Yael Bienenstock

Yael Bienenstock

Senior Associate
Toronto: 416.865.7954
Fax 416.865.7380

Education

JD, 2006
University of Toronto
MSc (Atmospheric Chemistry), 2001
York University
BSc (Dean's List, With Great Distinction), 1996
McGill University

Bar Admissions

Ontario, 2007

Overview

Yael Bienenstock’s litigation practice focuses on commercial litigation, intellectual property cases, and public law matters. She has experience in a variety of industries, including life sciences, media, oil and gas and consumer products. She has experience in patent litigation under the Patented Medicines (Notice of Compliance) Regulations, and related regulatory proceedings concerning leading drug products for international and North American pharmaceutical companies. She has appeared as counsel in various levels of courts, including the Federal Court of Appeal, the Ontario Court of Appeal and the Supreme Court of Canada.

Representative Work

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Insights

Canada Federal Court Questions Disclosure Requirement in Sound Prediction Cases

Westlaw Journal Pharmaceutical, Volume 30, Issue 7

Federal Court Questions Disclosure Requirement in Sound Prediction Cases

On July 2, 2014, the Federal Court released its trial decision on the validity of the patent for esomeprazole, a proton pump inhibitor (PPI) sold by AstraZeneca as Nexium® for the treatment of gastric-acid-related diseases. Esomeprazole is a single enantiomer of omeprazole, which was known to be an effective PPI at the time the patent was filed.

Professional Involvement

Yael is a member of the Forums and Seminars Committee of the Intellectual Property Institute of Canada.

She is also a member of the Advocates' Society and the Intellectual Property Section of the Canadian Bar Association.