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.
Chambers Canada—Leading lawyer in intellectual property: litigation (2016-2021); litigation: Ontario (2021)
Chambers Global—Leading lawyer in intellectual property: litigation (2008-2020)
The Legal 500 Canada—Leading lawyer in intellectual property (2019-2021)
IAM Patent 1000: The World’s Leading Patent Practitioners—Leading lawyer in litigation (2011-2020)
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys—Litigation Star (Commercial, IP) (2018-2020)
Managing IP’s IP Stars (Patent star) (2019-2021)
Best Lawyers in Canada—Leading lawyer in corporate and commercial litigation, intellectual property law, technology law (2013-2021)
Lexpert/American Lawyer's Guide to the Leading 500 Lawyers in Canada—Leading lawyer in intellectual property, corporate commercial litigation and intellectual property litigation (2013-2021)
The Canadian Legal Lexpert Directory—Leading lawyer in intellectual property (2013-2020); intellectual property litigation (2013-2020); corporate commercial (2017 - 2020); biotechnology (2018-2020); class actions (2019-20); defamation and media (2019-2020)
Who’s Who Legal—Leading Canadian lawyer in patents (2013-2020); life sciences (2014-2020)
Best Lawyers in Canada—Intellectual property law lawyer of the year (2018) (Toronto)
Lexpert’s Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada—Leading lawyer in intellectual property litigation (2011 and 2013)
Lexpert/Thomson Reuters’ Guide to the Leading U.S./Canada Cross-Border Corporate Lawyers in Canada—Most Frequently Recommended lawyer in dispute resolution (2018)
IAM Life Sciences 250: The World’s Leading Life Sciences Patent Litigators—Leading lawyer globally (2010)
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.
Memberships and Affiliations
Intellectual Property Section, Canadian Bar Association
Information Technology Section, Media and Entertainment Section, Ontario Bar Association
The Advocates' Society