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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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 -
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, as t...Read More -
Beijing Jingdong 360 du E-commerce Ltd v Zhang
2019 FC 1293Precedent setting case successfully cancellation a trademark registration for abandonment despite less than 3 years of non-use.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.
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Euromoney LMG
Best National Firm in North America for Women in Business Law (Shortlisted)
2014, 2015, 2019-2022Women in Business Law Americas Awards -
Euromoney LMG
Best Canadian Firm
2021-2022Women in Business Law Americas Awards -
Euromoney LMG
Best National Firm in North America for Career Development
2022Women in Business Law Americas Awards -
Euromoney LMG
Best National Firm in North America for Work-Life Balance (Shortlisted)
2014-2015, 2020-2022Women in Business Law Americas Awards -
Euromoney LMG
Best Gender Diversity Initiative by a National Firm in North America (Shortlisted)
2018-2022Women in Business Law Americas Awards -
MIP
One of the World’s Top 250 Women in IP
2020-2022Top 250 Women in IP -
Canadian Lawyer
One of the Top 10 IP Boutiques in Canada
2014-2023Canadian Lawyer -
MIP
Canadian Impact Case of the Year
2020-2022Managing IP Americas Awards -
MIP
Canadian Patent Prosecution Firm of the Year
2019 & 2021-2022Managing IP Americas Awards -
MIP
Canadian IP Boutique Firm of the Year
2011, 2012, 2014, 2016, 2018, 2020-2022Managing IP Americas Awards
Related Publications & Articles
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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 -
You sunk my pirate ship: Federal Court of Appeal upholds the validity of Canada’s first anti-piracy site-blocking Order
On May 26, 2021, the Federal Court of Appeal issued its decision in Teksavvy Solutions Inc v Bell Media Inc et al, 2021 FCA 100, upholding the Federal Court’s order in Bell Media Inc. et al v Goldtv.b...Read More
Related News & Media
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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 -
Smart & Biggar stands out as Canada’s leader for IP with eight partners recognized in the 2022 edition of Lexpert/ALM 500
Smart & Biggar is proud to share that eight partners have been recognized among Canada’s leading lawyers for intellectual property (IP) in the 2022 edition of The Lexpert/American Lawyer Guide to ...Read More -
Smart & Biggar’s leading IP litigators featured in Lexpert Special Edition: Litigation 2021
Smart & Biggar is delighted to share that eight of our leading IP litigators have been featured in the Lexpert Special Edition: Litigation 2021.Read More -
Smart & Biggar leads the market for IP and Cannabis in the 2022 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 2022 edition of The Legal 500 Canada.Read More