Canada’s Intellectual Property Firm

Andrew McIntosh

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Andrew McIntosh

  • he/him/his
Principal
  • Smart & Biggar LLP
Language(s): English

Strategic IP litigator for complex patent, trademark and trade secret disputes

Andrew is an accomplished intellectual property litigator whose practice focuses on patent, trademark and trade secret disputes. He serves as trial and appellate counsel across a broad industry of technologies, including agriculture, pharmaceuticals, chemistry and polymer science, biotechnology, oilfield services, military defense, electronics (including electronic document imaging), mechanical systems and consumer products. 

Patent litigation and strategy counsel for complex technical matter

Andrew is known for his creative, practical and results-oriented approach to every mandate. He works closely with clients from the outset to understand their broader business objectives, to ensure that litigation strategy is aligned with the client’s commercial priorities. He is committed to delivering timely and cost-effective results. Clients appreciate his responsiveness, ability to distil complex legal and technical issues into clear advice and his dedication to keeping them informed at every stage of a proceeding. 

Andrew has in-depth experience in pharmaceutical patent litigation covering patented medicines notice of compliance (PMNOC) proceedings, infringement actions and impeachment actions. Andrew has appeared as counsel before the Federal Court, Federal Court of Appeal, Ontario Superior Court and Ontario Court of Appeal.

Beyond litigation, Andrew advises clients on patent strategy for chemical and mechanical inventions, including freedom to operate and clearance opinions.

Andrew frequently publishes articles, delivers lectures on IP litigation, and is the lead author of two chapters in a prominent textbook on remedies in intellectual property litigation. He is an update author for the leading patent law text in Canada: Fox on the Canadian Law of Patents.

Andrew has been recognized for his work by Lexology Index: Canada, The Best Lawyers in Canada™ and Lexpert Special Edition: Health Sciences.

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