Saturday, November 30, 2013

Justice Marhsall Rothstein on Advocacy in IP Litigation in the Supreme Court of Canada


Here's a remarkable recent talk by Justice Rothstein on Advocacy in IP Litigation in the Supreme Court of Canada. Among other things, he provides frank, wise,and often witty remarks on:
  • leave applications, including the recent rare example of oral argument in the Eli Lilly case
  • the use of a "glossary" in factums
  • the dangers of using disrespectful rhetoric
  • the relative importance of written arguments and some very good tips on how to write them
  • the recent development of a conference amongst the judges 15 minutes before the hearing
  • the recent changes in intervener factum lengths and time limits
  • some insights into split decisions
  • the role of precedent
  • some interesting comments on some specific recent SCC cases and issues
This is a "must" for all law students and even experienced appellate counsel.

Thanks to IP Osgoode for this.

HPK

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