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.
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Nova Chemicals Corporation v Dow Chemical Company
2022 SCC 43Successfully represented Dow Chemical before the Supreme Court of Canada, affirming the largest reported Canadian patent infringement award in history including the first time that an award was based ...Read More -
Rogers Media Inc et al. v John Doe 1 et al.
2022 FC 775successfully represented the Plaintiffs (Rogers Media Inc, Rogers Communications Inc, BCE Inc, Bell Media Inc, CTV Specialty Television Enterprises Inc, The Sports Network Inc, Le Reseau des Sports (R...Read More -
Vidéotron Ltée v Technologies Konek inc
2022 FC 256This was a rare summary trial for copyright infringement in the Federal Court. The summary trial addressed a specific provision of the Copyright Act (s. 31) which is rarely invoked and has not receive...Read More -
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 involved in...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
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.
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Who's Who Legal
Four Life Sciences leaders
2023Who's Who Legal: Life Sciences -
MIP
Canadian IP Boutique Firm of the Year(Shortlisted)
2011-2023Managing IP Americas Awards -
MIP
Canadian Patent Prosecution Firm of the Year (Shortlisted)
2014-2023Managing IP Americas Awards -
MIP
Canadian Patent Contentious Firm of the Year (Shortlisted)
2014-2023Managing IP Americas Awards -
Lexpert
Top-ranked firm for Canadian IP law
2013-2023The Canadian Legal LEXPERT® Directory -
Lexpert®-Ranked
12 lawyers in IP Litigation
2023The Canadian Legal LEXPERT® Directory -
Lexpert®-Ranked
30 Lexpert®-ranked lawyers
2023The Canadian Legal LEXPERT® Directory -
Chambers & Partners
Band One Firm: IP Litigation
2020-2023Chambers Canada -
Chambers & Partners
Band One Firm: IP Litigation
2020 & 2023Chambers Global – The World’s Leading Lawyers for Business -
Chambers & Partners
Band One Firm: Intellectual Property
2006-2023Chambers Global – The World’s Leading Lawyers for Business
Related Publications & Articles
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It’s official: Options for challenging “official marks” in Canada
“Official marks” are a unique feature of Canadian trademark law. Many trademark owners, even in Canada, are unaware of official marks. Those who are aware, are often unclear about the rights provided ...Read More -
Angelcare and Playtex take out the trash: Diaper Genie patents are valid and infringed by Munchkin
The Federal Court's comprehensive decision covered a lot of ground on various infringement and invalidity principles, providing clarity for patent owners in the competitive consumer products space. Th...Read More -
Supreme Court of Canada denies Teksavvy Solutions Inc leave to appeal Canada’s first site-blocking Order
On March 24, 2022, the Supreme Court of Canada denied Teksavvy Solutions Inc’s application for leave to appeal a decision of the Federal Court of Appeal (2021 FCA 100), affirming the Federal Court’s d...Read More -
Supreme Court of Canada denies leave to appeal in Travelway Group International Inc v Group III International Ltd
The Supreme Court of Canada has now put an end to a dispute between Wenger SA, Group III International Ltd and Holiday Group Inc (collectively, “Wenger”) and Travelway Group International Inc (“Travel...Read More -
Fact or fiction? Debunking patent myths for business and technology leaders
In this article we will address five common myths about patents to help business leaders and managers better separate fact from fiction and make informed decisions to protect investments made in innov...Read More -
Domain name solicitation fraud – brand owners beware
It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claimi...Read More -
Playing offense and defense to win with IP: Strategies for in-house counsel to mitigate risk related to intellectual property
This article provides a summary of key insights and strategies for in-house counsel to leverage and protect a company’s valuable IP portfolio, both offensively and defensively, to mitigate risk and wi...Read More -
End of the Line: Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark
Last week, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in con...Read More
Related News & Media
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Smart & Biggar shortlisted for IP Litigation in Benchmark Canada Awards 2023
Smart & Biggar is proud to announce that the firm has once again been shortlisted by Benchmark Canada for the ‘IP Litigation Firm of the Year’ award reflecting our leading position in IP litigatio...Read More -
Smart & Biggar principal Steven Garland recognized as “best of the best” by Expert Guides
Smart & Biggar is proud to announce that firm principal Steven Garland has been recognized among the top lawyers in the world in trademarks and life sciences, respectively, by Expert Guides: Best ...Read More -
Smart & Biggar boasts ten lawyers and agents recognized in the 2022 edition of Expert Guides: Rising Stars
Smart & Biggar is proud to share that ten of the firm’s lawyers and agents have been recognized as future IP leaders in the 2022 edition of Expert Guides: Rising Stars. Listed among Canada’s brigh...Read More -
Smart & Biggar ranks ‘Top Tier’ with 18 ‘IP Stars’ and 10 ‘Notable Practitioners’ named in the 2022 Managing Intellectual Property guide
Smart & Biggar is proud to share that 18 partners have been listed as ‘IP Stars’ in the 2022 edition of the Managing Intellectual Property (MIP) guide. In addition to this, 10 of our trademark and...Read More -
Smart & Biggar honoured as Canada’s leading intellectual property litigation firm for the eighth consecutive year at the Benchmark Litigation Canada Awards
Smart & Biggar is thrilled to be named “Intellectual Property Litigation Firm of the Year” once again at the 2022 Benchmark Litigation Canada Awards. The award was announced at an in-person gala a...Read More -
Smart & Biggar tops the ranking for IP Litigation in 2022 Benchmark Canada Guide
Smart & Biggar is proud to share that Benchmark Litigation has recognized our firm once again as a leader for Intellectual Property (IP) Litigation in Canada.Read More -
Smart & Biggar welcomes two new associates to our patents group
Smart & Biggar is pleased to share that Hyun Woo Choi and Malcolm Harvey have joined the firm as new associates and will work alongside our expert patent lawyers and agents to assist our clients i...Read More -
Smart & Biggar earns 51 LEXPERT rankings in six practice areas and offices across Canada in 2022
Smart & Biggar is proud to share that 28 of our lawyers have been honoured in six practice areas in the 26th edition of Canadian Legal Lexpert Directory 2022, affirming our leading position for in...Read More