Leaders in complex high-stakes intellectual property litigation
Enforcing and defending IP rights for clients in Canada to achieve maximum protection and the highest possible awards.
We specialize in asserting and defending our clients’ IP assets to maximize their return on investments and preserve competitive advantage. Intellectual property rights – from patents, industrial designs and trademarks, to trade secrets, confidential information and copyrights – are critical business assets that need to be aggressively protected and enforced. We also represent and defend clients in related matters involving anti-trust and competition laws, including unfair competition.
Unmatched technical depth
Our lawyers possess a rare combination of successful trial and appellate experience combined with deeply sophisticated understanding of technical subject matter and analytical expertise – resulting in victories at all levels, in all areas of IP. From start-up companies in emerging growth sectors to multinational corporations across a broad range of industries, we draw on our vast technical and legal experience to provide creative, effective and cost-efficient enforcement and litigation strategies tailored to each client’s unique situation and needs.
Fearless defenders of IP
In high-stakes litigation, we know what it takes to win and we routinely handle Canada’s most commercially important and technically complex intellectual property cases. We have obtained numerous precedent-setting judgments on behalf of our clients in trial and appellate matters, and have obtained record-setting damages awards. And we have been chosen as Canada’s IP Litigation Firm, for five consecutive years, by Benchmark Canada. International clients also look to us based on our significant experience in multi-jurisdictional cases, successful representation of clients in Canadian disputes and active involvement in the coordination of litigation strategies worldwide.
Key Contacts
Smart & Biggar is the dominant force in intellectual property litigation. Our proven team is made up of highly capable trial and appellate counsel who routinely handle some of Canada’s most commercially important and technically complex intellectual property cases across a broad range of industries.
Client Success
We litigate across Canada, in both the common law and civil law courts, including the Provincial Superior Courts and the Federal Court of Canada, and at the highest appellate levels, in both official languages. We have also represented clients in the Supreme Court of Canada on more than 50 occasions, resulting in many leading Canadian precedents.
-
Loblaws Inc v Pampered Chef et al
2021 FCA 29Successfully represented Pampered Chef et al before the FCA in having affirmed the trial decision dismissing allegations of trademark infringement brought by Canada’s largest retailer.Read More -
Nova Chemicals Corporation v The Dow Chemical Company et al
2020 FCA 141Successfully represented Dow Chemical before the Federal Court of Appeal, affirming the largest reported Canadian patent infringement award in history.Read More -
Canadian National Railway Company v. BNSF Railway Company
2020 FCA 45On February 17, 2020, the Federal Court of Appeal issued its judgment granting CN’s appeal (2020 FCA 45), reaffirming the long-established practice of granting protective orders to parties invol...Read More -
Fluid Energy Group v Exaltexx Inc.
2020 FC 81Successfully represented the defendant Exaltexx in obtaining an interlocutory injunction restraining the plaintiff from making certain statements or threats to suppliers of Exaltexx during the pendenc...Read More -
C. Steven Sikes, Aquero, LLC, and Aquial, LLC v Encana Corporation, Cenovus FCCL Ltd, FCCL Partnership and Cenovus Energy Inc
T-1345-13Successfully represented the defendants Cenovus Energy and Encana Corporation in a patent infringement matter in having the action dismissed for delay.Read More -
Friedrich Geldbach Gmbh v M. Geldbach (Shanxi) Flange & Fittings Co, Ltd
2019 FC 1301Successfully invalidated the registration of a confusing trademark that was blocking the Applicant’s pending trademark application. The Applicant was successful on each ground of invalidity pled...Read More -
-
Betser-Zilevitch v Nexen Inc
2019 FCA 230Successfully represented the respondent Nexen Inc. in having the decision of the Federal Court affirmed whereby a patent infringement matter was deemed discontinued based on a binding settlement agree...Read More
Unparalleled Expertise in IP Litigation & Enforcement
Recognized as Canada’s leading IP litigation firm, our proven team of litigators are highly effective trial counsel. No other Canadian firm can claim a more distinguished and successful record. In addition to their courtroom victories, our litigators frequently receive international recognition from IP owners, clients, and peers alike.
-
Lexpert
Top-ranked firm for Canadian IP law
2013-2021The Canadian Legal LEXPERT® Directory -
Lexpert®-Ranked
10 lawyers in IP Litigation
2021The Canadian Legal LEXPERT® Directory -
Lexpert®-Ranked
8 lawyers in Biotechnology
2020-2021The Canadian Legal LEXPERT® Directory -
Lexpert®-Ranked
27 Lexpert®-ranked lawyers
2021The Canadian Legal LEXPERT® Directory -
Acritas
Six Stand-Out Lawyers
2021Acritas Stars -
MIP
Canadian Impact Case of the Year
2020 & 2021Managing IP Americas Awards -
MIP
Canadian Patent Prosecution Firm of the Year
2019 & 2021Managing IP Americas Awards -
MIP
Canadian IP Boutique Firm of the Year
2011, 2012, 2014, 2016, 2018, 2020 & 2021Managing IP Americas Awards -
MIP
Canadian IP Boutique Firm of the Year(Shortlisted)
2011-2020Managing IP Americas Awards -
MIP
Canadian Patent Prosecution Firm of the Year (Shortlisted)
2014-2020Managing IP Americas Awards
Related Publications & Articles
-
Costco Wholesale Canada Ltd. v Simms Sigal & Co.: No more excuses for grey marketers that knowingly interfere with exclusive distribution agreements
The recent appeal decision Costco Wholesale Canada Ltd. v Simms Sigal & Co. Ltd. constitutes a win for distributors whose rights under an exclusive distribution agreement are knowingly undermined by t...Read More -
PC v. PC: Pampered Chef Succeeds Once Again in Trademark Infringement Battle: Smart & Biggar prevails in dismissal by Federal Court of Appeal
On February 15, 2021, the Federal Court of Appeal issued its decision dismissing an appeal from the Federal Court’s trial decision in Loblaws Inc v Columbia Insurance Company, 2019 FC 961.Read More -
Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings
In a recent decision, Flatwork Technologies LLC v Brierley (2020 FC 997), the Federal Court granted summary judgment in favour of the Plaintiff, Flatwork Technologies, LLC (Flatwork), in respect of it...Read More -
Effectively using experts in IP Litigation – Part 2: Practise
In intellectual property litigation, the outcome of many high stakes cases has turned on expert testimony.Read More -
Canadian courts show trend of awarding higher costs in IP litigation
Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?”Read More -
Federal Court of Appeal affirms largest reported Canadian patent infringement award in history
In earlier decisions of the Federal Court (2017 FC 350 and 2017 FC 637), the Court ordered Nova Chemicals Corporation (Nova) to pay The Dow Chemical Company (Dow) approximately $650 million as a resul...Read More -
The fight over depreciation of goodwill in Canada keeps going and going …
While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made.Read More -
A limit on demand letters: Federal Court grants rare pre-trial injunction barring potentially false or misleading cease and desist letters
In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, F...Read More
Related News & Media
-
Managing IP honours Smart & Biggar with four awards, including Canada’s “IP Boutique Firm of the Year”
Smart & Biggar proudly received honours in four award categories at the Managing Intellectual Property (MIP) North America Awards, presented virtually on April 7, 2021.Read More -
Smart & Biggar lauded by Chambers Global for “bench strength and quality representation” in Intellectual Property and IP Litigation
Smart & Biggar is pleased to share that the firm has once again received top-tier recognition in Intellectual Property in the 2021 edition of Chambers Global – The World’s Leading Lawyers for Business...Read More -
Matthew Norton participates in MacSci Talks for McMaster University
Ottawa associate, Matthew Norton, will participate in MacSci Talks, hosted by the McMaster Science Society (MSS), on Thursday, February 18.Read More -
Graham Hood and Abigail Smith chosen as Rising Stars in IP at 2020 Rising Stars Awards Americas
Smart & Biggar is pleased to share that partner Graham Hood and senior associate Abigail Smith have been honoured at the Expert Guides Rising Stars Awards Presentation on January 28th, 2021.Read More -
7 Smart & Biggar partners featured as leading IP lawyers in Canada in the 2021 edition of Lexpert / ALM 500
Smart & Biggar is pleased to share that 7 partners are recognized among Canada’s leading lawyers for intellectual property (IP) in the 23rd Edition of The Lexpert/American Lawyer Guide to the Leading ...Read More -
5 Smart & Biggar lawyers listed in Lexpert Special Edition Litigation 2020
Smart & Biggar is pleased to share that Mark Evans, Gunars Gaikis, Steven Garland, François Guay and Sheldon Hamilton have been recognized once again in the annual Lexpert Special Edition on Litigatio...Read More -
Jean- Sébastien Dupont honoured as a 2020 Lexpert Rising Star: Leading lawyer under 40
Smart & Biggar is pleased to share that Montreal litigation partner Jean-Sébastien Dupont has been named a 2020 Lexpert Rising Star.Read More -
Smart & Biggar a ‘market-leading IP boutique’ in 2021 edition of The Legal 500 Canada
Smart & Biggar is pleased to share the firm’s recognition as a ‘Tier 1’ firm for Intellectual Property in the 2021 edition of The Legal 500 Canada.Read More