Abigail Smith

Skilled litigator and biochemist protects IP assets and advises on patent-regulatory matters

In her litigation practice, Abigail applies her legal expertise and background in biochemistry and chemistry to help her life sciences clients protect and strengthen their IP assets.

She regularly represents clients in patent infringement and validity actions, including under the Patented Medicines (Notice of Compliance) (PM(NOC)) Regulations, before both the Federal Court and Federal Court of Appeal of Canada. Most recently, she was a member of the Smart & Biggar team that successfully represented AstraZeneca in a section 8 action against Apotex: Apotex Inc. v AstraZeneca Canada Inc., 2018 FC 181.

Abigail provides advice on life cycle management (including strategic advice relating to patents, certificates of supplementary protection, and data protection), patent listing under the PM(NOC) Regulations, pricing and reimbursement (including PMPRB and provincial interchangeability matters), provincial and federal access to information requests, and advertising/marketing matters, and represents clients in related judicial review applications.

Abigail is a Certified Market Access Professional (CAHR/CCPE) and was recently elected to both the Ontario Bar Association’s Information Technology & Intellectual Property Law Section and Canadian Bar Association’s Intellectual Property Section executives. She is a member of the Canadian Bar Association’s Biotechnology and Federal Courts Practice Committees, the Intellectual Property Institute of Canada’s Young Practitioner and Women’s Committees, and sits on the Editorial Board of the Canadian Intellectual Property Review.

Prior to joining the firm, Abigail clerked for Madam Justice Gauthier at the Federal Court of Appeal.

As a law student, Abigail was a recipient of several academic prizes for intellectual property law. Prior to law school, she completed a Master of Science in Biochemistry at McMaster University. Her scientific research was published in a major scientific journal.

Abigail shares her expertise as a regular contributor to Rx IP Update, the firm’s monthly pharmaceutical intellectual property and regulatory newsletter.