept®
a major consumer products company, in several different proceedings, before Advertising Standards Canada's trade complaints tribunal
the Canadian Civil Liberties Association before the Supreme Court of Canada in several leading cases involving defamation
Canadian Association of Broadcasters, in a successful judicial review from the decision of the Copyright Board of Canada before the Federal Court of Appeal
The Thomson Corporation in Robertson v. Thomson, a dispute about the intersection of copyright and information technology, at all level of Court, including the Supreme Court of Canada
Canadian artist Haydn Davies in a claim against the former owner of his internationally recognized work Homage for breach of the Copyright Act
a Canadian pharmaceutical manufacturer in judicial review proceedings against Health Canada in respect of regulatory matters
the Government of Canada on a case involving an alleged breach of s. 15 of the Charter before the Federal Court of Appeal
various agencies of the Ontario Government in defending judicial reviews on administrative and/or constitutional law grounds

Professional Involvement

In 1997 and 1998, Andrew served as a law clerk to Chief Justice Lamer of the Supreme Court of Canada. In 2003–2004, Andrew obtained his LLM at the University of California (Berkeley), primarily focusing on intellectual property law.

Currently, Andrew is a member of the executive of the Canadian Bar Association’s Intellectual Property section.

Selected Publications and Presentations

Unpacking the "Promise of the Patent"
Co-author, Canadian Intellectual Property Review | Forthcoming

Conducting Litigation in the Social Media Age
Co-author | July 31, 2012

Ontario Court Rules on Litigation Privilege and Internal Investigations
Ultimate Corporate Counsel Guide | May 2012

IP Goes Digital (What This Means to Litigators)
Speaker, LSUC 16th Annual Intellectual Property Law - The Year in Review, Toronto | January 12, 2012

Don't Fear the Amicus — Class Counsel Fee Approvals After Money Mart
Class Action Defence Quarterly, vol. 6, no. 1 | September 2011

The Art of Cross-Examination
Moderator, Canadian Bar Association, Ottawa | May 5, 2011

Update on Copyright Law
Intellectual Property Institute of Canada Webinar | March 30, 2011

Sufficiency and Utility
Intellectual Property Institute of Canada (Quebec City) | October 15, 2010

Electronic Evidence: Sources, Organization, Admissibility, Preservation, Spoliation
Osgoode’s seventh annual conference on Evidence Law for the Civil Litigator | October 7, 2010

Electronic Evidence: Proving the Authenticity of Electronic Evidence
The Canadian Institute’s conference on Advanced Evidence (Ottawa) | June 23, 2010

Update on Copyright Law
Intellectual Property Institute of Canada Webinar | April 13, 2010

Internet Copyright
Federated Press's 3rd Internet Law 2009 | December 8, 2009

Class Actions and Waiver of Tort—Where Do We Go from Here?
Class Action Defence Quarterly, vol. 4, no. 2 | December 2009

Civil Litigation Skills Certificate Program Dynamic Discoveries: Principles and Practice
The Advocates' Society | December 3, 2009

Copyright and Class Actions
Speaker, Torys Technology Law Speaker Series Lecture, University of Ottawa | November 25, 2009

Federal Court Practice Seminar
Osgoode Hall's 6th Annual Conference on Crown Liability | November 19, 2009

Evidence for Litigators
The Advocates' Society | November 5, 2009

Coming Clean on Disclosure
The Canadian Institute's 8th Annual Forum on Pharma Patents, Toronto | October 29-30, 2009

Fair Dealing and File Sharing in a Post-Robertson World
Copyright Webinar, Intellectual Property Institute of Canada | October 13, 2009

Supreme Court of Canada PLAVIX Decision: The Aftermath
Chair and speaker, Insight Info's 8th Edition Drug Patents and Legal Forum, Toronto | May 28-29, 2009

What's Obvious About (or After) Sanofi?
Presentation to the Licensing Executives’ Society | January 22, 2009

User Generated-Content
Federated Press's Internet Law | December 10, 2008

The Legal Framework of Crown Litigation—Navigating Through the Procedural Maze
Osgoode's Fourth Conference on Crown Liability, Toronto | November 14, 2008

Supreme Court of Canada Upholds Selection Patents
Torys Intellectual Property Bulletin | November 6, 2008

Patentability of Business Methods: U.S. Court Decides Bilski
Intellectual Property Bulletin | October 31, 2008

Demystifying Selection Patents
Speaker, The Canadian Institute's 7th Annual Forum on Pharma Patents: Patent Protection and Regulation of Biologics and Subsequent Entry Biologics, Toronto | October 30, 2008

The Intersection of Administrative Law and IP
Moderator, Intellectual Property Institute of Canada, Toronto | October 17, 2008

Bringing/Responding to a Federal Court Action: Procedural and Legal Issues
Osgoode Professional Development's Forum on the Practical Guide to Federal Court Advocacy, Toronto | October 2, 2008

Advocacy Before the Federal Court in Intellectual Property Matters—Expert Witnesses
Moderator, Canadian Bar Association | May 8, 2008

Journalists shouldn't rely on new defamation defence
The Lawyers Weekly | March 21, 2008

Demystifying Recent Developments in Pharma Patent Litigation—What's New in Invalidity?
Pharma Patents, Canadian Institute, Toronto | October 17, 2007

Courtesy and Civility in the Courtroom and Elsewhere
Intellectual Property Institute of Canada, Vancouver | October 13, 2007

Digital Media: The Fight in Robertson v. Thomson
University of Toronto, Faculty of Law | April 18, 2007

Recent Topics in Invalidity: Obviousness, Anticipation and Utility
Moderator, Intellectual Property Institute of Canada, Ottawa | April 6, 2007

Essential Information for Bringing Your Claim Against the Federal Crown
Osgoode Hall Continuing Education, Toronto | December 6, 2006

Liability of Media for User-Generated Content: Copyright, Defamation and Negligence
Co-author and co-presenter, Ad Idem Conference, Montreal | November 18, 2006

Basics: Fundamentals of Canadian Pharma Patent Law
Post-conference workshop, The Canadian Institute's 5th Annual Forum on Pharma Patents, Toronto | October 18, 2006

Conflicts: Where and How to Draw the Line
Co-author, 80th Annual IPIC Conference, New Brunswick | September 27-30, 2006

Considering the Constitutionality of the Trade-marks Act: a Case Comment on Kirkbi AG v. Ritvik Holdings Inc.
Federated Press’s Intellectual Property, vol. 12, no. 3 | August 1, 2006

Trial Advocacy
Moderator, Canadian Bar Association, Intellectual Property Section Annual Program in Advocacy in the Federal Court in Intellectual Property Matters, Ottawa | May 18, 2006

Hot Topics for Brands and Generics
Insight Information's Pharma Patents Conference, Toronto | February 27-28, 2006

Case Law Update: Privacy and Freedom of Information
Ad Idem Conference, Halifax | November 12, 2005

Sands Shift for Pharma Patents
Americas Enforcement Focus 2005 | November 1, 2005

Cyberlibel: Defamation-Proofing Your Online World
Co-presenter, Ninth Annual IT Law Association Conference, Montreal | October 27-28, 2005

Federal Court of Canada: Jurisdiction, Practice and Procedure
Post-conference workshop, Litigation Against the Crown, Canadian Institute, Toronto | May 6, 2005

Patent Litigation: Choosing Between the United States and Canada
The Metropolitan Corporate Counsel | February 1, 2005

The Patented Medicine (Notice of Compliance) Regulations
Pre-conference workshop, Pharmaceutical Patents, Canadian Institute, Toronto | November 8, 2004

E-Commerce Regulations Coming Soon
Information Technology & E-Commerce, Ontario Bar Association newsletter, vol. 6, no. 1 | October 1, 2004

ISP Liability: Canada Proposes Copyright Reforms
MLRC MediaLawLetter | May 1, 2004

How to Stop Grey Goods
Brand Management Focus 2004 | April 1, 2004

The Ethics of Discovery
The Ethics of Tactics Over Merits, Canadian Bar Association CLE Program | October 2003

The Same, Only Different: The Status of the Abstraction-Filtration-Comparison Test in Ontario
Ontario Intellectual Property Institute of Canada Bulletin | December 30, 2002

Don’t Shoot the Messenger! A Discussion of ISP Liability
Canadian Journal of Law and Technology, vol. 1, no. 2 | July 30, 2002

Web-based Providers: Anonymity and the Legal Process
Co-author with T. Piper, Internet and E-Commerce Law in Canada | October 2000

Web-Based Providers, Anonymity and the Legal Process
Internet and E-Commerce Law in Canada | October 1, 2000

Primacy to Privacy? The Supreme Court and the Privacy Threshold in Edwards
Co-author with J. Lawn, vol. 55, no. 2, University of Toronto, Faculty of Law Review | 1997

Selected Media Highlights

March 5, 2012: Thomson Reuters to vigorously defend claim in class action, says Andrew Bernstein in Law Times

November 26, 2010: Andrew Bernstein and Arlen Sternberg are among Canada's leading lawyers under 40

September 29, 2010: Torys receives four Lexpert Zenith Awards for our pro bono work

June 16, 2010: The law regarding waiver of tort in many areas is still unsettled, says Andrew Bernstein in Financial Post

June 30, 2004: Supreme Court ruling is clearly a pro-Internet, pro-service provider decision, says Andrew Bernstein in The Globe and Mail

Memberships

Intellectual Property Section, Canadian Bar Association
Information Technology Section, Media and Entertainment Section, Ontario Bar Association
The Advocates' Society

Practice Areas and Industry Groups

Administrative and Regulatory Advertising and Marketing Class Actions Constitutional Copyright Corporate and Securities Litigation Industrial Designs Intellectual Property Intellectual Property Litigation Life Sciences Litigation and Dispute Resolution Media and Defamation Patents Technology Litigation Technology, Media and Telecom Trademarks White Collar Crime

Bar Admissions

Ontario, 1999, (Treasurer's Medal)

Education

LLM (Fulbright Fellow), 2003
University of California (Berkeley)

LLB (Gold Medallist), 1997
University of Toronto

BComm (FC Honours, Economics), 1994
McGill University