David Turgeon is a lawyer, patent agent, and regional co-chair of Fasken Martineau’s Technology and Intellectual Property Practice Group. He represents clients before the courts, obtains patent protection, and provides advice on intellectual property matters. David’s experience spans a broad range of industries and clients, with a particular focus on the life sciences (including biologics/bioequivalents), biomedical devices, and manufacturing industries.
David specializes in high-stakes patent litigation that involves clients’ flagship products. As lead counsel on major patent cases, he formulates litigation strategies that are both cost-effective and outcome-effective for clients. Many of David’s cases involve cross-border or multi-jurisdictional patent litigation. As a result, David has developed an expertise in formulating global patent litigation strategies and coordinating clients’ litigation across multiple jurisdictions. As a global litigation chair, he focuses on controlling costs and achieving synergies between national files.
David has extensive experience in patent litigation at trial and on appeal, having represented clients before both the Federal Court and Federal Court of Appeal. His representative experience includes:
- Stryker Corp. v. Umano Medical Inc.: David is lead counsel in this patent infringement lawsuit, which involves Umano Medical’s best-selling hospital beds. In addition to leading the Canadian litigation, David oversees proceedings before the United States International Trade Commission (ITC), and provides strategic support to American ITC counsel.
- Arctic Cat Inc. v. Bombardier Recreational Products: David was co-chair of BRP’s patent defense team in this infringement file, which related to the ignition timing of snowmobile engines.
- Bombardier Recreational Products v. Arctic Cat Inc.: David was a senior litigator in this patent infringement case, which involved several patents owned by BRP in connection with new snowmobile frame configuration and rider positioning.
- Eurocopter S.A.S. v. Bell Helicopter Textron: David was a senior litigator representing Eurocopter (now known as Airbus Helicopters) in its successful patent infringement lawsuit against Bell Helicopters. This case is the leading Canadian decision on awarding punitive damages for patent infringement, and the first case to do so in the history of Canada. It involved simultaneous lawsuits in Canada, the United States, and France.
- Apotex v. H. Lundbeck A/S (escitalopram); Leo Pharma Inc. v. Teva Canada Ltd. (calcipotriol and detamethasone dipropionate); Duchesnay Inc. v. Apotex Inc. (doxylamine/pyridoxine): David acted as a technical-legal consultant in these cases, contributing his subject-area expertise in the field of life sciences and biotechnology to Fasken’s litigation teams.
Patent Prosecution and Intellectual Property Asset Management
As a registered patent agent in both the United States and Canada, David drafts litigation-ready patents in both jurisdictions. He also advises clients on building and managing their patent and industrial design portfolios, and currently manages hundreds of applications and patents for leading organizations around the world. As with litigation, David adopts a global approach to obtaining patent protection, both in Canada and internationally.
David also advises clients on patent availability and freedom-to-operate searches. His legal and scientific expertise is also put to use in commercial transactions where intellectual property plays a crucial role.
Doctoral Degree Scientific Expertise
David holds both a Doctorate and Master’s Degree in Physiology-Endocrinology, as well as a Bachelor in Microbiology. He has published several peer-reviewed scientific papers and has received several awards for his scientific contributions. David’s extensive scientific credentials allow him to offer deep insights to clients operating in the life sciences, biomedical devices, and manufacturing industries. In particular, David has a personal interest in biologics, bioequivalents, and the law surrounding these cutting-edge pharmaceutical products.