Canada’s Intellectual Property Firm

Smart & Biggar “stands out in the market” for patents with ‘Gold’ band and 11 partners recommended in IAM Patent 1000 2018 edition

Smart & Biggar announced today that the firm has been recognized once again as a Canadian leader for patents with “Gold band” status in prosecution and litigation, and as a recommended firm for transactions in the IAM Patent 1000, The World’s Leading Patent Professionals, 2018 edition.

The guide cited Smart & Biggar as the largest Canadian IP boutique that ‘files scores of patent applications’ while also ‘excelling in high-stakes litigation’ making mention of the firm’s impressive number of appearances before the Supreme Court. As one impressed peer remarks: “Smart & Biggar has always had a strong reputation in patent litigation and it’s really reinforced that with the Dow case – the [$645 million] result it got was ground breaking. It’s a firm that truly stands out in the market.”

The guide also notes that, “Given [Smart & Biggar’s] track record and the breadth of talent in its ranks, it comes as no surprise that the crème de la crème of international rights holders are loyal fans.” On transactions, the firm’s recommended partners were noted as “commercially savvy” and equally “effective at exploiting patents” as obtaining them.

The firm had a total of 11 partners featured overall in the guide as recommended and highly recommended for patent prosecution, litigation and transactions.

Patent Prosecution:

  • Ronald Faggetter dubbed an “electronics sage” who has ushered plenty of local clients onto the world stage, and knows how to prosecute in the United States to minimise the chances of file history estoppel 
  • John Knox also lauded for his electronics experience and notably his background as a hardware design engineer that “enables him to chat with inventors in their own language”. 
  • Daphne Lainson is “indispensable” for life science issues and has “deep knowledge of the area, provides practical, well-grounded advice and is highly responsive. The overlap between patent and regulatory law is one of her specialities.” 
  • Christopher Robinson also recognized for life sciences does a “great job getting the hang of complex pharmaceutical technologies” and appreciates “how to explain the nuances of Canadian patent law to business people”  
  • Matthew Zischka was noted for his attention to detail by the guide as one who “loves getting into the nitty gritty of complex patents, especially those in the microprocessor and computer graphics spaces”

Patent Litigation:

  • Gunars Gaikis, a “stellar litigator”. His win on behalf of AstraZeneca represented a significant victory for innovators seeking protection in Canada, when the Supreme Court “wholly rejected the promise doctrine” and clarified the requirement for patent utility.
  • François Guay is a “contentious hotshot” with a tactical acumen that has saved the day for the likes of Microsoft, Nike and Air Canada. Acclaimed for his ability to give reliable cost-benefit assessments to help senior executives plan with confidence and “get an edge over their competitors”.
  • Steven Garland also praised as a “stellar litigator” whose victory for the Dow Chemical Company netted the largest reported award in a Canadian patent infringement case of over $645 million — perfectly exemplifying the level at which the firm is operating.

Patent Transactions:

  • Sanjay Goorachurn understands the commercial side of intellectual property. “He knows his trade. He’s also a great person to work with – a real gentleman”
  • Alistair Simpson Calgary-based, he is “a practitioner to seek out”, and who “keeps his ear to the ground in terms of new business opportunities”
  • Theodore Sum is “extremely thoughtful” when it comes to the best way of resolving an issue: “He’s professional, responsive, thorough, diligent and detail-oriented, a pleasure to work with.”