Canada’s Intellectual Property Firm

Donald MacOdrum

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Donald MacOdrum

  • he/him/his
Counsel
  • Smart & Biggar LLP
Language(s): English

Don MacOdrum has practiced law for over 50 years focusing on intellectual property litigation. He is certified by the Law Society of Ontario as a Specialist in Civil Litigation and as a Specialist in Intellectual Property Law (Patents, Trademarks, and Copyright).

Don has represented clients ranging from individuals to major international corporations in a wide variety of disputes relating to intellectual property and commercial contracts, including patent infringement and validity actions, proceedings under the Patented Medicines (Notice of Compliance) Regulations, contract-related litigation and arbitration, and numerous copyright and trademark cases, in a wide variety of fields including biotechnology, pharmaceuticals, and healthcare products; electronics and electrical systems; oil and gas exploration; farm equipment; sewer and water systems; floor covering, steel making, plastic products, tires; footwear; ships and sub-marine activities; information technology and computer software; household products; personal care products; food products; cable systems; television series; musical works, music publishers and recording artists.

Don has appeared as counsel in the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, and at all levels of courts in Ontario, including the Ontario Superior Court and the Ontario Court of Appeal and in arbitrations. Don has also acted as a mediator in disputes in the Federal Court and Ontario Superior Court of Justice.

Don is involved with several IP organizations. He was a member of the Programme Committee of the International Association for the Protection of Intellectual Property (AIPPI) for six years and was President of the Canadian Group of AIPPI from 2004 to 2006. In 2012, Don received an Award of Merit from AIPPI.

Don is the author of Fox on the Canadian Law of Patents, 5th Edition, which publisher Carswell describes as “the preeminent reference work for patent lawyers and agents in Canada”, as well as numerous articles and presentations on patent and trademark law and other IP topics, and on various litigation topics, particularly IP litigation.

For 15 years he taught Patent Law at the Faculty of Law, University of Windsor.

Qualifications

  • News
  • Industry Involvement

Memberships

  • American Bar Association (ABA)
  • American Intelligence Property Law Association (AIPLA)
  • Canadian Bar Association (CBA)
  • Intellectual Property Institute of Canada (IPIC), Fellow
  • International Association for the Protection of Intellectual Property (AIPPI)
  • Law Society of Ontario (LSO)
  • Toronto Lawyers Association (TLA)
  • Law Society of Ontario (LSO-Cert) - Certified Specialist