Smart & Biggar


Head Office Address:
150 York Street, Suite 1100
Toronto, ON, M5H 3S5

Telephone:+1 587 887 9997
Fax:+1 587 887 9998

Key contacts:

Principal: Mark Evans
Contact this Practitioner

Smart & Biggar is widely recognized as Canada's leading firm for intellectual property law. With offices across Canada, and over 100 lawyers, patent agents and trademark agents, we are the largest firm focused purely on IP and related specialty areas.

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. 

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. Our lawyers possess a rare combination of successful trial and appellate experience combined with a deeply sophisticated understanding of technical subject matter and analytical expertise - resulting in victories at all levels. 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. 

Smart & Biggar has received Benchmark's Award as Canadian IP Litigation Firm of the Year for six consecutive years. Our Practice Group has vast experience and success in all areas of IP litigation, including: 

  • Patent Litigation & Enforcement
  • Pharmaceutical Litigation
  • Trademark Litigation & Enforcement
  • Trademark Oppositions & Cancellation Proceedings
  • Industrial Design Litigation & Enforcement
  • Copyright Litigation & Enforcement
  • IP Crime & Anti-Counterfeiting

We know what it takes for our clients to win in high stakes IP litigation. 

Some of our representative recent victories include: 

Largest reported damages award in Canadian history for patent infringement at $645 million 

The Dow Chemical Company et al v Nova Chemicals Corporation 

Victory in the Federal Court providing relief and clarity for patent owners

Angelcare Development Inc. et al. v Munchkin, Inc.

Success in the Supreme Court of Canada - Abolishing the "Promise Doctrine" for patents

AstraZeneca Canada Inc v Apotex Inc. 

Trial victory to protect Captain Morgan "trade dress" to block competitors and protect brand value 

Diageo Canada Inc v Heaven Hill Distilleries Inc. 

Unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services 

Bell Media Inc. et al v et al. 

Defended the Pampered Chef “PC Logo” in trademark infringement battle with Canada’s largest retailer 

Loblaws Inc v Columbia Insurance Company

Longstanding successful representation for Bauer Hockey in various trademark and patent infringement actions for over 25 years

Bauer Hockey Ltd v Sport Maska Inc dba Reebok-CCM Hockey

For over 100 years, we have remained devoted to protecting our clients' intellectual property and technology assets. Whether we are advising an innovative company on patent strategy or infringement issues, providing counsel on brand protection and enforcement, or handling the IP aspects of a corporate transaction, we provide clients with solutions to protect, enforce and leverage their IP. 

Smart & Biggar proudly operates as part of the IPH Limited group, under its own brand and independent from other IPH member firms.

Updated March 2023