Kevin is an accomplished intellectual property litigator with over a decade of experience. Kevin has represented clients in a wide variety of sectors including pharmaceuticals, biologics, oil & gas, telecommunication, agriculture, software, video gaming, entertainment, and consumer goods.

Kevin has substantial courtroom experience and has appeared before the Federal Court, Federal Court of Appeal, Ontario Superior Court, British Columbia Supreme Court, British Columbia Court of Appeal, and the Patent Appeal Board.

In the life sciences sector, Kevin has particular expertise in proceedings under the PMNOC Regulations, acting on behalf of both brand and generic pharmaceutical companies. He has also been counsel in actions for damages and accounting of profits including under s. 8 of the PMNOC Regulations and damages references under the Patent Act.

In the technology sector, Kevin has advised and represented clients on software patent portfolios and standards-essential patents. Kevin also has expertise in copyright law, including on issues relating to software piracy, technological protection measures, and protection of video games and media assets. Kevin’s work is supported by an understanding of business and technology, having gained industry experience at an engineering consulting firm and as a software developer.

Additionally, Kevin is a registered trademark agent and has an active practice in trademark prosecution, assisting clients in obtaining registrations around the world. He also has experience in drafting patents, trademark oppositions, and negotiating intellectual property agreements.

During law school, Kevin was an award-winning mooter. He represented the University of Toronto and won awards at the Oxford International Intellectual Property Moot and the Harold G. Fox Intellectual Property Moot. He also honed his advocacy and leadership skills as President of the University of Toronto Engineering Society.

When not in the office, Kevin might be found cycling in trails around the city, playing hockey, designing models for 3D printing, or collecting retro video games.

* Practising through Kevin P Siu Professional Corporation

Representative Cases

• Bayer Inc et al v Samsung Bioepis Co, Ltd (2024): Counsel for defendants in biosimilar litigation relating to seven patents over aflibercept asserted under the PMNOC Regulations.
• Otsuka Pharmaceuticals Co, Ltd v Accord Healthcare Inc (2023): Counsel for defendant in litigation on two patents for brexpiprazole under the PMNOC Regulations.
• Medexus Pharmaceuticals Inc. et al v Accord Healthcare Inc and Intas Pharmaceuticals Ltd (2024 FC 424): Counsel for the defendants in a patent infringement action relating to methotrexate – successfully invalidated plaintiffs’ patent and obtained a full dismissal of the infringement action.
• Steelhead LNG v ARC Resources Ltd (2022 FC 998, 2023 FC 1684, 2024 FCA 67): Counsel for Steelhead in patent infringement and impeachment actions relating to floating at-shore liquefied natural gas export terminals.
• ViiV Healthcare Company et al v Gilead Sciences, Inc (2020 FC 486, 2021 FCA 122): Counsel for Gilead in a patent infringement action relating to bictegravir – successfully obtained judgment for non-infringement at a contested summary trial.
• Fresenius Kabi Canada Ltd v Health Canada (2020 FC 1013): Counsel for Fresenius Kabi in judicial review against Health Canada on statutory interpretation relating to patentee consent provisions under the PMNOC Regulations.
• Crude Solutions Ltd v MEG Energy Corp (2020 FC 759): Counsel for the plaintiffs in a patent infringement action relating to oil and gas extraction technologies.
• Trade Secrets PI Inc v Beauty Express Canada Inc (2018-2019):Counsel for the defendant/plaintiff by counterclaim in trademark infringement and licensing litigation involving three parties contesting brand ownership.
• AstraZeneca Canada Inc v Apotex Inc (2018 FC 181): Counsel for AstraZeneca in a contested trial for damages brought by Apotex under s. 8 of the PMNOC Regulations relating to esomeprazole – successfully dismissed entirety of claim on legal entitlement arguments.
• AstraZeneca Canada Inc v Apotex Inc (2018 FC 185): Counsel for AstraZeneca in patent infringement proceedings against Apotex relating to esomeprazole – successfully leading to a finding of infringement, patent validity and remedies.
• Boehringer Ingelheim Canada Ltd v Apotex Inc (2017): Counsel for patentee in applications under the PMNOC Regulations relating to dabigatran.
• Otsuka Pharmaceutical Co, Ltd v Apotex Inc (2017): Counsel for Otsuka and BMS in applications under the PMNOC Regulations relating to aripiprazole.
• Nintendo of America, Inc v King (2017 FC 246): Counsel to Nintendo on a precedent-setting case relating to technological protection measures under the Copyright Act.

Awards and Recognition

• Managing Intellectual Property, IP Stars – Patent Star (2025)
• Managing Intellectual Property, IP Stars – Rising Star (2017-2024)

Publications

• Patented Medicines (Notice of Compliance) Regulations, Chapter in Life Sciences Law in Canada, 2nd ed. (Carswell)
• “Patent enforcement proceedings in Canada“, Lexology Panoramic (12 April 2024)
• “Patent prosecution in Canada“, Lexology Panoramic (12 April 2024)
• “Life Sciences & Pharma IP Litigation (Canada)“, Chambers Practice Guides: Trends and Developments (30 January 2024)
• “SEPs and FRAND – litigation, policy and latest developments (Canada)“, IAM Media (8 December 2023)
• “Canada: The New Frontier for Global IP Litigation“, Managing Intellectual Property (24 August 2017)
• “Technological Neutrality: Toward Copyright Convergence in the Digital Age,” University of Toronto Faculty of Law Review, Vol. 71, No. 2 (2013)