David J. Heller

Profile
David Heller is a partner of Ridout & Maybee LLP in the firm’s Toronto office. His practice encompasses international portfolios protecting a broad range of IP rights, with specialization in the areas of pharmaceuticals, biotechnology, nuclear, mechanical, and chemicals.

Prior to his legal career, David conducted physiology research for the Department of National Defence, and transplantation research for Toronto’s Sunnybrook Medical Centre. He was also Assistant Science Policy Advisor to the Ontario Minister of Labour.

David’s passion for his work comes from helping clients move from the start-up stage to become successful international corporations, in part due to diligent IP protection and enforcement. David has been recognized as a leading IP lawyer in the Chambers Global Guide in 2012, 2013, and 2014, in which he was praised as “commercially aware, to the point and easy to get along with”.

Away from the office David enjoys canoeing, kayaking, snowmobiling, skiing, and spending time with his family.

Education
B.Sc. (Honours Biology/Chemistry), 1989, University of Waterloo; LL.B., 1994, University of Toronto; Barrister & Solicitor, Province of Ontario, 1996; Registered Patent Agent, Canada, 1997; Registered Trade-mark Agent, Canada, 1997

Memberships
Intellectual Property Institute of Canada (IPIC), Associate; IPIC Biotechnology Legislation Committee (Toronto Biotechnology Initiative); American Intellectual Property Law Association (AIPLA); International Federation of Industrial Property Attorneys (FICPI Biotech Committee); International Association for the Protection of Industrial Property (AIPPI); Guest lecturer for the University of Toronto Masters of Biotechnology Program; Osgoode Hall Law School, York University (Instructor, Structuring, Negotiating and Drafting Intellectual Property Licensing Agreements).

Areas of Practice
Patents; Trademarks; Copyright; Industrial Designs; Trade Secrets; Licensing; Biotechnology & Pharmaceutical Law

Published Works
Heller D. & Agha, K. “Deep into the Genome; A Roundtable Discussion on IP, Patenting, and Personalized Medicine” BioBusiness, pp. 10-12, July/August 2012; Heller, D. & Lee, J. “Amazon Finally Wins”, Canadian Lawyer InHouse, Vol. 7, Issue 3, June/July 2012; Heller, D. & Komarnicki, V. “Canada: Bar Raised for Attacking Patent Validity in Canada; Duty of Candour Narrowed”, Mondaq, December 19, 2011; Heller, D. & Lee, J. “Privilege continues to evade patent agents”, The Lawyers Weekly, September 17, 2010; Heller, D. & Anand, N. “Functional Pharma Claim Flawed, Finds Federal Court of Canada”, APLF IP Law Bugle, June 2010; Heller, D. & Boulakia, C. “Beware Of What Your Canadian Patent Lawyer Is Saying”, APLF IP Law Bugle, March 2010; Heller, D. & Roach M. The Role of Subsequent Entry Biologics – Intellectual Property 2008, XIV(2), 854-858; David Heller and Adrian Zahl, “Proposed regulations to adjust generic balance,” Managing Intellectual Property (Focus- Life Science: Canada), March 2005; Heller, DJ and JD Wilson, “Harvard Mouse Trapped: Transgenic higher life forms not patentable in Canada”. Carswell: Legal Alert, 21(11):82-85, 2003; Heller, DJ, “Canada Rules That Transgenic Animals are Nonpatentable”. Genetic Engineering News, 23(2): 6, 59, 60, 2003; Heller, DJ, “Court allows patent on Harvard Mouse”. Law Times, August 21, 2000; Heller, DJ, “Will patents on plants be detrimental to the developing world.” Law Times, July 17, 2000

Honour/Awards
Named as a Leading Canadian Intellectual Property Lawyer in the Chambers Global 2013 Guide to the World’s Leading Lawyers.