IPIC Announces Peter Wilcox as Recipient of the Peter W. McBurney Memorial Award for Professional Excellence

The IPIC Peter W. McBurney Memorial Award for Professional Excellence recognizes an intellectual property (IP) professional in Canada, who demonstrated excellence in their practice during the past year in the successful prosecution of a landmark patent or trademark property, the prosecution or defense of a legal action where the result has a significant, positive impact on Canadian IP policy, or who has made an extraordinary contribution to the IP profession. IPIC’s Board of Directors is pleased to announce Peter Wilcox as the recipient of the Peter W. McBurney Memorial Award for Professional Excellence. Peter Wilcox was presented with this prestigious award on September 27, 2024, in recognition of his extraordinary contributions to the IP profession.

The IPIC Peter W. McBurney Memorial Award for Professional Excellence recognizes an intellectual property (IP) professional in Canada, who has demonstrated excellence in their practice during the past year.  The Award aims to honour those involved in the successful prosecution of a landmark patent or trademark property, or the prosecution or defense of a legal action where the result has a significant, positive impact on Canadian IP. Peter was nominated for his successful role as lead counsel representing Janssen in patent litigation involving the drug paliperidone palmitate. Over the last 12 months, Janssen has been successful on multiple appeals to the Federal Court of Appeal in respect of paliperidone, in which significant patent law issues pertaining to infringement, invalidity and procedure have been raised. We are grateful for Peter’s years of dedication, contribution, and hard work to the IP profession. — Paula Clancy, IPIC President 2023-2024

Peter Wilcox is a lawyer, registered patent agent, registered trademark agent, and partner at Belmore Neidrauer. Peter is one of the most prominent and highly regarded patent trial lawyers in Canada. His practice focuses on complex intellectual property litigation, with an emphasis on pharmaceutical and biotechnology patent litigation, including Patented Medicines (Notice of Compliance) proceedings.

Peter represents clients in patent and trademark disputes. He has represented clients in many areas, including medical devices, pharmaceuticals, biotechnology, oil and gas drilling equipment, food supplements, consumer goods, and computer hardware and software.

He received the award for his successful litigation as lead counsel at Belmore Neidrauer representing Janssen in patent litigation under the PM(NOC) Regulations involving the drug paliperidone palmitate. This litigation has been successful against multiple generic drug companies. Over the last 12 months, Janssen has been successful on multiple appeals to the Federal Court of Appeal in respect of paliperidone, in which significant patent law issues pertaining to infringement, invalidity and procedure have been raised.

Peter has appeared before the Supreme Court of Canada, the Canadian Federal Court and Federal Court of Appeal and the Ontario courts at the trial and appellate levels, as well as the Canadian Trade-marks Opposition Board. He also has jury trial experience in U.S. district courts.

Peter has been frequently and consistently recognized by his peers and clients as a leading intellectual property litigator. Chambers recognizes Peter as a prominent and highly regarded patent disputes lawyer who has represented numerous industry leaders in the pharmaceutical and broader life sciences sector in complex patent litigation. Chambers notes that Peter vigorously advances his client's interests and has a great courtroom presence. Who’s Who Legal recognizes Peter as a “go-to litigator.”IAM Patent 1000 says that Peter is a “litigator par excellence” and is a repository of trust for his clients.

About Peter W. McBurney:

Peter W. McBurney was a member of the IPIC for 62 years and Past President of IPIC from 1985-1986. Following his graduation from university in 1957, Peter trained to become a patent agent in the patent department of Canadian General Electric in Toronto, Canada. He joined the IP department of McCarthy&McCarthy as a Registered Canadian and United States Patent Agent (1959) and a Registered Professional Engineer (Ontario). After 10 years, he and Donald F. Sim, Q.C., with Harold G. Fox, Q.C as counsel, founded the pre-eminent patent and trademark agency firm, Sim & McBurney, where he remained for more than 45 years in the capacity of Founding Partner, Senior Partner and finally, Senior Consultant. In 2015, he became one of the founders of Aird & McBurney, a leading Canadian intellectual property boutique and sister firm to Aird & Berlis LLP where he remained a valued and active colleague until his passing.

Peter specialized in patent and industrial design preparation and prosecution; patentability and freedomto-operate opinions; assistance in designing to avoid infringement; and licensing in a wide range of fields, but particularly electronics. He practised directly before both the Canadian and United States Patent Offices and had wide experience in patent prosecution in other countries, particularly in Europe and Asia. He authored a number of articles pertaining to various aspects of patent practice and a sought-after speaker at seminars for clients and conferences sponsored by technical groups and societies invested in intellectual property. In addition to his multi-year involvement in the Professional Engineers Ontario and AIPPI, Peter served on the IPIC Board of Directors for 8 years.