Leaders in complex high-stakes intellectual property litigation
Enforcing and defending IP rights for clients in Canada to achieve maximum protection and the highest possible awards.
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. We also represent and defend clients in related matters involving anti-trust and competition laws, including unfair competition.
Unmatched technical depth
Our lawyers possess a rare combination of successful trial and appellate experience combined with deeply sophisticated understanding of technical subject matter and analytical expertise – resulting in victories at all levels, in all areas of IP. 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.
Fearless defenders of IP
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. We have obtained numerous precedent-setting judgments on behalf of our clients in trial and appellate matters, and have obtained record-setting damages awards. And we have been chosen as Canada’s IP Litigation Firm, for five consecutive years, by Benchmark Canada. International clients also look to us based on our significant experience in multi-jurisdictional cases, successful representation of clients in Canadian disputes and active involvement in the coordination of litigation strategies worldwide.
Key Contacts
Smart & Biggar is the dominant force in intellectual property litigation. Our proven team is made up of highly capable trial and appellate counsel who routinely handle some of Canada’s most commercially important and technically complex intellectual property cases across a broad range of industries.
Client Success
We litigate across Canada, in both the common law and civil law courts, including the Provincial Superior Courts and the Federal Court of Canada, and at the highest appellate levels, in both official languages. We have also represented clients in the Supreme Court of Canada on more than 50 occasions, resulting in many leading Canadian precedents.
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Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc
2024 FC 871Smart & Biggar successfully represented Tekna Plasma Systems (Tekna), the plaintiff in this action.Read More -
Rogers Media Inc et al v John Doe 1 et al
T-1253-23Smart & Biggar successfully represented Rogers Media Inc and Groupe TVA Inc in securing a similar blocking order enjoining Canada’s major Internet Service Providers (ISPs) to block access to unaut...Read More -
Vidéotron Ltée v Technologies Konek Inc
2023 FC 741Smart & Biggar represented the Plaintiffs, Groupe TVA and Videotron, at the trial on the merits in this case involving the unauthorized retransmission by the defendants of TVA Sports.Read More -
Vidéotron Ltée v Technologies Konek Inc
2023 CAF 92Smart & Biggar represented the Plaintiffs, Groupe TVA and Videotron, which were largely successful at summary trial in the Federal Court.Read More -
Bell Media Inc et al v John Doe 1
2022 FC 1432Smart & Biggar successfully represented Bell Media Inc. in securing a similar blocking order enjoining Canada’s major Internet Service Providers (ISPs) to block access to unauthorized online strea...Read More -
Nova Chemicals Corporation v Dow Chemical Company
2022 SCC 43Successfully represented Dow Chemical before the Supreme Court of Canada, affirming the largest reported Canadian patent infringement award in history including the first time that an award was based ...Read More -
Rogers Media Inc et al. v John Doe 1 et al.
2022 FC 775successfully represented the Plaintiffs (Rogers Media Inc, Rogers Communications Inc, BCE Inc, Bell Media Inc, CTV Specialty Television Enterprises Inc, The Sports Network Inc, Le Reseau des Sports (R...Read More -
Angelcare Canada Inc et al v Munchkin Inc et al
2022 FC 507Smart & Biggar successfully represented the Plaintiffs in this patent infringement action concerning a number of patents related to their diaper disposal system sold under the brand name “Diaper G...Read More
Unparalleled Expertise in IP Litigation & Enforcement
Recognized as Canada’s leading IP litigation firm, our proven team of litigators are highly effective trial counsel. No other Canadian firm can claim a more distinguished and successful record. In addition to their courtroom victories, our litigators frequently receive international recognition from IP owners, clients, and peers alike.
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Best Lawyers
IP Law Firm of the Year
2018, 2021-2025The Best Lawyers in Canada -
Legal Media Group
Canadian Patent Strategy Firm of the Year
2013, 2014, 2018, 2021, 2023 & 2024LMG Life Sciences Awards -
Lexpert
IP Boutique Firm of the Year
2020-2024Canadian Law Awards -
Euromoney LMG
Canada Firm of the Year
2021-2024Women in Business Law Americas Awards -
Euromoney LMG
Career Development North America Firm of the Year
2022-2024Women in Business Law Americas Awards -
Euromoney LMG
Work-Life Balance North America Firm of the Year
2023-2024Women in Business Law Americas Awards -
Chambers & Partners
Seven IP leaders
2012 & 2024Chambers Global – The World’s Leading Lawyers for Business -
MIP
Canadian Patent Prosecution Firm of the Year
2019 & 2021-2024Managing IP Americas Awards -
MIP
Canadian IP Boutique Firm of the Year
2011, 2012, 2014, 2016, 2018, 2020-2022, 2024Managing IP Americas Awards -
Chambers & Partners
Band One Firm: IP Litigation
2020, 2023 & 2024Chambers Global – The World’s Leading Lawyers for Business
Related Publications & Articles
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Artificial intelligence (AI) advocacy in the Federal Court
This article explores how AI tools are impacting litigation, focusing on the Federal Court's guidelines for AI use by parties and the Law Society of Ontario’s stance on generative AI.Read More -
Protecting trade secrets and confidential business information in Canada
This article explains how trade secrets and confidential business information are understood and protected in Canada, and offers businesses operating in Canada a selection of best practice insights fo...Read More -
No parley for pirates: Federal Court (Canada) grants innovative remedy to combat sports piracy
In Rogers Media Inc et al v John Doe 1 et al, 2024 FC 1082, the Federal Court (Canada) issued the first site-blocking judgment allowing the applicants to simultaneously protect live content in multipl...Read More -
Angelcare and Playtex seal another win against patent infringer Munchkin
On August 17, 2023, the Federal Court issued its decision in Angelcare Canada Inc. et al. v Munchkin Inc. et al. (2023 FC 1111) regarding the Plaintiffs’ entitlement to certain remedies for patent inf...Read More -
Steps to consider before sending a cease-and-desist letter
A C&D letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued. C&D letters may be used to preserve the s...Read More -
Canadian IP Litigation 2023: Year in Review
The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, sev...Read More -
What to do if a patent owner sends you a cease-and-desist letter
A cease-and-desist (“C&D”) letter typically demands that the recipient stop (cease) doing something now and avoid (desist from) doing it in the future, or risk being sued. In patent disputes, C&am...Read More -
Clearing the clutter: Section 45 proceedings to remove trademark deadwood
Registered trademarks may not be kept indefinitely while sitting idle on the Canadian Trademarks Register, even if renewal fees are paid. Section 45 of the Trademarks Act provides an important tool to...Read More
Related News & Media
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Benchmark Canada once again recognizes Smart & Biggar’s IP litigation team
Smart & Biggar is proud to announce that Benchmark Litigation has recognized our firm once again as a leader for Intellectual Property (IP) Litigation in Canada.Read More -
Smart & Biggar named Canada’s leading intellectual property litigation firm for the ninth consecutive year at the Benchmark Litigation Canada Awards 2023
Smart & Biggar is proud to be named ‘Intellectual Property Litigation Firm of the Year’ at the 2023 Benchmark Litigation Canada Awards. Principals of the firm, Ryan T. Evans and Urszula Wojtyra, w...Read More -
Smart & Biggar shortlisted for IP Litigation in Benchmark Canada Awards 2023
Smart & Biggar is proud to announce that the firm has once again been shortlisted by Benchmark Canada for the ‘IP Litigation Firm of the Year’ award reflecting our leading position in IP litigatio...Read More -
Smart & Biggar principal Steven Garland recognized as “best of the best” by Expert Guides
Smart & Biggar is proud to announce that firm principal Steven Garland has been recognized among the top lawyers in the world in trademarks and life sciences, respectively, by Expert Guides: Best ...Read More -
Smart & Biggar boasts ten lawyers and agents recognized in the 2022 edition of Expert Guides: Rising Stars
Smart & Biggar is proud to share that ten of the firm’s lawyers and agents have been recognized as future IP leaders in the 2022 edition of Expert Guides: Rising Stars. Listed among Canada’s brigh...Read More -
Smart & Biggar ranks ‘Top Tier’ with 18 ‘IP Stars’ and 10 ‘Notable Practitioners’ named in the 2022 Managing Intellectual Property guide
Smart & Biggar is proud to share that 18 partners have been listed as ‘IP Stars’ in the 2022 edition of the Managing Intellectual Property (MIP) guide. In addition to this, 10 of our trademark and...Read More -
Smart & Biggar honoured as Canada’s leading intellectual property litigation firm for the eighth consecutive year at the Benchmark Litigation Canada Awards
Smart & Biggar is thrilled to be named “Intellectual Property Litigation Firm of the Year” once again at the 2022 Benchmark Litigation Canada Awards. The award was announced at an in-person gala a...Read More -
Smart & Biggar tops the ranking for IP Litigation in 2022 Benchmark Canada Guide
Smart & Biggar is proud to share that Benchmark Litigation has recognized our firm once again as a leader for Intellectual Property (IP) Litigation in Canada.Read More