1. The Hon. George R. Locke, Federal Court of Canada IPIC Annual Meeting, Keynote address October 15, 2015

2. 1.Introduction 2.My perspective 3.Specific Tips 4.Upcoming changes to Federal Court procedures

3. 1.1Honoured to give this address 1.2Language of presentation 1.3Disclaimer: no discussion of substantive law 1.4Audience 1.5Style of presentation

4. 2.1Biography 2.2Changes upon appointment 2.3My workload 2.4My concerns for doing my work

5. 2.1.1 B.Eng. at McGill, 1987 2.1.2 B.C.L. and LL.B. at McGill, 1991 2.1.3 Bars of Ontario and Quebec 2.1.4 Associate and partner in IP group at Norton Rose Fulbright (formerly Ogilvy Renault) in Montreal, 1993 to 2014 2.1.5 Registered patent agent and trade- mark agent 2.1.6 Appointed to the Federal Court, April 10, 2014 2.1Biography

6. 2.2.1 Informal discussions with lawyers are rarer and less relaxed 2.2.2 I avoid discussions on particular cases or on substantive law 2.2.3 I avoid the appearance of cozy relationships with lawyers who may plead before me 2.2Changes upon appointment

7. 2.3.1 I am busy 2.3.2 Limited time to prepare for hearings 2.3.3 The bulk of my work happens after the hearing 2.3.4 I hear matters in various fields of law; not dedicated to IP 2.3My workload

8. 2.4.1 Getting it right; I can’t win or lose 2.4.2 Learning the case from scratch 2.4.3 At the hearing, running an efficient courtroom and generating useful notes 2.4.4 Focusing on the applicable law and the facts in evidence 2.4My concerns for doing my work

9. 3.1From the commencement of proceedings 3.2Preparing for the hearing 3.3During the hearing

10. 3.1.1 Prepare claim charts 3.1.2 Be selective and do the legwork before requesting a case management conference 3.1.3 Exchange discovery plans 3.1.4 Examinations for discovery – Give answers under reserve of objection 3.1.5 Examinations for discovery – Don’t take questions under advisement 3.1From the commencement of proceedings

11. 3.1.6 Interlocutory motions – make efforts to resolve them in full or in part 3.1.7 Respect the role of experts 3.1From the commencement of proceedings (cont’d)

12. 3.2.1 Focus your arguments 3.2.2 Respect page limits in written arguments 3.2.3 Use headings to organize your arguments 3.2.4 Plan your time at the hearing 3.2.5 Use notices to admit and agreed statements of facts to clarify the issues in dispute 3.2.6 Don’t try to hide negative facts or caselaw 3.2Preparing for the hearing

13. 3.2.7 Consider providing a memory stick bearing all of the relevant documents 3.2.8 Avoid last-minute motions 3.2Preparing for the hearing (cont’d)

14. 3.3.1 Give me a roadmap of your argument 3.3.2 Respect the allotted time 3.3.3 Be prepared for the unexpected 3.3.4 Pay attention to me 3.3.5 Don’t just read your notes 3.3.6 Don’t assume that I’m familiar with all of the facts 3.3.7 Don’t assume that I’m comfortable with all of the relevant technology 3.3During the hearing

15. 3.3.8 Don’t assume that I’m familiar with all of the applicable law 3.3.9 Think before objecting 3.3.10 Be aware that your non-verbal reactions are easy to see from the bench 3.3During the hearing (cont’d)

16. 4.1Limited time for examinations for discovery 4.2Limited time for motions on refusals 4.3Stricter enforcement of five-expert limit 4.4Higher costs consequences to address wasteful procedures

17. Any questions?