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 costefficient 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 five consecutive year. 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.
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.
Last updated March 2020
The dispute resolution lawyers at Burnet, Duckworth & Palmer LLP (BD&P) are recognized as experts in their field and represents clients in complex commercial litigation matters across a range of industry sectors.
BD&P has an extraordinary depth of local industry knowledge and technical expertise, which, hand in hand with talented and experienced litigators, makes it one of the most recognized firms for handling of complex commercial disputes in Western Canada. BD&P has deliberately remained an independent Calgary firm and is uniquely positioned in the market, being the only independent firm of their size and experience focussed on client needs in Alberta.
BD&P works closely with clients not only in relation to current disputes, but also to assist them with litigation preparedness, in order to avoid litigation where possible to minimise potential liability or exposure.
Key areas of service include:
Commercial Litigation: their litigators have a wealth of experience handling complex commercial litigation in a wide range of business disputes. The team regularly appears before all levels of Alberta’s Courts, the courts of other provincial jurisdictions, the Federal Court and the Supreme Court of Canada. Mindful of the cost and time involved in litigation, they seek to find efficient and negotiated solutions to their clients’ disputes.
Arbitration and Alternative Dispute Resolution: the lawyers are seasoned in alternative dispute resolution practices, regularly appearing as counsel in international and domestic arbitrations and judicial dispute resolutions. When their clients’ require dispute resolution outside of the traditional court process, BD&P lawyers draw upon their experience to assist them in determining the best course of action to resolve their issues.
Energy Litigation: BD&P has extensive experience in all oil and gas related matters giving rise to litigation. The dispute resolution team complements and is complemented by the strength of the firm’s energy law practice, enabling the litigators to work closely with colleagues to provide all the resources that are key to resolving clients’ oil and gas disputes.
Securities Litigation: the team provides advice and representation in all areas of securities and corporate litigation before the provincial securities commissions, the major Canadian stock exchanges and the Courts. They are experienced in representing public and private companies, minor and major shareholders, boards of directors, investment dealers, brokers and senior management, providing them with strategic advice on securities law and other related matters.
Construction Litigation: BD&P assists clients in all aspects of industrial, commercial and institutional construction project disputes, which often involve complex, multifaceted issues with multiple parties. The team is skilled in effectively and efficiently advising on disputes of varying size and complexity, whilst maintaining a focused, results-oriented approach.
IP and Technology Litigation: the litigators protect and assert their clients’ best interests when disputes arise from the misuse or misappropriation of their intellectual property. Whether through litigation, arbitration or mediation of these disputes, they provide an innovative service to meet their clients’ objectives.
Tax Litigation: the tax litigators cover all stages of the tax litigation process, including negotiations with appropriate authorities, the provision of opinions, dealing with compliance issues, and appearances before the Tax Court of Canada, the Federal Court and the Federal Court of Appeal. They also appear in the Court of Queen’s Bench on provincial income tax matters, for rectification orders and other declaratory judgements.
Class Actions: BD&P has considerable experience in all aspects of Canadian and U.S. class actions, representing clients in a broad range of commercial class actions. The lawyers have the ability to navigate the procedural complexities unique to class action litigation, and guide clients expertly through the process, from early negotiated settlement to trial.
Estate Litigation: the estate litigation team focuses on the resolution of contentious matters relating to wills, trusts and the administration of complex estates, handling matters in a way that is mindful of the impact that litigation can have on family relationships. The lawyers understand the challenges unique to estate litigation, and strive to assist beneficiaries and trustees in avoiding and resolving claims through effective guidance and advice.
Updated March 2021
Jensen Shawa Solomon Duguid Hawkes LLP (known as “JSS Barristers”) is a distinguished litigation firm known for providing high-quality trial representation and advocacy across multiple industries and practice areas, including general corporate & commercial litigation matters, construction claims, oil & gas disputes, data & privacy protection, arbitration & mediations, and class-action suits on both the plaintiff and defendant sides.
JSS Barristers is consistently recognized by peers and clients alike for our bench strength and experience in handling complex litigation matters. Of particular note is the wide variety of files that are handled by our lawyers. From class actions arising out of privacy and data breaches to restructuring and insolvency litigation, our lawyers can draw upon a broad experience base to find the best solution for our clients in all industries.
Our lawyers have appeared at all levels of court in Alberta and Canada, as well as before various regulatory bodies such as the Alberta Securities Commission and the Law Society of Alberta.
In addition to litigation, the firm also boasts extensive experience in alternative dispute resolution. Multiple partners within the firm are admitted fellows to the UK-based Chartered Institute of Arbitrators and are consistently called upon to adjudicate as sole arbitrator, panel member and panel chair.
The office of JSS Barrister is home to a state-of-the-art arbitration room, complete with video recording capabilities and private breakout rooms, providing the necessary amenities and services to accommodate the needs of all parties involved. JSS Barristers takes great pride in the reputation that we have earned in the legal community in the form of work referrals. Our referrals come from a variety of sources: former clients have been valuable advocates for us when they know someone in need, as well as conflicted-out lawyers who entrust us with the well-being of their clients.
As Canada’s law firm, BLG provides high-value advice and advocacy to address our clients’ business challenges and problems. We go beyond legal to anticipate, consult and advise in a rapidly changing digital world.
We have extensive experience acting in specialized and complex deals and disputes. Vigilant, curious and collaborative, we harness technology and innovation to offer our clients exceptional service and value.
With over 750 lawyers across Canada, we serve clients throughout North America, Europe, and Asia. Offering expertise in intellectual property, disputes and corporate transactional matters, our connectivity gives our clients the next-level service required to achieve success in complex and international matters. BLG advises businesses and institutions across all of their legal needs, including M&A and capital markets, complex disputes, financing, and trademark and patent registration.
At BLG, we regularly challenge our thinking to find better, smarter ways to enhance our services and find new ways to practise law. We recently announced a suite of innovative services called BLG Beyond that delivers value-driven, cost-effective solutions to our clients’ most pressing business challenges. Under the category of Managed Services, BLG Beyond offers Beyond eDiscovery, Beyond Leasing, and Beyond Lending. Under the category of Advisory Services, BLG Beyond provides Beyond IP Strategy and Beyond Consulting.
Fully bilingual throughout all practice areas and sectors, BLG excels in Canada’s common and civil law systems. Our five offices operate in Canada’s largest city centres. We offer our clients an established national presence and a global reach through our international network.
The firm continues to build a legacy of ‘firsts’: it was Canada’s first founded law firm, one of the first in North America to implement client service standards, and consistently receives legal industry recognitions for innovation in client service delivery and value.
International Work: We understand the needs of our international and domestic clients and the legal challenges that can affect their opportunities and operations in Canada or abroad. Whether seeking to do business in Canada or internationally, you require a legal partner that will help identify potential risks and provide guidance through any challenges that may arise.
With centuries of combined expertise, our International Group is peerless in our diversity and experience. Our multidisciplinary team of lawyers and intellectual property specialists provides efficient and effective advice to our business, individual and governmental clients.
We represent a diverse range of clients in over 30 languages from across the globe, including China, India, Japan, Korea, the United Kingdom, the United States, Latin America, the Caribbean and EMEA (Europe, the Middle East and Africa).
We serve governments and private and public companies in numerous sectors. Our long history as Canada’s law firm combined with a global network of leading law firms enables us to resolve our clients’ most complex legal challenges, regardless of location.
Diversity: Diversity and inclusiveness are critical to the firm’s success. The principles of employment equity, diversity and human rights are an integral part of our culture. As Canada’s Law Firm, we work hard to ensure that everyone feels valued, respected and included. Our National Director of Diversity & Inclusion, in consultation with our D&I Council, proactively reviews all policies, processes and practices to eliminate barriers and support inclusion. BLG D&I initiatives include training and education, support for parental leaves, affinity groups, diversity-themed celebrations, and tracking and reporting on progress.
Our firm actively participates in and promote programs aimed at improving and celebrating diversity within the legal profession and the broader business community, including our robust Transgender Accommodation and Inclusivity Policy, BLG’s mental health strategy, unconscious bias training, and the development and continued growth of the Driven By Women™ initiative. BLG is a proud partners of Catalyst Canada, Canadian Council for Aboriginal Business, Canadian Centre for Diversity and Inclusion, Canadian Gay & Lesbian Chamber of Commerce and Pride at Work Canada.
Clients & Community: Outside our walls, we contribute to communities across Canada through our pro bono program, our BLG Reads to Kids literacy program, and supporting our members’ charitable efforts through fundraising and volunteer initiatives. BLG supports nearly 200 different non-profit organizations annually, ranging from local charities and grassroots community initiatives to international charitable missions. The firm’s cross-practice and cross-country firm provides more than 20,000 pro bono hours of legal support to nearly 200 not-for-profits and vulnerable individuals.