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.
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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 -
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 -
Canadian National Railway Company v BNSF Railway Company
2019 FC 142Successfully represented CN in defending a motion brought by the defendant seeking a stay of the continued prosecution and issuance of certain of CN’s patent applications before the Canadian Patent Of...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.
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MIP
Tier One Firm for Patent Law
2014-2022IP Stars: Patents -
MIP
18 Patent and Trademark Stars
2022IP Stars Guides -
IAM
Gold Band Firm
2013-2022IAM Patent 1000 - The World’s Leading Patent Professionals -
IAM
24 leading patent practitioners
2022IAM Patent 1000 - The World’s Leading Patent Professionals -
MIP
11 IP Stars in Patent Law
2021-2022IP Stars: Patents -
MIP
Canadian Patent Contentious Firm of the Year (Shortlisted)
2014-2022Managing IP Americas Awards -
Benchmark Litigation
IP Litigation Firm of the Year
2015-2022Benchmark Canada Awards -
Benchmark Litigation
Eleven leading IP litigators
2022Benchmark Canada -
Lexpert®-Ranked
13 lawyers in IP Litigation
2022The Canadian Legal LEXPERT® Directory -
Lexpert
Eight leading litigators
2021Lexpert Special Edition: Litigation
Related Publications & Articles
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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 -
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 -
Canadian Patent Law 2021: A round-up of interesting developments and court decisions
2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and ne...Read More -
New year, new patent rules for excess claim fees and continued examination in Canada
This article outlines the proposed amendments to the Patent Rules and provides applicants with guidance on possible actions they can consider taking now, to avoid potential fees under the new rules.Read More -
Federal Court of Appeal confirms Janssen’s SPRAVATO not eligible for data protection
As previously reported, Zinn J. of the Federal Court had dismissed Janssen’s application for judicial review of a decision by the Minister of Health (Minister) denying Janssen data protection for SPRA...Read More -
Plaintiff cannot amend Statement of Claim more than 45 days after receipt of NOAs to plead infringement of further patents
On May 5, 2021, the Federal Court dismissed a motion by Biomarin Pharmaceutical Inc (Biomarin) to amend its Statement of Claim to allege infringement of two patents that had not been asserted within t...Read More
Related News & Media
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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 -
Smart & Biggar earns top rank for Intellectual Property in Chambers Canada with seven lawyers ranked for IP Litigation, Life Sciences and Cannabis
Smart & Biggar, Canada’s leading firm for intellectual property law, has once again earned top rank as a Band 1 firm for Intellectual Property (IP) in the 2022 Chambers Canada Guide. In addition ...Read More