SMART & BIGGAR/FETHERSTONHAUGH is Canada's largest and highest-ranked firm practising exclusively in intellectual property and technology law. Our experience is unmatched and our goal is unwavering: to provide our clients with UNPARALLELED IP®.
SPECIAL FEATURE
  • profile Dow prevails over Nova in appeal of polymer patent suit

    READ MORE »
grd
FIRM NEWS
LEGAL DEVELOPMENTS
How to choose and vet an expert witness in patent cases

Expert evidence plays a critical role in patent litigation, and can literally make or break a case. That’s why it is important for counsel to properly identify, select, and prepare expert witnesses in order to put the party’s best case forward. This process is often time-consuming and challenging because, to be effecti

MORE » Access our full library of legal developments
Canadian Federal Court of Appeal denies third party intervention in appeal of Trademark challenge

By: Renaud Garon-Gendron The recent decision of the Federal Court of Appeal in Sport Maska Inc v Bauer Hockey Corp (2016 FCA 44), provides clarification on the applicable test for leave to intervene in proceedings before the Federal Court. The underlying case is also a reminder that businesses can request by way of

MORE » Access our full library of legal developments
Canadian Court ponders role of prosecution history in claim construction

by Kevin Unrau
Under Canadian Patent law, there is a rule against using patent prosecution history to construe a claim of a patent. This rule stands in stark contrast to the situation in the United States where amendments and arguments before the USPTO may serve to limit the scope of a claim. In the past few

MORE » Access our full library of legal developments
Official marks can be challenged by judicial review

by Philip Lapin and Daniel Hnatchuk
“Official marks” are a form of intellectual property protection unique to Canada. Many trademark owners, even in Canada, are unaware of official marks, which can be a source of frustration when cited by the Trademarks Office against a trademark application. However, applicants

MORE » Access our full library of legal developments
Domain name solicitation fraud – brand owners beware

by Daniel Anthony It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claiming that domain name rights are in jeopardy. As these scams become more common, all trademark owners s

MORE » Access our full library of legal developments
RANKINGS & RECOGNITION
Best Lawyers in Canada honours more IP and technology lawyers at Smart & Biggar than any other Canadian Firm

Smart & Biggar is proud to announce 25 IP & technology lawyers from Smart & Biggar have been included in the 11th edition of The Best Lawyers in Canada — more than any other firm in Canada. They were recognized under the four categories of Intellectual Property Law, Biotechnology Law, Information Technology Law and Tec

MORE » Learn more about our recent accolades
Gunars Gaikis recognized as the Best of the Best by Expert Guides

Smart & Biggar is proud to announce that Gunars Gaikis has been recognized again as one of the top thirty patent attorneys in the world from Expert Guides: Best of the Best. Mr. Gaikis had received this prominent accolade in the 2014 edition.

MORE » Learn more about our recent accolades
Smart & Biggar recognized as the top-ranked firm for Canadian IP law in the 2016 edition of The Canadian Legal Lexpert® Directory — only firm chosen at the top of the rankings in Ottawa, Toronto, Montreal and Vancouver

Smart & Biggar’s position as frontrunners in IP law across Canada has yet again been solidified with the newest edition of the Canadian Legal Lexpert Directory. A remarkable 24 lawyers have been selected to appear in this year’s edition as “Lexpert-Ranked” lawyers. Their diligent work and dedication has gained us top

MORE » Learn more about our recent accolades
Lauded as “an excellent firm” and one of only two Canadian firms selected as a ‘Band One’ firm in Canadian intellectual property law by Chambers Canada 2017

Smart & Biggar is honoured to be once again recognized as one of only two Canadian firms selected as a ‘Band One’ firm in Canadian intellectual property law — the highest ranking given to firms by the directory.

MORE » Learn more about our recent accolades
Smart & Biggar is proud to be recognized as a “main player at the top level of the Canadian market” by IAM Patent, The World’s Leading Patent Professionals, 2016 Edition

One of only two Canadian firms to be recognized as a Gold band status in the category of litigation, transactions and prosecution, our professionals were lauded as being “the highest quality and intelligent, business orientated and hardworking”.

MORE » Learn more about our recent accolades
web design toronto Rebel Trail