Canada’s Intellectual Property Firm

Sheldon Hamilton

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Sheldon Hamilton

  • Smart & Biggar LLP
Language(s): English

Highly effective, respected patent litigation lawyer advocates for the world’s most innovative companies

One of Canada’s leading patent litigation lawyers, Sheldon’s poise and perseverance in tough courtroom situations earn him the respect of clients and peers. For more than 25 years, Sheldon has acted as counsel for many of the world’s most innovative companies, successfully protecting their commercially valuable IP assets.

Extensive pharmaceutical litigation expertise

Sheldon has extensive trial experience focusing on issues of patent infringement and validity and damage quantification. He’s praised by clients as a “pharma whiz” for his expertise in pharmaceutical litigation, appearing as both trial and appellate counsel, including in proceedings under the Patented Medicines (Notice of Compliance) Regulations.

An internationally recognized leader

Sheldon is consistently recognized by prestigious Canadian and international publications, including Who’s Who Legal – Patents,  IAM Patent Litigation 250 — The World's Leading Patent Litigators, IAM Life Sciences 250 – The World’s Leading Life Sciences Patent Litigators, Benchmark Canada, and The Best Lawyers in Canada. He also writes and speaks on intellectual property issues and is actively involved with professional organizations.

During his off-hours, Sheldon is an avid runner, having completed 26 marathons including Boston (twice), New York, Chicago and Prague.


  • News
  • Speaking
  • Industry Involvement
  • In the Media
  • Panelist, The 15th Annual Harold G. Fox IP Moot, Toronto, ON, February 24-25, 2023
  • "Valuing an Invention – The Supreme Court of Canada Accounts for Profits", webinar, Intellectual Property Institute of Canada (IPIC), December 6, 2022
  • “The Ins and Outs of Non-Infringing Alternatives” (speaker), Eighth Annual University of Toronto Patent Colloquium, Toronto, ON, November 15, 2019
  • "The Practice of Pharmaceutical Patent Litigation: Part I," 13th Annual Paragraph IV Disputes Conference, American Conference Institute (ACI), New York, NY, April 29, 2019
  • "Litigating Biosimilars in Canada," C5’s Pharmaceutical & Biotech Patent Litigation Conference, Amsterdam, Netherlands, March 2016
  • "Updates on the Non-infringing Alternative Defence, Promise and Utility/Sound Prediction and Expert Blinding," Toronto Intellectual Property Group’s: Hot Topics in Phama Patent Cases, Toronto, March 2016
  • “Working With Experts after Moore v. Getahun: Retainers, Communications and report Development,” The Advocates' Society, Toronto, May 2015
  • “Intellectual Property in Pharmaceuticals and Biotech Industries” (moderator), China Intellectual Property & Innovation Summit 2015, Shanghai, China, April 2015
  • “Cross-Border Litigation Strategies: Planning, Managing and Reacting to Patent Enforcement Proceedings in Concurrent Jurisdictions,” C5’s 7th Forum on Pharma & Biotech Patent Litigation, Amsterdam, March 2015
  • "Biotech patenting in Canada: The view from the Supreme Court," presented at the Technology and Intellectual Property (TIP) Conference at University of Toronto, Faculty of Law, March 2014
  • "Litigation Friendly Patents" (moderator), IPIC Annual Meeting, Halifax, October 2014
  • "Analysis of the Ground breaking Case of Association for Molecular Pathology et al. v Myriad Genetics Inc., et al. and how it’s Aftermath Might Affect Your Patent Strategies in the US," C5's 6th Forum on Pharma & Biotech Patent Litigation, Amsterdam, January 2014
  • "Evaluating the Impact of the Supreme Court of Canada's Decision of Teva Canada v Pfizer on Patent Validity Challenges and Infringement Cases," The Canadian Institute's 11th Annual Forum on Pharma Patents, Toronto, October 2012
  • "Patent Damages in Canada: Who Owes What to Whom and When?" IPIC Annual Meeting, Vancouver, October 2012
  • "Navigating the potential minefield of pharmaceutical patents" (co-presenter: Colin B. Ingram), Benchmark Canada Cross-Border Litigation Forum, New York, September 2012
  • Panel discussion: "Canada and the World," AIPLA Comparative Intellectual Property Law Symposium, Ottawa, April 2012
  • "Develop Strategies to Protect or Challenge Exclusivity In Patent Regime," The Canadian Institute's 10th Annual Forum on Pharma Patents, Toronto, October 2011
  • Co-chair, Insight Information’s 9th Conference on Drug Patents in Canada, May 2010


  • Fellow, Intellectual Property Institute of Canada; former member of the Litigation and Forums & Seminars Committees
  • Member, International Association for the Protection of Intellectual Property (AIPPI); member of Amicus Brief Committee (Q. 221)
  • Member and Former Director, The Advocates' Society; Former Vice Chair, Finance and Audit Committee


  • "10 Things You Need to Know about Life Sciences Patent Litigation in Canada" (co-author: Nancy Pei), Association of Corporate Counsel, August 2020
  • "A Bird's Eye View Of The Canadian Patent Landscape" (co-author: Daphne Lainson), Corporate Counsel IP Canada Report, August 2013
  • "The disclosure bargain," The Patent Lawyer, January/February 2013
  • "The patent-regulatory regime in Canada" (co-author: Nancy P. Pei), Pharmaceutical Patent Analyst, November 2012, Vol. 1, Issue 5
  • "The Right Dose: Update on the Canadian Patented Medicines (Notice of Compliance) Regulations and Data Protection for Pharmaceuticals in Canada" (co-authors: Steven B. Garland and Amelia Choi), Patent World, October 2007