Justin Smith
Associate, Ottawa
Barrister and Solicitor


Phone: 613.232.2486
Fax: 613.232.8440
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Ontario Bar 2016
  • Memorial University of Newfoundland, B.Sc. Honours (Chemistry), 2010; thesis titled Molecular Imprinted Polymers for Environmental Analysis
  • Queen’s University, M.Sc. (Chemistry), 2012; thesis titled Development of Multi-channel Supports for Open Tubular Liquid Chromatography
  • Dalhousie University (Schulich School of Law), J.D., 2015

Patent protection for innovative life sciences

In his practice, Justin focuses on patent prosecution and is regularly exposed to a wide variety of cutting-edge technologies across the life sciences sector. His fascination and interest in the development of new and emerging technologies is what motivates him to help his clients secure patent protection and ensure that they are rewarded for their innovations.

With dual interests in science and law and a broad range of experience, knowledge and skills in, intellectual property, litigation and science, Justin is well positioned to provide guidance to clients in the life sciences, chemical and pharmaceutical sectors who are seeking advice on protecting their inventions relating to new drugs, biologics, medical devices, consumer products, specialty chemicals and industrial chemical processes.

In addition, Justin has particular expertise in the complex regulatory landscape governing patented and innovative drugs, allowing him to provide strategic advice and guidance on lifecycle management. His practice includes advising on data protection under the Food and Drug Regulations, patent term extensions under the Certificate of Supplementary Protection Regulations and patented medicines pricing under the jurisdiction of the Patented Medicine Prices Review Board.

Legal insight through experience and academics

Prior to joining the Patents and Life Sciences team at Smart & Biggar, Justin practiced intellectual property litigation in an international law firm, focusing on litigation under the Patented Medicines (Notice of Compliance) Regulations. His litigation experience allows him to advise clients and avoid potential issues that may surface during the procurement of patent protection and before they manifest into costly litigation.

Before beginning his legal studies, Justin completed a Master of Science degree in analytical chemistry at Queen's University. During this time, he worked in a microfluidics laboratory researching miniaturized chromatographic techniques. He completed his law degree at the Schulich School of Law at Dalhousie University, where he served as co-president of the Intellectual Property Law Association of Dalhousie and as auditor of Domus Legis, a student-run social society.

Life Sciences
Life Sciences — Regulatory & Compliance
Chemical & Industrial Biotechnology
IP Management & Strategic Counselling

Apotex Inc v Shire LLC, 2018 FC 637 – Successfully defended patentee in a patent impeachment action. The patent at issue generally related to an amphetamine prodrug for treatment of ADHD that has abuse-resistant properties. The action was partially consolidated with a prohibition application pursuant to the Patented Medicines (Notice of Compliance) Regulations, and the two proceedings were heard and decided on common viva voce evidence. (NOTE: The decision is currently under appeal)


  • Member, Ontario Bar Association
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