Allan Brett

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.

Recommended - Individuals: prosecution

Smart & Biggar is well positioned to provide comprehensive patent care, thanks to its solid team in both prosecution and litigation, and in September 2022 it joined IPH Limited’s group of international IP firms, making it part of a network that spans 25 countries in the Asia-Pacific region. Alongside this growing international presence, the outfit maintains a strong local footing, with offices in Ottawa, Toronto, Montreal, Vancouver and Calgary. Leading the IP litigation group out of Toronto, Sheldon Hamilton demonstrates great domain expertise in the life sciences, but can confidently take on any technically complex case. A reference for biopharmaceutical companies, Yoon Kang has contributed to building Canadian case law with her expertise, notably as co-counsel before the Supreme Court in a pivotal decision that rejected a controversial patent law development. A linchpin of the practice, Nancy Pei has knowledge that cuts across all facets of pharmaceutical and regulatory law, making her an excellent source of patent wisdom. In Montreal, François Guay and Jean-Sébastien Dupont represented Dr Luc Bessette in a landmark patent infringement action against the Québec government regarding its health record. The case marked the first time the government of Québec was held liable for patent infringement, and similar cases have subsequently been brought in British Columbia and Alberta. Outside of the life sciences, Ryan Evans and Evan Nuttall have been assisting Mud Engineering Inc in upholding two patents for drilling fluids used in SAGD wells. Evans quickly gets to grips with complicated technologies and the legal challenges that follow, and Nuttall provides excellent counsel that is founded in his knowledge of corporate objectives. Steven GarlandJeremy Want and Daniel Davies teamed up to support Dow Chemical in its fight against Nova Chemicals. The Federal Court of Appeal upheld the Federal Court's ruling, which awarded Dow hundreds of millions of dollars – the largest reported patent infringement judgment. Garland is an engine of the outfit’s litigation success; Want demonstrates excellent strategic judgement and advocacy skills; and IAM Patent 1000 newcomer Davies “is a brilliant lawyer who excels at communicating all legal alternatives and showcases deep knowledge of the technologies involved”. Also making their debut in the guide this year and coming in for high praise are Urszula WojtyraLionel Fishman and Patrick Roszell. “Urszula is a practical, creative and experienced partner. She is well versed in the Canadian patent scene and her counsel is always business minded.” On the prosecution side, “Lionel is instrumental in helping clients to develop a strategy to achieve their IP goals, and he demonstrates a great understanding of their technology and what is vital to protect, as well as being very measured in his approach, and he is readily bridging the legal and commercial divide.” “Patrick has an easy rapport with engineers, is technically proficient across multiple disciplines and resourceful when it comes to mitigating IP risks.” The firm’s managing principal Matthew Zischka utilises his vast industry knowledge to commercialise and protect his patrons’ rights, particularly in the electronics and software industries. Leading the electronic engineering and computer science practice in Vancouver, John Knox dispenses incisive counsel and is a shining light at the practice, mentoring many junior members of the team. Also operating in the electrical and computer engineering space are Brigide MattarElliott Simcoe and Allan Brett. Mattar is a go-to resource for SMEs and multinational clients alike, and has recently been supporting young entrepreneurs with their IP needs; Simcoe covers a lot of ground, assisting players in Canada, the United States and Europe with all their prosecution needs; and Brett is highly sought after by top global innovators looking to safeguard their intangible assets. Telecommunications ace Alistair Simpson has over three decades of experience under his belt and also stands out for his sophisticated negotiation skills. Daphne Lainson serves as the national practice chair for the life sciences group, as well as chair of the firm, consistently demonstrating strong leadership abilities and sound strategic sense. David Schwartz adds value to any application that crosses his desk, particularly given his expertise in the biotechnology space; Lei Liu’s PhD in advanced sciences allows him to swiftly grasp new technologies and participate in the early stages of clients’ research and development, to assist their understanding of what intellectual property can be protected; and molecular biologist Mark Pidkowich specialises in developing plans that meet his patrons’ immediate, mid-term and long-term goals. Transactional specialist Theodore Sum undertakes significant licensing and commercial work, helping local and international patrons to make the most of their intellectual property, as does Sanro Zlobec. A new face in the guide this year, Zlobec is an excellent patent agent dealing in transactions and produces brilliant results for players in the software, electronics and computer technology industries. Lawyer and patent agent Ken Bousfield joined the group in September 2023 after his former firm Ridout & Maybee joined forces with Smart & Biggar. Bousfield is a quick and insightful thinker who sees what others do not. He pays close attention to the details of every case and has forged a strong US/Canada practice.

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