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.
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.