Litigation
Canada's "Go-to firm for IP litigation"
The Legal 500 Canada, 2015 Edition
Canada's "IP Litigation Firm of the Year"
Benchmark Canada 2015 Awards
Canada's "Trademark Contentious Firm of the Year"
Managing Intellectual Property's North America Awards, 2014

Smart & Biggar is a dominant force in intellectual property litigation. We are efficient and highly effective trial lawyers, and no other Canadian firm can claim a more distinguished and successful record. We routinely handle Canada’s most commercially important and technically complex intellectual property cases. Many of our victories on behalf of our clients are leading Canadian precedents, and we have represented clients in the Supreme Court of Canada on more than 50 occasions.

Smart & Biggar is recognized as Canada’s leading IP litigation firm, and our formidable team of litigators provides clients with the unparalleled protection they need. We litigate across Canada — in both the Common Law and Civil Law Courts, at the highest appellate levels and in both official languages. We represent clients in the Federal Court of Canada, and in the Provincial Courts of Quebec, Ontario, British Columbia, and Alberta. We also have significant experience in multijurisdictional cases, successfully representing clients in Canadian disputes and actively involved in the coordination of litigation strategies worldwide.

We know what it takes for our clients to win in high stakes IP litigation. We provide clients with a rare combination of successful trial experience and deep and sophisticated subject matter expertise and analysis — resulting in victories for clients at all levels, in all areas of IP. And because we know the importance of providing our clients with a competitive advantage, we are able to draw upon these skills and experience to develop and provide our clients with effective enforcement and litigation strategies.

The breadth and depth of our litigation group has been recognized both internationally and within the Canadian legal community, and many of our team members have been honoured by leading industry publications, including:

  • Gunars Gaikis (“a patent litigation expert” and “the first name to spring to mind for robust patent protection in branded pharmaceuticals”.)
  • Francois Guay (“one of the top lawyers in the country and is on the juiciest cases in Canada.”, and “a shoo-in for the best litigator in Quebec, if not the whole of Canada.”) Named Canada's Trademark Litigator of the Year for 2013 and 2014 by Benchmark Canada, and recognized with the Canadian Trademark Milestone Case of the Year award by the U.K. publication Managing Intellectual Property (MIP) for success in the Federal Court of Appeal decision in Marlboro Canada v Phillip Morris, 2012 FCA 201.
  • Steven Garland (“top of mind for savvy representation”, “very skilled” and “great. He can really dig in his heels for a client." "Exceptional litigator. He really stands out from the crowd due to the high-profile cases he’s had in recent years.") Named Canada's Trademark Litigator of the Year for 2013 by Benchmark Canada, recognized with the Canadian Trademark Milestone Case of the Year award by the U.K. publication Managing Intellectual Property (MIP) for success in the Federal Court of Appeal decision in Marlboro Canada v Phillip Morris, 2012 FCA 201, and recognized with the 2012 Canadian Patent Case of the Year for success in Amazon.com, Inc v Commissioner of Patents, 2011 FCA 328 by Managing Intellectual Property (MIP).
  • Mark Evans (a “terrific courtroom lawyer,”  “if I were to think of a pure IP litigator, I would think of him. He is fantastic – really on top of his game.” And “a formidable opponent with some great high-profile wins under his belt”.) Recognized for two consecutive years by Benchmark Canada as Canada’s Trademark Litigator of the Year.
  • Sheldon Hamilton (“very successful”, “excellent”, “highly effective” and “he can be recommended in a heartbeat”.)

We have vast experience and success in all areas of IP litigation, including:

• patent litigation

• trademark and trade-dress litigation

• copyright litigation

• industrial design litigation

• false and misleading advertising litigation

• trade secrets litigation

• anti-counterfeiting and IP crime litigation

• domain name disputes and litigation

• alternative dispute resolution

 

 

Primary Contacts
Steven Garland
Partner
Ottawa
Barrister and Solicitor, Patent and Trademark Agent

Phone: 613.232.2486
François Guay
Partner
Montreal
Barrister and Solicitor, Trademark Agent

Phone: 514.954.1500
Mark Evans
Partner
Toronto
Barrister and Solicitor, Patent and Trademark Agent

Phone: 416.593.5514
Gunars Gaikis
Partner
Toronto
Barrister and Solicitor, Patent and Trademark Agent

Phone: 416.593.5514
Sheldon Hamilton
Partner
Toronto
Barrister and Solicitor, Patent and Trademark Agent

Phone: 416.593.5514
Yoon Kang
Partner
Toronto
Barrister and Solicitor, Patent and Trademark Agent

Phone: 416.593.5514
Timothy Lo
Partner
Vancouver
Barrister and Solicitor, Patent and Trademark Agent

Phone: 604.682.7780
Alistair Simpson
Partner
Calgary
Barrister and Solicitor, Patent and Trademark Agent

Phone: 587.887.9997
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