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 Decision: Federal Court of Appeal affirms award of legal costs of $6.5 million in patent infringement case

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FIRM NEWS
LEGAL DEVELOPMENTS
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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CIPO shines spotlight on patenting in climate change mitigation technologies

by: Houston Brown and James Pan
With the Paris climate agreement having recently come into effect, climate change mitigation technologies have been the focus of widespread discussion and debate.

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Rare Interlocutory Injunction Issued by Federal Court in Trademark Case

by: Daniel Anthony
In a significant decision issued yesterday, Sleep Country Canada Inc v Sears Canada Inc, 2017 FC 148, the Federal Court issued rare interlocutory relief to a Plaintiff in a trademark case.

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New Date set for the Revision of Canada’s Trademark Law

by: Philip Lapin
As we previously reported, Canada will be significantly changing its trademark law. The anticipated date for the implementation of the new law has been pushed back many times by the Canadian government. The most recent forecast from the government, which seems to have been provided with more

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Federal Court of Appeal affirms award of legal costs of $6.5 million in patent infringement case

On February 6, 2017, the Federal Court of Appeal affirmed a decision of the Federal Court concerning a costs award from the liability phase of a patent infringement action between the Dow Chemical Company (“Dow”) and NOVA Chemicals Corporation (“Nova”), 2016 FC 91.

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RANKINGS & RECOGNITION
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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Smart & Biggar achieves top ranking in intellectual property litigation in The 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada

Smart & Biggar announced today that four of our partners have been named among Canada’s top intellectual property lawyers in The 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.

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Smart & Biggar achieves top ranking in intellectual property litigation in The 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada

Smart & Biggar announced today that four of our partners have been named among Canada’s top intellectual property lawyers in The 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.

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