Yoon Kang

Yoon Kang is a Principal in Smart & Biggar's Toronto office where her practice has focused on patent litigation and prosecution for close to 30 years.

Yoon is a leader in the life sciences practice in the firm’s Toronto office. Yoon counsels global pharmaceutical innovators and research institutions on all aspects of patent rights including in small molecules and biologics inventions, and plays a leading role in the firm’s life sciences litigation practice. Yoon has significant experience as the lead counsel, representing pharmaceutical clients before the Federal Court and Federal Court of Appeal in complex patent litigation, including under the Patented Medicines (Notice of Compliance) Regulations. Most recently, Yoon and her team successfully appealed to the Supreme Court of Canada on the controversial question of “promised utility”. The Supreme Court of Canada, in an important and highly anticipated decision, AstraZeneca Canada Inc v Apotex Inc (2017 SCC 36), rejected the “promise doctrine” and clarified the requirement for patent “utility” in Canada. The unanimous decision represents an important victory for innovators seeking protection in Canada.