Torys' rapid ascent in IP litigation has been noted by international clients. "It is creative and just has incredible business acumen," said a client. "It can also translate and communicate extremely complex issues to digestible formats." Thirteen of the world's 20 largest pharmaceutical companies turn to the firm for representation. Pfizer has selected Torys as the sole Canadian member in its network of go-to firms, the Pfizer Legal Alliance. The firm also represents Procter & Gamble, the top filer of trade marks in the country.
Peers and clients said the firm's strength is that its IP practitioners, above all else, are litigators. "I think they're intellectually curious and aggressive in court – that's a good combination," said a peer. Competitors named Andrew Shaughnessy, Peter Wilcox and Andrew Bernstein as top performers. Clients praised patent and trade mark agent Eileen McMahon for her seemingly effortless ability to navigate tough situations. "Eileen has never once let me down," one said. "She is so astute and so highly respected that we can go into what would normally be confrontational meetings with government, and they sit up and listen."
The firm successfully represented Pfizer before the Federal Court of Appeal against Novopharm's claims that the company's patent on Viagra was invalid. The case addressed issues of sufficiency and utility, for the first time clarifying that sufficiency is to be answered on a claim-by-claim basis.