Steven Garland > Smart & Biggar > Ottawa, Canada > Lawyer Profile

Smart & Biggar
55 METCALFE STREET, SUITE 900
PO BOX 2999, STATION D
OTTAWA, ON K1P, 5Y6
Canada

Work Department

IP Litigation and Enforcement

Position

Principal

Career

Steven Garland has over 25 years of trial and appellate experience in intellectual property litigation. He has appeared as counsel before the Supreme Court of Canada, the Federal Court and Federal Court of Appeal, appellate and trial courts for the provinces of Ontario, British Columbia, Alberta, and Nova Scotia, and the Patent Appeal Board and the Trademarks Opposition Board. He also acts on behalf of innovator pharmaceutical and biopharmaceutical companies in respect of patent related matters, including patent infringement actions and proceedings under the PM(NOC) Regulations. In numerous surveys, clients and colleagues have noted him as “an exceptional litigator” and “among the best”.  His victory for the Dow Chemical Company netted the largest reported award in a Canadian patent infringement case on infringing revenues of approximately 1B dollars. Most recently, Steve was named “IP Litigation Lawyer of the Year” and “Top 50 Trial Lawyer in Canada” by Benchmark Litigation, “Patent Practitioner of the Year” by Managing IP and a “Global Elite Thought Leader in Patents” by Who’s Who Legal. In 2018 and 2019, Steve was honoured with Lexology’s “Client Choice Award” for his leading work in the field of Intellectual Property and Patents, and as a stand-out lawyer by senior in-house counsel in Acritas Stars. He was also named “Canadian IP Lawyer of the Year” by Best Lawyers in 2018, “Canada’s Trademark Litigator of the Year” for 2013 by Benchmark Canada, and “Ottawa’s IP Lawyer of the Year” for 2013 by Best Lawyers. Fellow and past president of IPIC. Member and past president of the Canadian Executive Council for AIPPI. Adjunct Professor at uOttawa Law School. BEng (Chemical-Biochemical); LLB. Registered Patent and Trademark Agent. PEng. Ontario Bar, 1992.

Memberships

  • Fellow and past President, Intellectual Property Institute of Canada; Vice-Chair of the Self-Governance Committee
  • Member and Past President of the Canadian Group, International Association for the Protection of Intellectual Property (AIPPI); Chairman of the Q199 Attorney-Client Privilege Committee; Member of the Programme Committee
  • Member, American Intellectual Property Law Association
  • Member, Society of Petroleum Engineers
  • Member, Canadian Bar Association

Education

  • University of Ottawa, LL.B., 1990
  • University of Western Ontario, B.Eng. (Chemical-Biochemical), 1985
  • Professional Engineer (Professional Engineers of Ontario);

Lawyer Rankings

Canada > Intellectual property

(Hall of Fame)

Steven GarlandSmart & Biggar

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.