Strategic IP for a rapidly changing energy industry
Transformative change within the energy sector has intensified the focus on intellectual property strategy. Effective management and targeted growth of an intellectual property (IP) portfolio is critical for companies because the emergence of new technologies offer both challenges and opportunities.
As the fifth-largest natural gas producer and the sixth-largest oil producer in the world, Canada’s extensive resources provide companies with a valuable arena for innovation and growth.
Technical depth
With an interdisciplinary scientific approach and a sophisticated understanding of the competitive landscape of technology, we ensure our energy sector clients acquire, protect, and leverage their IP assets and develop an IP strategy that supports their business objectives and corporate vision.
Our combination of extensive expertise and relevant advanced technical training, enable us to offer unparalleled service across all aspects of intellectual property, including strategy, procurement, due diligence, acquisition and licensing, enforcement and defense.
Legal expertise
As the largest firm practising exclusively in intellectual property law in Canada, we have a unique focus on strategic and effective IP protection for energy development and exploitation. Smith & Biggar is a leader and a trusted advisor to some of the most innovative companies in the energy sector.
We have a distinguished track record and vast experience in IP litigation, including patent, industrial design, trademark, and trade-secret cases. Our team of litigators have appeared at the highest appellate levels of common law and civil law courts, including appearing before the Supreme Court of Canada on more than 50 occasions.
Smart & Biggar has handled a significant share of Canada’s most commercially important and technically complex intellectual property law cases, many of which are leading Canadian precedents. Our litigators are highly-skilled trial lawyers at the very top of the Canadian intellectual property field who also understand the importance of practical business solutions.
Protecting innovation around the world
Our global list of clients ranges from small- and medium-sized companies to some of the largest innovators and enterprises in the world. We collaborate with IP practitioners globally to obtain protection for Canadian inventions and technology abroad, as well as for the protection of innovation in Canada.
Our depth of experience is unmatched
For more than a century, Smart & Biggar has been advising our Canadian and international clients on the fundamental technologies that drive growth in the energy sector. By providing unparalleled strategic IP counsel, our team safeguards and advances our clients’ competitive position in the most important areas of the energy sector, including oil and gas, solar energy, biofuels and biomass processing, wind energy, geothermal energy, nuclear energy, hydroelectric power, and wave and tidal energy.
Key Contacts
Client Success
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Fluid Energy Group v Exaltexx Inc.
2020 FC 81Successfully represented the defendant Exaltexx in obtaining an interlocutory injunction restraining the plaintiff from making certain statements or threats to suppliers of Exaltexx during the pendenc...Read More -
C. Steven Sikes, Aquero, LLC, and Aquial, LLC v Encana Corporation, Cenovus FCCL Ltd, FCCL Partnership and Cenovus Energy Inc
T-1345-13Successfully represented the defendants Cenovus Energy and Encana Corporation in a patent infringement matter in having the action dismissed for delay.Read More -
Betser-Zilevitch v Nexen Inc
2019 FCA 230Successfully represented the respondent Nexen Inc. in having the decision of the Federal Court affirmed whereby a patent infringement matter was deemed discontinued based on a binding settlement agree...Read More -
Badawy v 1038482 Alberta Ltd
2019 FCA 150 -
Badawy v 1038482 Alberta Ltd et al
2018 FC 807Successfully represented the defendant Schneider Electric in having a patent infringement action struck out at the pleadings stageRead More -
Betser-Zilevitch v Nexen Inc
2018 FC 735Successfully represented the defendant Nexen Inc. in a patent infringement matter in having the matter deemed discontinued based on a binding settlement agreement as between the parties.Read More -
Betser-Zilevitch v Nexen Inc
2017 FC 874Successfully represented the defendant Nexen on a conflict motion in a patent infringement matter removing plaintiff’s counsel.Read More -
Shell Canada Ltd v PT Sari Incofood Corp
2008 FCA 279Represented Shell Canada, the opponent against the registration of the trademark JAVACAFE for various foods and beverages. The decisions of the Trademarks Opposition Board and the Federal Court were r...Read More
Related Publications & Articles
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Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program
This article explores the Canadian Intellectual Property Office’s (CIPO) Green Technologies Program, a simple and cost-effective mechanism for fast tracking patent applications related to green techno...Read More -
Canadian Patent Law 2023: A Year in Review
In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points ...Read More -
Canadian Trademark Law 2022: A Year in Review
The article highlights some of the most important new laws, cases, and practice directions from 2022 that brand owners should be aware of when doing business in Canada.Read More -
A limit on demand letters: Federal Court grants rare pre-trial injunction barring potentially false or misleading cease and desist letters
In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, F...Read More -
Federal Court dismisses patent infringement Action for delay
In Sikes et al. v Encana Corporation et al., the Federal Court recently issued an Order dismissing the Action for delay following a status review under section 382.1 of the Federal Courts Rules, where...Read More -
Year-end Round-up: Notable Canadian Patent Cases of 2018
Earlier this month we published an exhaustive review of the life sciences and regulatory cases in the Canadian courts, and decisions on the merits for the year are summarized in our in our Rx IP Updat...Read More -
Protection of functional features through industrial designs
In the decision of Zero Spill Systems Inc v Heide, 2015 FCA 115, the Federal Court of Appeal has clarified the scope of industrial design protection for functional features of a useful article.Read More -
Keeping a (trade) secret in the oilpatch: mitigating risks with patent protection
Discovering the protection offered by a patent can be as promising as striking oil.Read More
Related News & Media
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Smart & Biggar leads the Canadian patent rankings with 23 lawyers and agents listed in IAM Patent 1000
Smart & Biggar is pleased to announce our continued standing as a ‘gold tier' firm in Canada for patent prosecution and litigation, in the 2022 IAM Patent 1000: The World’s Leading Patent Professi...Read More -
Smart & Biggar Calgary Partners participate in PSAC-U webinar "Driving growth in the energy sector through innovation and IP"
On Tuesday, February 2, 2021, Calgary partners Evan Nuttall and Alistair Simpson will present at “PSAC-U: Driving growth in the energy sector through innovation and IP”, a webinar hosted by The Petrol...Read More -
Smart & Biggar welcomes Natalie Galley as a new associate in Montreal
Smart & Biggar, Canada’s leading firm for intellectual property law and agency services, is pleased to share that Natalie Galley has joined our Montreal patent practice as a new associate.Read More -
Chris Collett represents Smart & Biggar at the PROPEL Energy Technology Forum in Calgary
Chris Collett, from Smart & Biggar’s Calgary office, will attend the PROPEL Energy Technology Forum on February 19 and 20, 2020.Read More -
Andrea Berenbaum joins Smart & Biggar bringing her patent expertise to Vancouver
Smart & Biggar is pleased to announce that Andrea Berenbaum has joined the firm as a senior associate in Vancouver.Read More -
Smart & Biggar builds on strength as an IP litigation powerhouse with the additions of Noelle Engle-Hardy and Ryan Evans in Toronto
We are proud to welcome Noelle Engle-Hardy and Ryan Evans as the newest members of Smart & Biggar’s highly skilled IP litigation team.Read More -
Smart & Biggar welcomes Evan Nuttall to Calgary as a partner in our IP Litigation practice
We are proud to announce that Evan Nuttall has joined Smart & Biggar as a partner and member of our IP Litigation practice group.Read More -
Smart & Biggar names Matthew Zischka as Managing Partner
Smart & Biggar is pleased to announce that Matthew Zischka has succeeded Steven Garland as Chair of the firms’ Executive Committee and Managing Partner of the Firm.Read More