Norman Siebrasse

Professor

Law, Faculty of

Ludlow Hall 210A

Fredericton

norman.siebrasse@unb.ca
1 506 453 4725



Research interests

  • Patent law
  • Patent remedies
  • Pharmaceutical patents
  • Intellectual property and commercial law

Biography

Professor Siebrasse joined UNB Law in 1993, after receiving an LLM from the University of Chicago and clerking at the Supreme Court of Canada for the Honourable Madam Justice McLachlin during the 1991-1992 term. His research and writing focuses on patent law, particularly pharmaceutical patent law, patent remedies and the intersection of intellectual property law and commercial law.

His blog Sufficient Description comments on recent Canadian patent law cases, and is widely read by the Canadian patent bar. His writing, including his blog, is regularly cited by the Canadian courts.

He is an active member of the Intellectual Property Institute of Canada (the national association of intellectual property lawyers) and is a member of Life Sciences and Patent Legislation Committees.

He is a member of the steering committee for the project on International Patent Remedies for Complex Products (INPRECOMP). Complex products, such as smart phones, may embody thousands of patents. This raises difficult remedial questions such as how to assess monetary damages due to infringement of one individual patent, and whether a smart phone should be kept off the market entirely because it violates a single patent. These issues have been at the heart of litigation between parties such as Apple, Motorola, Microsoft and Huawei.

The INPRECOMP project has brought together leading international patent scholars in a collaborative environment to identify areas of existing consensus, to build new consensus where possible, and to identify areas in which further research is required. Professor Siebrasse is editor of the resulting book, entitled Patent Remedies and Complex Products: Toward a Global Consensus, to be published by Cambridge University Press in 2018.

Courses taught

  • Intellectual Property Law
  • Commercial Law
  • Remedies
  • Competition & Trade Regulation

Selected publications

N. Siebrasse & T. Cotter, "The Value of the Standard" (2017) 101 Minnesota Law Review 1159-1246

N. Siebrasse & T. Cotter, "A New Framework for Determining Reasonable Royalties in Patent Litigation" (2016) 68 Florida Law Review 929-999

N. Siebrasse, Form and Function in the Law of Utility: "A Reply to Gold & Shortt" (2015) 30(2) Canadian Intellectual Property Review 109-66

A. Duggan & N. Siebrasse, "Disclaimer, Affirmation and Assignment of Intellectual Property Licences" (2014) 3 Journal of the Insolvency Institute of Canada 163-87

N. Siebrasse, "The False Doctrine of False Promise" (2013) 29(1) Canadian Intellectual Property Review 3-56

N. Siebrasse, "Must the Factual Basis for Sound Prediction Be Disclosed in the Patent?" (2012) 28 Canadian Intellectual Property Review 39-80

N. Siebrasse, "The Rule Against Abstract Claims: A Critical Perspective on US Jurisprudence" (2011) 27 Canadian Intellectual Property Review 3 - 30

N. Siebrasse, "The Rule Against Abstract Claims: History and Principles" (2011) 26 Canadian Intellectual Property Review 205 - 229

N. Siebrasse, "The Structure of the Law of Patentable Subject Matter" (2011) 23 Intellectual Property Journal 169 - 204

SSRN author page

Curriculum vitae