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Over 30 years of adding value to clients
David has over three decades of experience in helping clients grow from early-stage ventures to international companies by leveraging disciplined IP protection and enforcement. His practice centers on creating and safeguarding patent portfolios in pharma and biotech by partnering with his clients to design, build and enforce patent portfolios that align with business goals and withstand competitive pressure.
Helping clients move from start-up to international corporations
David is passionate about creating diligent IP protection and enforcement strategies that help his clients scale and grow. David’s advice is client-focused, recognizing that some clients need multi-layered patent protection, others need a simple and effective portfolio, while many clients do not require patent protection. David has extensive experience in creating, building and managing patent portfolios, including identifying and capitalizing on a company’s intellectual property rights. David's wealth of experience and expertise in intellectual property law and practice make him an exceptional asset to his clients.
Prior to practicing law, David conducted physiology research with the Department of National Defence and transplantation research at Toronto’s Sunnybrook Medical Centre. He also served as Assistant Science Policy Advisor to the Ontario Minister of Labour.
David has been recognized for his work by IAM Patent 1000 and Chambers & Partners. In 2020 he received the International Advisory Experts Award for Intellectual Property.
Qualifications
- News
- Industry Involvement
- In the Media
Memberships
- Intellectual Property Institute of Canada — IPIC
- International Association for the Protection of Industrial Property — AIPPI
- Toronto Intellectual Property Group — TIPG
- American Intellectual Property Law Association - AIPLA
Teaching Activities
- University of Toronto — Masters of Biotechnology Program (Guest lecturer)
- Osgoode Hall Law School, York University — Structuring, Negotiating and Drafting Intellectual Property Licensing Agreements (Instructor)
Publications
- Heller, D. & Pitkin, J. “Fifty Shades of Colour; Registering Colour Trademarks”, Canadian Lawyer InHouse, Vol. 11, Issue 1, January 2016
- Heller, D. & Langan, C. “Promises that can kill patents”, Canadian Lawyer InHouse, Vol. 9, Issue 5, October 2014.
- Heller D. & Agha, K. “Deep into the Genome: A Roundtable Discussion on IP, Patenting, and Personalized Medicine”, BioBusiness, pp. 10-12, July/August 2012.
- Heller, D. & Lee, J. “Amazon Finally Wins”. Canadian Lawyer InHouse, Vol. 7, Issue 3, June/July 2012.
- Heller, D. & Komarnicki, V. “Canada: Bar Raised for Attacking Patent Validity in Canada; Duty of Candour Narrowed”, Mondaq, December 19, 2011.
- Heller, D. & Lee, J. “Privilege continues to evade patent agents”, The Lawyers Weekly, September 17, 2010.
- Heller, D. & Boulakia, C. “Beware Of What Your Canadian Patent Lawyer Is Saying”, APLF IP Law Bugle, March 2010.
- Heller, D. & Roach M. The Role of Subsequent Entry Biologics — Intellectual Property 2008, XIV(2), 854-858.
- David Heller and Adrian Zahl, “Proposed regulations to adjust generic balance”, Managing Intellectual Property (Focus — Life Science: Canada), March 2005.
- Heller, DJ and JD Wilson, “vHarvard Mouse Trapped: Transgenic higher life forms not patentable in Canada”, Carswell: Legal Alert, 21(11):82-85, 2003.
- Heller, DJ, “Canada Rules That Transgenic Animals are Nonpatentable”, Genetic Engineering News, 23(2): 6, 59, 60, 2003.
- Heller, DJ, “Court allows patent on Harvard Mouse”, Law Times, August 21, 2000.
- Heller, DJ, “Will patents on plants be detrimental to the developing world.”, Law Times, July 17, 2000.