150 York Street, Suite 1100
Toronto, ON, M5H 3S5
Partner: Mark Evans
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Smart & Biggar is widely recognized as Canada's leading firm for intellectual property law. With offices across Canada, and over 100 lawyers, patent agents and trademark agents, we are the largest firm focused purely on IP and related specialty areas.
We specialize in asserting and defending our clients' IP assets to maximize their return on investments and preserve competitive advantage. Intellectual property rights - from patents, industrial designs and trademarks, to trade secrets, confidential information and copyrights - are critical business assets that need to be aggressively protected and enforced.
In high-stakes litigation, we know what it takes to win and we routinely handle Canada's most commercially important and technically complex intellectual property cases. Our lawyers possess a rare combination of successful trial and appellate experience combined with a deeply sophisticated understanding of technical subject matter and analytical expertise - resulting in victories at all levels. From start-up companies in emerging growth sectors to multinational corporations across a broad range of industries, we draw on our vast technical and legal experience to provide creative, effective and cost efficient enforcement and litigation strategies tailored to each client's unique situation and needs.
Smart & Biggar has received Benchmark's Award as Canadian IP Litigation Firm of the Year for six consecutive years. Our Practice Group has vast experience and success in all areas of IP litigation, including:
Patent Litigation & Enforcement
We know what it takes for our clients to win in high stakes IP litigation.
Some of our representative recent victories include:
Largest reported damages award in Canadian history for patent infringement at $645 million
The Dow Chemical Company et al v Nova Chemicals Corporation
Success in the Supreme Court of Canada - Abolishing the "Promise Doctrine" for patents
AstraZeneca Canada Inc v Apotex Inc.
Trial victory to protect Captain Morgan "trade dress" to block competitors and protect brand value
Diageo Canada Inc v Heaven Hill Distilleries Inc.
Precedent-setting decision on copyright infringement netting damages of $12 million
Nintendo of America Inc v King
Unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services
Bell Media Inc. et al v Goldtv.biz et al.
Defended the Pampered Chef “PC Logo” in trademark infringement battle with Canada’s largest retailer
Loblaws Inc v Columbia Insurance Company
Longstanding successful representation for Bauer Hockey in various trademark and patent infringement actions for over 25 years
Bauer Hockey Ltd v Sport Maska Inc dba Reebok-CCM Hockey
For over 100 years, we have remained devoted to protecting our clients' intellectual property and technology assets. Whether we are advising an innovative company on patent strategy or infringement issues, providing counsel on brand protection and enforcement, or handling the IP aspects of a corporate transaction, we provide clients with solutions to protect, enforce and leverage their IP.
Updated April 2022