Patent enforcement leaders for technically complex and high-stakes litigation
In a highly competitive global economy, patent enforcement and protection against infringement is critical to protect valuable assets and ensure continued market exclusivity for an innovation.
Strong and effective patent enforcement requires a highly strategic approach tailored to each unique situation and business. We specialize in guarding and defending our clients’ patent rights to maximize their return on investments and preserve competitive advantage.
Unmatched technical depth and legal expertise
In high-stakes patent litigation, and where complexity and technical detail prevail, we know what it takes to win. Our accomplished and proven litigators combine deeply sophisticated subject matter and analytical expertise to ensure the most effective enforcement of patent rights against infringement. We apply our expertise to develop powerful and targeted litigation strategies to lead to a successful result, both through skilled negotiation and in the courtroom. We also represent and defend clients in related matters involving trade secrets, confidential information and anti-trust and competition law, including unfair competition.
Clients look to us routinely to handle their most commercially important and technically complex patent enforcement and infringement 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 seven consecutive years, by Benchmark Canada. We also have vast experience in multijurisdictional cases, and provide our international clients with skilled, cross-border patent litigation and coordination of litigation strategies worldwide.
Key Contacts
Smart & Biggar is a dominant force in patent enforcement and litigation. Our 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.
-
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 -
Bombardier Recreational Products Inc v Arctic Cat, Inc
2020 FC 691Successfully challenged the plaintiff’s claim of lost profits, reducing the client/defendant’s liability by tens of millions of dollars.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 -
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 -
Bauer Hockey Ltd v Sport Maska Inc dba CCM Hockey
2019 FCA 204Successfully represented Bauer Hockey Ltd. in defending a motion brought by the Defendant CCM Hockey in three related IP infringement actions to have all 3 actions dismissed for an alleged failure to ...Read More -
Badawy v 1038482 Alberta Ltd
2019 FCA 150 -
Bessette c Québec (Attorney General of Québec)
2019 CF 393Successfully represented Dr. Luc Bessette in this milestone patent infringement case brought against the Québec government in relation to the Québec Health Record, a system providing health profession...Read More
Unparalleled Expertise in Patent Litigation & Enforcement
Recognized as Canada’s leading IP litigation firm, our proven team of litigators are highly effective trial and appellate 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.
-
Legal Media Group
Canadian Patent Strategy Firm of the Year
2013, 2014, 2018, 2021 & 2023LMG Life Sciences Awards -
MIP
Tier One Firm for Patent Law
2014-2023IP Stars: Patents -
MIP
Ten IP Stars in Patent Law
2023IP Stars: Patents -
IAM
25 leading patent practitioners
2023IAM Patent 1000 - The World’s Leading Patent Professionals -
IAM
Gold Band Firm
2013-2023IAM Patent 1000 - The World’s Leading Patent Professionals -
MIP
16 Patent and Trademark Stars
2023IP Stars Guides -
Benchmark Litigation
IP Litigation Firm of the Year
2015-2023Benchmark Canada Awards -
Benchmark Litigation
Ten leading IP litigators
2023Benchmark Canada -
Who's Who Legal
Four Life Sciences leaders
2023Who's Who Legal: Life Sciences -
MIP
Canadian Patent Contentious Firm of the Year (Shortlisted)
2014-2023Managing IP Americas Awards
Related Publications & Articles
-
Federal Court of Canada launches specialized Intellectual Property Chambers pilot project
With the creation of specialized Chambers in the Federal Court, parties can be confident that judges assigned to their intellectual property matters in Canada will have intellectual property expertise...Read More -
Changes to the European patent system: What Canadian innovators need to know
Two significant changes to the European patent system are expected to come into force on June 1, 2023: the Unitary Patent system and the Unified Patent Court (UPC).Read More -
Canadian Patent Law 2022: A Year in Review
2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a ra...Read More -
Supreme Court of Canada affirms record-setting $645M patent infringement award in Dow v Nova
In an 8-1 majority ruling released today, the Supreme Court of Canada (SCC) has affirmed the record-setting $645M patent infringement award in Dow v Nova.Read More -
Safe and cost-effective divisional application filing strategies under Canada’s newest patent rules
This article reviews the requirements for filing a divisional patent application in Canada, the impact of the new claim fee and continued examination fee rules on divisional practice and provides stra...Read More -
Canada’s new patent claim fee rules: Alternative embodiments within a single claim
Historically, claim fees have not been payable at any time during the pendency of a Canadian patent application or term of the patent. This will change soon, and the present article discusses strategi...Read More -
Competition Bureau closes two investigations into pharmaceutical patent litigation settlements
On May 20, 2022, the Competition Bureau announced that it closed two investigations into pharmaceutical patent litigation settlement agreements as evidence gathered during the two investigations sugge...Read More -
New rules: Request examination of Canadian patent applications before October 3, 2022
Patent applicants should consider requesting examination of their Canadian patent application now or before October 3, 2022 to avoid potential excess claim fees and continued examination fees under th...Read More
Related News & Media
-
Smart & Biggar boasts 16 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2022
Smart & Biggar is proud to be featured once again as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2022. In total, 16 of our lawyers and patent agents have been recogn...Read More -
Smart & Biggar receives Managing Intellectual Property's highest ranking in all practice areas in 2022
Smart & Biggar is proud to share that we have been recognized as a Tier 1 firm in all practice areas in Managing Intellectual Property (MIP) IP Stars, Canada 2022.Read More -
Smart & Biggar receives six shortlist nominations for the 2022 LMG Life Sciences Americas Awards
Smart & Biggar is proud to announce that we have been shortlisted for six LMG Life Sciences Awards 2022. Each award nomination recognizes Smart & Biggar’s exceptional leadership in life scien...Read More -
Smart & Biggar leads the Canadian patent rankings with 23 lawyers and agents listed in IAM Patent 1000
Smart & Biggar is pleased to announce our continued standing as a ‘gold tier' firm in Canada for patent prosecution and litigation, in the 2022 IAM Patent 1000: The World’s Leading Patent Professi...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 leads again with four lawyers recognized in Who’s Who Legal: Thought Leaders Global Elite 2022
Smart & Biggar is proud to announce that four lawyers have been recognized in Who’s Who Legal: Thought Leaders Global Elite 2022 edition for IP – more than any firm in Canada.Read More -
Smart & Biggar shines as a leader in IP with 17 lawyers and agents recognized in Who’s Who Legal: Canada Guide 2021
Smart & Biggar is proud to announce that 17 lawyers and agents have been honoured as leaders in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2021. Our lawyers have been recognize...Read More -
Seven Smart & Biggar lawyers recognized as Life Sciences Stars 2021 by LMG
Smart & Biggar is pleased to announce that seven partners have been named “Life Sciences Stars” across Intellectual Property and Regulatory practice areas in the 2021 edition of the Legal Media Gr...Read More