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  • profile Tamara O’Connell awarded the IPIC prize for the highest overall mark in the 2015 Canadian Patent Agent Examination

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DÉVELOPPEMENTS LÉGAUX
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

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Canadian Federal Court of Appeal denies third party intervention in appeal of Trademark challenge
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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

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Official marks can be challenged by judicial review
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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

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CLASSEMENT ET DISTINCTIONS
Best Lawyers in Canada honours more IP and technology lawyers at Smart & Biggar than any other Canadian Firm
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Gunars Gaikis recognized as the Best of the Best by Expert Guides
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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
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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
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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
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