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1996 Oral History Interview

Mr. David Watson

Interview Details
Year: 1996
Pages: 140
Status: Open

This oral history features patent lawyer David Watson discussing approximately twenty significant patent cases from his career spanning the 1950s through the 1990s. Watson describes his evolution from a junior lawyer handling technical aspects of cases alongside Gordon Henderson to becoming a leading patent counsel in his own right. He provides detailed accounts of landmark cases involving compulsory licensing, industrial designs, patent validity challenges, and emerging areas like biotechnology patents.

Watson’s cases covered diverse industries including pharmaceuticals, chemicals, rubber manufacturing, forestry equipment, and food processing. He discusses the practical aspects of patent litigation, including the challenges of translating complex technical concepts for judges, the evolution of expert witness procedures, and the transition from the Exchequer Court to the Federal Court system. The interview reveals Watson’s role in establishing important legal precedents, particularly in biotechnology patents with the Abitibi case (first patent on living matter) and his unsuccessful but legally significant attempt to patent plant varieties in Pioneer Hi-Bred.

The discussion also covers Watson’s partnership at what became Gowling, Strathy & Henderson, his transition to counsel status in 1987, and reflections on the competitive dynamics between Ottawa’s major patent firms. Watson’s technical engineering background proved crucial in cross-examining expert witnesses and preparing complex technical arguments for appellate courts, including numerous appearances before the Supreme Court of Canada.

This description was written by AI and may contain some inaccuracies.

References

The following are a selection of topics discussed in this oral history.

Courts
  • Exchequer Court of Canada
  • Federal Court of Appeal
  • Federal Court of Canada
  • Ontario Court of Appeal
  • Supreme Court of Canada
Government Bodies
  • Commissioner of Patents
  • Department of Agriculture
  • Department of Justice
  • Minister of Health
  • Patent Office
Historical Events
  • Introduction of Compulsory Licensing Regulations
  • Patent Act Amendments
  • Patent Medicine Notice of Compliance Regulations
  • Plant Breeders' Act Enactment
  • Transition from Exchequer Court to Federal Court
Jurisdictions
  • Canada
  • England
  • Federal
  • Ontario
  • Quebec
  • United States
Law Firms
  • Blake, Cassels
  • Gowling, Strathy & Henderson
  • Lang Michener
  • McCarthy TĂ©trault
  • Smart & Biggar
Legal Cases
  • Angelstone Limited v. Artistic Stone Ltd.
  • Armstrong Cork Canada Ltd. v. Domco Industries Ltd.
  • Crila Plastics Industries Limited v. Ninety-Eight Plastic Trim Limited
  • Dairy Foods, Inc. v. Co-operative Agricole de Granby
  • Dufournet v. Canadian Corporation for the 1967 World Exhibition
  • Electric Reduction Co. of Canada Ltd. v. Crane
  • Eli Lilly and Company v. Marzone Chemical Ltd.
  • Eli Lilly and Company v. Novopharm Limited
  • Fine Chemicals of Canada Limited v. Parke, Davis & Co.
  • Formea Chemicals Ltd. v. Polymer Corp. Ltd.
  • General Tire & Rubber Co. v. Dominion Rubber Co.
  • Mady v. Robert C. Wian Enterprises Inc.
  • Monsanto v. The Commissioner of Patents
  • Omark Industries v. Gouger Saw Chain Co.
  • Owens-Illinois Inc. v. Keohring Waterous Ltd.
  • Philco Corporation v. Radio Corporation of America
  • Pioneer Hi-Bred Limited v. Commissioner of Patents
  • Radio Corporation of America v. Raytheon Manufacturing Co.
  • Re Application of Abitibi Company
  • Re: Goldenberg
  • Reeves Brothers Inc. v. Toronto Quilting & Embroidery Ltd.
  • S. & S. v. Rowell
  • Unipak Cartons Ltd. v. Crown Zellerbach Canada Limited
People Mentioned
  • Arthur Gibson
  • Barry Pepper
  • Christopher Robinson
  • Donald Sim
  • Donald Thorson
  • Edwin Foster
  • Frank Iacobucci
  • Gordon Henderson
  • John Richard
  • John Robinette
  • Joseph Nuss
  • Kent Plumley
  • Louis-Philippe Pigeon
  • Roger Hughes
  • Ronald Martland
  • Russel Smart
  • Wilbur Jackett
Professional Organizations
  • Patent and Trademark Institute of Canada
  • Pulp and Paper Institute of Canada
Time Periods
  • 1950s
  • 1960s
  • 1970s
  • 1980s
  • 1990s
Topics
  • Administrative Law
  • Biotechnology Law
  • Competition Law
  • Compulsory Licensing
  • Constitutional Law
  • Industrial Design
  • Intellectual Property Law
  • Patent Law
  • Pharmaceutical Law
  • Trademark Law

Some of these references were generated by AI and may contain inaccuracies.

Archive Details

Archive Code: C 81-4-0-75
Title: Interviews with David Watson
Date: May-96
Description: Textual records, Sound recordings
Physical Description: 1 file of textual records (includes 4 audio cassettes (ca. 240 minutes))
Restrictions: None
Container Info: (Textual records are located in container B437271; sound recordings are located in container B436745)
Location: Interview was conducted as part of the Gowling, Strathy & Henderson Project.

Scope: File consists of oral history records documenting the life and career of David Watson (b. 1922), a lawyer who worked for the Toronto firm of Gowling, Strathy, and Henderson. Interview topics include: Queens University; work at Hull Street; naval research, Ottawa; Osgoode Hall Law School; articling; patent agents work; registered patent agent; early firm members; select cases. Interviewer unknown. File includes four audio cassette recordings from a series of two interviews and a transcript with index (140 p.).

File consists of oral history records documenting the life and career of David Watson (b. 1922), a lawyer who worked for the Toronto firm of Gowling, Strathy, and Henderson. Interview topics include: Queens University; work at Hull Street; naval research, Ottawa; Osgoode Hall Law School; articling; patent agents work; registered patent agent; early firm members; select cases. Interviewer unknown. File includes four audio cassette recordings from a series of two interviews and a transcript with index (140 p.).