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®.
  • profile Smart & Biggar wins Canadian Trademark Contentious Firm of the Year and Milestone Case of the Year at MIP’s 2017 North America Awards

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FIRM NEWS
LEGAL DEVELOPMENTS
Federal Court of Appeal upholds interlocutory injunction directed at retailers of set-top boxes loaded with copyright-infringing applications

by: Jean-Sébastien Dupont
On June 1, 2016 the Federal Court issued an interlocutory injunction directed at retailers of set-top boxes that are configured, or “pre-loaded”, with various applications that provide their users with unauthorized access to copyrighted television content.

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The Competition Bureau applies strict standards to retail price claims in Canada

By: Daniel Hnatchuk
The Competition Bureau has recently taken enforcement action against a number of Canadian retailers under the deceptive marketing practices and ordinary price claims provisions of the Competition Act for what it considers to be misleading regular price claims and deceptive clearance promotions

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Nintendo Awarded $12.7 million for Circumvention of Technological Protection Measures in Precedent-Setting Case

by Kevin Siu
In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright infringement under the Copyright Act.

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Understanding the similarities and differences between priority claims in Canada and the U.S.

by Neil Padgett
A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration.

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Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement

by: Paul C. Jorgensen
On February 2, 2017, the Federal Court of Appeal released a significant decision on accounting for profits, a remedy for patent infringement in Canada: Apotex Inc v ADIR, 2017 FCA 23. The appeal concerned two defences raised by Apotex (and a related company)

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RANKINGS & RECOGNITION
Smart & Biggar again tops Managing Intellectual Property’s 2017 Canadian patent rankings

Smart & Biggar has once again earned the top ranking as a Tier One firm in the areas of patent contentious and patent prosecution in Managing Intellectual Property's 2017 IP Stars Handbook: Patents. This is the fourth consecutive year that Smart & Biggar has received the highest ranking.

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World IP Review recognizes 10 Smart & Biggar partners as 2017 WIPR Leaders

Smart & Biggar announced today that ten of the firm’s partners have been recognized in the 2017 World IP Review Leaders, a comprehensive guide to the top intellectual property lawyers in the areas of patents and trademarks across the globe.

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Smart & Biggar shortlisted for eight North America awards by Managing Intellectual Property

Smart & Biggar announced today that the firm has been shortlisted for eight awards at Managing Intellectual Property’s 2017 North America Awards, to be held in Washington, DC on March 23, 2017.

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Smart & Biggar tops the rankings once again as an IP Stars leader in Canadian trademark law

Smart & Biggar has once again been recognized as one of the top trademark firms in Canada achieving “Tier 1” status in both Trade mark Contentious, and Trade mark Prosecution, for the fourth consecutive year in the 2017 edition of Managing Intellectual Property’s 2017 IP Stars Handbook: Trademarks.

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Smart & Biggar/Fetherstonhaugh once more achieves “Gold” status in Canadian trademark law

Smart & Biggar/Fetherstonhaugh has once again achieved “gold band” status, as a leader in Canadian trademarks, in the 2017 edition of World Trademark Review 1000 – The World’s Leading Trademark Professionals.

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