Caroline Jacques: Steering patent litigation | Legal Post | Financial ...

Jim Middlemiss? Jun 19, 2012 ? 12:33 PM ET | Last Updated: Jun 20, 2012 9:39 AM ET

2012 CGCA Litigation WINNER: Caroline Jacques, Abbott Laboratories

Caroline Jacques, senior counsel, Canada for Abbott Laboratories Ltd., has steered more than 30 patent infringement cases through the Federal Court of Canada since joining Abbott in 2006.

A number of the cases have been precedent-setting and help establish the framework for how courts will handle litigation between brand name and generic drug companies under Canada?s Patented Medicine Notice of Compliance Regulations. Thirteen of those cases have found their way to the Federal Court of Appeal.

?It?s been an extremely heavy caseload,? said Ms. Jacques, noting that the litigation involved the ?Canadian patents for top-selling products.?

Lawyers have to stop thinking from just a pure legal point of view

That included leading drugs, such as Biaxin, which treats bacterial infections, Meridia, a weight-loss drug, and Prevacid, used to fight ulcers.

Ms. Jacques is responsible for overseeing all the legal work for Abbott Canada, which employs 2,000 people. It is a subsidiary of Abbott Laboratories.

Ms. Jacques oversees commercial litigation, intellectual property and regulatory matters. The company is also splitting into two separate entities.

She said litigation has become an important part of the pharmaceutical business, as companies fight to protect their patents in an increasingly competitive and litigious industry. She said since 2005, the number of patent cases involving pharmaceutical firms has increased 50%.

In the cases she has handled, fending off attacks on the company?s patents has saved millions of dollars in revenues and hundreds of jobs.

She said the pharmaceutical industry is a challenging place for a litigator. ?We work in a very highly regulated industry under the constant scrutiny of plaintiff lawyers and regulators, both of which are becoming more and more demanding and aggressive. We have to be extremely diligent ? and more demanding from a compliance point of view.?

She said because the company operates internationally, the outcome of a case in Canada can impact the company globally, particularly in personal injury and class-action suits, which she also handles. ?You really have to monitor the cases and be in constant communication within the corporation to make sure that this is an addressed risk.?

She said the fast-growing world of social media is becoming increasingly important for companies when it comes to managing a corporate brand and reputation. Information can spread like a wild fire globally and companies have to be prepared to respond quickly. ?Pharma is always under the lens,? she said, and the ?impact on reputation can be tremendous.?

When it comes to managing litigation, Ms. Jacques, who graduated from the University of Ottawa?s law school and was called to the bar in 1996, said ?sometimes you can be overwhelmed by the number of cases. You really have to identify where there is value and where there is risk.? That?s why it is so important to understand your business.

She added, ?Lawyers have to stop thinking from just a pure legal point of view. They really have to step outside of that box and think like a business advisor more than just legal counsel.?

Establishing an extended team, which includes not only internal people, but outside counsel, and building strong relationships with external stakeholders is also important to weathering litigation storms when they hit.

She said keeping bosses in the loop is a must. ?You need to keep upper management involved and informed of developments. They don?t want any surprises.?

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