Successfully represented Nintendo in an application for trademark infringement, copyright infringement and circumvention of technological protection measures (TPMs). This case was the first time that any court had considered and applied the anti-circumvention provisions of the Copyright Act. Apart from broadly interpreting the prohibitions against circumvention, the Federal Court awarded Nintendo a precedent setting $11,700,000 in damages for copyright infringement and circumvention of TPMs, as well as $1,000,000 in punitive damages.
Client Success
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Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc
2024 FC 871Smart & Biggar successfully represented Tekna Plasma Systems (Tekna), the plaintiff in this action.Read More -
Boehringer Ingelheim (Canada) Ltd v Jamp Pharma Corporation
2024 FC 1198Smart & Biggar successfully represented Boehringer Ingelheim in a s. 6(1) action under the Patented Medicines (Notice of Compliance) Regulations regarding the use of nintedanib in the prevention o...Read More -
McCain Foods Limited v J.R. Simplot Company
2025 FC 1078Smart & Biggar represented J.R. Simplot Company (Simplot), the Defendant in this action.Read More