Matthew Zischka > Smart & Biggar > Toronto, Canada > Lawyer Profile

Smart & Biggar
York Street

Work Department





Matthew Zischka is the managing director of Smart & Biggar. He leverages 20 years of patent prosecution, licensing, and litigation experience with deep industry knowledge to commercialize and protect intellectual property. Matthew is adept at counselling and guiding electrical, electronics, software, and mechanical clients through complex IP challenges. He provides legal opinions and advice on transactions, licensing, assertions of patent infringement, and interpretation of commercial contracts and agreements. He is known for his attention to detail, technical knowledge, and understanding of industry changes. Clients and colleagues note him to be an “excellent” lawyer and “a great ambassador for the profession.” He often lectures on intellectual property law topics and is a former Course Director for the McGill/IPIC Patents Course. In addition to being annually recognized by Lexpert®, Matthew is consistently listed as an expert in Canadian intellectual property law and patent law in various national and international surveys, including The Best Lawyers in CanadaIAM Global Leaders, IAM Patent 1000World IP Review Leaders, Who’s Who Legal for Canada and IP, and Managing Intellectual Property’s IP Stars Handbook: Patents. Fellow of IPIC and Executive Council Member of AIPPI Canada. BASc, LLB. Registered Patent and Trademark Agent. Called to the Ontario Bar in 1995 and called to the British Columbia Bar in 2022.


  • Member, International Association for the Protection of Intellectual Property (AIPPI);
  • Executive Council Member, AIPPI Canada
  • Fellow, Intellectual Property Institute of Canada; Chair of the Patent Legislation Committee, past member of the International Patent Issues Committee, past member of the Patent Agent Examination Board (2003-2005)
  • Member, American Intellectual Property Law Association
  • Member, Institute of Electrical and Electronics Engineers


Lawyer Rankings

Canada > Intellectual property

Smart & Biggar is Canada’s leading IP and technology boutique, leveraging over 130 years in the market and five offices nationally. In Toronto, Mark Evans is a star name for trademark protection, management and counselling, also enjoying a track record in precedent setting disputes, whereas Nancy Pei is a market leader for pharmaceutical patents and litigation, as well as operations within the life sciences sector; the duo are based alongside Matthew Zischka, the firm’s managing partner, Sheldon Hamilton, who leads the litigation group, as well as Mark Biernacki, an up-and-coming partner for all-manner of disputes, including trademark, copyright, patent and industrial design proceedings within the higher courts. The Ottawa office is home to firm chair, Daphne Lainson, as well as Elliott Simcoe who leads the patents, electrical and mechanical group, and Steven Garland who has undertaken all-manner of critical disputes for names such as Amazon, McDonald’s and Shell. François Guay serves as chair of the IP strategy group, operating from the Montreal office, and has notably provided representation in over 100 jurisprudence cases including those with patent, industrial design and copyright elements.