Smart & Biggar

IAM Research

The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.

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With an abundance of expertise in all things patents and in intellectual property more generally, Smart & Biggar offers the full range of services, whether that be devising smart protection strategies to fierce representation in disputes, and robust support on fruitful licensing deals. A testament to which is the comment of one peer: “Of all the IP boutiques on the market, Smart & Biggar has the most comprehensive approach to intellectual property.” It has a constellation of stars on its litigation squad, with François GuayJean-Sébastien Dupont and Jeremy Want all shining brightly. They have been working together to represent Bauer Hockey in two infringement cases involving various models of hockey skates and helmets, and Tekna Plasma Systems in an impeachment and non-infringement lawsuit involving atomised metal powders used in additive manufacturing applications. “François’s counsel is sound and practical, and he expertly navigates complex situations.” “Jean-Sébastien is an excellent and worthy opponent, and he is a welcoming partner even when he is working against you.” Want also joined forces with Steven Garland to represent Dow Chemical at the Federal Court of Appeal, which affirmed the Federal Court’s decision to award Dow $650 million in a patent infringement case brought against Nova Chemicals, making it the largest reported patent infringement award. In the words of one source: “Steven is one of the top litigators in the country. He’s simply incredible.” Looking further into the contentious division, Yoon KangRyan EvansSheldon Hamilton and Nancy Pei have also been keeping busy. Kang has been defending a well-known Swiss healthcare company under the new PM(NOC) Regulations regarding their generic drug; Evans successfully reduced Arctic Cat’s liability by tens of millions of dollars in a patent infringement case involving snowmobiles, when he challenged the plaintiff’s alleged loss of earnings; Hamilton is advising one of the world’s largest pharmaceutical companies with respect to its Canadian IP interests; and Pei has been supporting an American biopharmaceutical company in navigating the Canadian patent regulatory landscape. Evan Nuttall’s strategic approach ensures that he finds straightforward solutions to complex problems for leading players in the energy and oil and gas sectors; while Gunars Gaikis has been dispensing sage counsel to patrons in the life sciences for over four decades. The firm also serves a primary global prosecution role for patrons, bringing numerous skilled and creative specialists onto the field. It understands the legal and commercial obstacles that in-house counsel face, and employs all the tools in its toolkit to mitigate them. On speed dial for prominent software and electronic rights holders are managing partner Matthew ZischkaElliott SimcoeBrigide MattarAllan Brett and John Knox. The quintet bring value to their clients’ inventions through well-calibrated portfolio management and technological knowledge, as well as by converting their own experiences into holistic and strategic support. Daphne LainsonMark PidkowichDavid Schwartz and IAM Patent 1000 newcomer Lei Liu thrive in the life sciences. Lainson is the practice co-chair and a repository of trust for her patrons. Pidkowich strengthens his patrons’ global market positions thanks to his vast insight into foreign territories. “David is a fantastic agent to have by your side. He is extremely knowledgeable and can always be counted on for his vast expertise.” “Lei is really appreciated for his responsiveness and availability to answer questions, as well as his expertise in biotech inventions.” Many of the oufit’s accomplished practitioners also share a passion for commercialisation. Alistair Simpson represents a wide range of leading Canadian and multinational companies in the industrial, high-tech, and oil and gas sector and Theodore Sum marries creativity with precision to effectively guide his clientele through technology transfers, M&A deals and joint ventures.

Firm Profile

Smart & Biggar is recognised as Canada’s largest firm practising exclusively in IP and technology law. The firm works directly with global and domestic organisations, and seamlessly as one team with associate firms, to help clients secure, protect and maximise the value of their inventions and IP investments in Canada.

Consistently recognised as the leading Canadian IP firm by a wide range of third-party domestic and international rankings, Smart & Biggar has a history that spans over 100 years of providing the world’s leading brands with sophisticated and creative IP solutions.

From five offices across Canada, the firm offers the full complement of IP services, including strategic IP counselling, IP litigation, IP transactions support, licensing, and patent and trademark agency services. It serves many of the world’s leading organisations representing the broad spectrum of industries. The firm’s focus on value includes the following:

  • Client service excellence – Smart & Biggar has an international reputation for client service excellence. The firm leverages sophisticated project management and back office systems to manage clients’ matters, and constantly seeks new ways to streamline and increase the efficiency and value of its service offering.
  • Expertise – Smart & Biggar has one of the largest IP teams in Canada and offers clients experience in the combined scientific, technical and legal fields, along with highly specialised industry knowledge.
  • Technical strength – virtually every one of the firm’s 100 lawyers, patent agents and technical consultants has an engineering or scientific educational background, and many possess graduate degrees in a diverse range of areas. Over 55 members of the firm, including most of the firm’s lawyers, are registered patent agents.
  • History of partnering – Smart & Biggar carefully nurtures long-term relationships with clients and expert associate firms around the world. These relationships endure because the firm consistently seeks out opportunities to continuously add value and deliver superior client service.

Patent services

The firm draws on its professionals’ unparalleled technical knowledge in evaluating an invention, reviewing its patentability and developing strong and enforceable patent rights throughout the world. It also works closely with its clients to develop customised patent protection strategies that provide a powerful competitive advantage.

As patent experts, the firm’s lawyers and patent agents are consistently recognised around the world as leaders in the field. The firm’s dedication to providing the best IP service, advice and solutions is why the world’s most innovative and sophisticated businesses look to it to protect, exploit and defend their IP rights. Above all, the firm is committed to understanding the issues faced by clients and efficiently providing IP services and advice of the highest quality.

The firm’s recognised strength in patent law and ability to provide superior service is the basis for its having prepared and filed more patent applications than any other firm in Canada.

The firm’s patent services include:

  • patentability, infringement and validity opinions;
  • clearance and right-to-use opinions;
  • prior art searching and performing patent audits;
  • Canadian patent application preparation and filing;
  • filing and prosecution in the United States and throughout the world;
  • licensing and due diligence in commercial IP transactions;
  • IP management and strategic counselling; and
  • patent litigation.

Smart & Biggar also advises clients on a wide variety of existing and emerging IP and technology law matters, including:

  • industrial designs;
  • copyright and media;
  • internet and domain names;
  • advertising and marketing; and
  • pharmaceutical regulatory and compliance.
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