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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Rogers Media Inc et al v John Doe 1 et al
T-1253-23Smart & Biggar successfully represented Rogers Media Inc and Groupe TVA Inc in securing a similar blocking order enjoining Canada’s major Internet Service Providers (ISPs) to block access to unaut...Read More -
Vidéotron Ltée v Technologies Konek Inc
2023 FC 741Smart & Biggar represented the Plaintiffs, Groupe TVA and Videotron, at the trial on the merits in this case involving the unauthorized retransmission by the defendants of TVA Sports.Read More -
Vidéotron Ltée v Technologies Konek Inc
2023 CAF 92Smart & Biggar represented the Plaintiffs, Groupe TVA and Videotron, which were largely successful at summary trial in the Federal Court.Read More -
Bell Media Inc et al v John Doe 1
2022 FC 1432Smart & Biggar successfully represented Bell Media Inc. in securing a similar blocking order enjoining Canada’s major Internet Service Providers (ISPs) to block access to unauthorized online strea...Read More -
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
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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The Legal 500
Eight leading lawyers in IP
2024The Legal 500 Canada -
The Legal 500
Top Tier Firm for IP
2014-2024The Legal 500 Canada -
Chambers & Partners
Band 3: Life Sciences
2019-2024Chambers Canada -
Chambers & Partners
Band One Firm: Intellectual Property
2016-2024Chambers Canada -
Chambers & Partners
Band One Firm: IP Litigation
2020-2024Chambers Canada -
Legal Media Group
Canadian Patent Strategy Firm of the Year
2013, 2014, 2018, 2021 & 2023LMG Life Sciences Awards -
Best Lawyers
Biotechnology & Life Sciences Firm of the Year
2023-2024The Best Lawyers in Canada -
Best Lawyers
IP Law Firm of the Year
2018, 2021-2022, 2024The Best Lawyers in Canada -
Best Lawyers
Three Lawyers of the Year
2013, 2021 & 2024The Best Lawyers in Canada -
Best Lawyers
34 leading lawyers
2024The Best Lawyers in Canada
Related Publications & Articles
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Clearing the clutter: Section 45 proceedings to remove trademark deadwood
Registered trademarks may not be kept indefinitely while sitting idle on the Canadian Trademarks Register, even if renewal fees are paid. Section 45 of the Trademarks Act provides an important tool to...Read More -
Invalidity defences in patent litigation
Litigation for patent infringement arises when a party with the appropriate interest in a patent moves to accuse another party of using a patented invention in a manner contrary to the Patent Act with...Read More -
Appeals from the patent appeal board
When the Canadian Commissioner of Patents refuses a patent application on the recommendation of the Patent Appeal Board, the applicant can appeal to the Federal Court where the Court has the power to ...Read More -
Recent trend of summary adjudication in IP cases stalls
In 2014, the Supreme Court of Canada called for a “culture shift” in how cases are adjudicated, including that summary judgment rules must be interpreted broadly so as to favour proportionality, and f...Read More -
Trademark confusion is trademark infringement
Trademark infringement is more nuanced than simply: Trademark A looks like Trademark B, therefore, A infringes B. The Supreme Court of Canada entrenched a six-part test for confusion in Mattel U.S.A. ...Read More -
Federal Court of Appeal confirms test for induced infringement
A Canadian patent may be infringed by someone who directly makes, constructs, uses or sells the claimed invention, or by someone who induces another to infringe the patent. Recently, the Federal Court...Read More -
Choosing between suing in the Federal Court or a Provincial Court
Canada has two main court systems: the Federal Court and the various Provincial Territorial Courts. All of these courts can, subject to certain legislated limits, handle IP-related proceedings. For ex...Read More -
Federal Court rules on unlicensed television retransmission
Copyright is an important part of content creation, and licensing and distribution of content can often be critical for the creator’s commercial success. It is thus important that copyright ownership ...Read More
Related News & Media
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Smart & Biggar named Canada’s leading intellectual property litigation firm for the ninth consecutive year at the Benchmark Litigation Canada Awards 2023
Smart & Biggar is proud to be named ‘Intellectual Property Litigation Firm of the Year’ at the 2023 Benchmark Litigation Canada Awards. Principals of the firm, Ryan T. Evans and Urszula Wojtyra, w...Read More -
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