Carol Hitchman

Carol Hitchman


Carol Hitchman
Contact Information

Carol Hitchman


T 416.865.8259

F 416.865.6636



University of Toronto, B.A. 1979
Osgoode Hall Law School, LLB 1982
Bar Admission

Ontario Bar, 1984
About Gardiner Roberts LLP

For over 100 years, Gardiner Roberts has combined the benefits of a full-service law firm with the dexterity of a mid-sized one. Our focused, cross-disciplinary, one-team approach and commitment to understand your business joins our relevant expertise, immediacy and dedication to providing client-centric, hands-on service. 100% Canadian and fully independent, we offer a level of overall efficiency and cost-effectiveness that larger firms can't touch. Resisting "cookie-cutter" law, Gardiner Roberts has built its name - one rewarding client relationship at a time.

Executive Summary

Carol’s practice is primarily in the area of intellectual property litigation. She has appeared before all levels of the Federal Court and the Ontario Court, as well as the Supreme Court of Canada. Her practice is primarily in the area of pharmaceutical patents, but also includes trade-mark and copyright matters. She has been involved in cases relating to basic compound patents, formulation patents and use patents. She has also been involved extensively in litigation relating to trade-marks for the appearance of pharmaceuticals.

Carol has written numerous papers and given presentations for the Intellectual Property Institute of Canada (IPIC), the Law Society of Upper Canada and the Canadian Bar Association (CBA), including presentations to the Federal Court judges and prothonotaries. Carol has taught the Patent Agent Tutorials for IPIC and at the IPIC McGill Patents course. Carol is a regular contributor to the Federated Press IP Bulletins.


Representative Work
  • acted as counsel for Pharmascience in a successful appeal relating to the drug esomeprazole: Pharmascience Inc. v. Canada (Health), 2014 FCA 133
  • acted as counsel for Pharmascience in successfully resisting an application relating to the drug pregabalin: Pfizer Canada Inc. v. Pharmascience Inc., 2013 FC 120
  • acted as counsel for the Canadian Generic Pharmaceutical Association in opposing the registration of a trade-mark for the appearance of an inhaler: Canadian Generic Pharmaceutical Association v Glaxo Group Limited, 2013 TMOB 36
Articles and Presentations

Professional Involvement
  • Past President, Intellectual Property Institute of Canada (IPIC)
  • Member IPIC Committee for Self-Regulation and Protection of Confidential Information
  • Member IPIC Ad Hoc Committee for Court Interventions
  • Member Federal Court IP Users’ Committee 
  • Member, Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI)
  • Member, Canadian Bar Association (CBA)
  • Member, International Trademark Association (INTA)
Beyond the Office

Carol enjoys spending time with her three adult children. She likes jogging and going to Pilates classes. She likes to travel, particularly to Saint Germain-en-laye in France to visit her nephew who lives there.