Firm Profile > Smart & Biggar > Toronto, Canada

Smart & Biggar
York Street

Intellectual property Tier 1

Smart & Biggar is a market-leading IP boutique, with specialists in a full range of IP matters. A top choice for high-stakes disputes, the team acts for rights owners across a huge variety of industry sectors, but has built a particularly strong reputation in the areas of pharmaceuticals and life sciences. François Guay in Montréal is a hugely experienced litigator with expertise covering patents, trademarks, copyright and industrial designs. Sheldon Hamilton, who heads the litigation group, has particular experience in pharmaceutical litigation, as does Gunars Gaikis in Toronto. Mark Evans heads the Toronto office and is an authority on trademark protection, management and counselling services. Also recommended is Mark Biernacki, who focuses on trademark litigation and prosecution.

Other key lawyers:

Key clients

Bell Media Inc., Rogers Media Inc., Groupe TVA Inc.

Pampered Chef; subsidiary of Berkshire Hathaway

Land Title Survey Authority of British Columbia

Upper Crust

Exaltexx Inc.

Bauer Hockey Ltd.

Grupo Bimbo

Cenovus Energy

Bel S.A. and Fromageries Bel Canada Inc.

Dr. Luc Bessette

J.R. Simplot Company and Simplot Canada (II) Limited

Canadian National Railway Company

Cannabis Tier 4

Smart & Biggar's cannabis industry group is composed of specialists in IP transactions, trademarks and patents; regulatory compliance, marketing and advertising; and commercial litigation. Life sciences specialist Alice Tseng in Toronto heads the team. The practice group also has individuals based in Montréal and Vancouver, enabling comprehensive advice on various provincial regulations.

Practice head(s):

Smart & Biggar is Canada’s largest and leading firm practising exclusively in intellectual property and technology law with offices in Ottawa, Toronto, Montreal, Vancouver and Calgary.

The firm offers a sophisticated level of technical depth and expertise – virtually every member of the firm has an engineering or scientific educational background, with over one third having graduate degrees in their area of specialization, and many of their lawyers are also registered patent and trademark agents. Smart & Biggar has prepared, filed and prosecuted more patent and trademark applications than any other firm in Canada and their services are consistently lauded in leading international surveys.

The firm offers clients technology-specific experience in many sectors, including: Life sciences and pharmaceutical, chemical, industrial and mechanical, electrical and electronic, software, information technology and internet, consumer products, media and broadcasting, financial services, aerospace and defence, transportation, consulting services, energy and utilities, food, beverage and tobacco, luxury goods and apparel, metals and mining, retail, telecommunications and cleantech.

Smart & Biggar is also a dominant force in intellectual property litigation. The firm has efficient and highly effective trial lawyers, and no other Canadian firm can claim a more distinguished and successful record. The firm routinely handles Canada’s most commercially important and technically complex intellectual property cases involving high stakes. Many of their victories on behalf of our clients are leading Canadian precedents, and they have represented clients in the Supreme Court of Canada on more than 50 occasions, and in 2017 alone included: obtaining patent damages of $645 million (Dow); abolishing the “Promise Doctrine” for patents in the Supreme Court of Canada (AstraZeneca); preventing the use of confusing “trade dress” to block competitors (Diageo); obtaining a precedent setting copyright decision, and damages of $12 million (Nintendo); and, enforcing copyright as an “architectural work” for a building structure (Lainco)..

Smart & Biggar is recognized as Canada’s leading IP litigation firm, and their formidable team of litigators provides clients with the unparalleled protection they need. They litigate across Canada — in both the Common Law and Civil Law Courts, at the highest appellate levels and in both official languages.

The firm has been recognized as Canada’s “Intellectual Property Firm of the Year” by Chambers & Partners in 2017, “IP Litigation Firm of the Year” by Benchmark Canada for the last three years, Canada’s “Trademark Contentious Firm of the Year” by Managing Intellectual Property’s North America Awards, and Canada’s “Go-to firm for IP ligitgation” by The Legal 500 Canada.

Intellectual property rights are only valuable if they can be protected and exploited intelligently. Smart & Biggar offers a full complement of patent and trademark agency services to associate firms and in-house counsel seeking to protect, exploit or litigate intellectual property rights in Canada. The firm provides unparalleled IP counsel by safeguarding the competitive position of their clients and maximising the value of their IP assets.

Whether your innovations are the product of a moment’s inspiration or the result of years of investment in research and development, let Smart & Biggar demonstrate the many ways in which they can help you to leverage the full potential of your efforts.

Department Name Email Telephone
Intellectual property
Photo Name Position Profile
 Mark Biernacki photo Mark Biernacki Partner
 Mark Evans photo Mark Evans Partner
 Gunars Gaikis photo Gunars Gaikis Partner
 Alice Tseng photo Alice Tseng Partner
Number of Partners : 39
Contacts : Steven Garland (phone: 613 232 2486,