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
Thanks to IP Osgoode for this.
HPK
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