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 costefficient 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 five consecutive year. Our Practice Group has vast experience and success in all areas of IP litigation, including:
Patent Litigation & Enforcement
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
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.
Precedent-setting decision on copyright infringement netting damages of $12 million
Nintendo of America Inc v King
Unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services
Bell Media Inc. et al v Goldtv.biz et al.
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.
Last updated March 2020
Bennett Jones is consistently recognized for its expertise in domestic and cross-border litigation. The firm is known for its uncompromising strength in the areas of competition and antitrust, securities, class actions, energy, commercial, intellectual property, fraud, construction, restructuring/insolvency, employment, health, and professional negligence litigation and has prominent practitioners in alternate dispute resolution, including international commercial arbitration. We are committed to working with our clients to develop an effective and cost-efficient strategy to identify and achieve their unique goals in the prosecution and defense of business disputes.
With more than 100 lawyers practicing commercial litigation nationally, Bennett Jones litigators have significant experience in all aspects of dispute resolution, and have leading reputations before courts and tribunals. We represent some of Canada's largest corporations, including energy producers, and technology and telecommunications companies, and are skilled in conducting commercial arbitrations, including those involving issues in the oil and gas, mining and construction industries. Our litigation practice is supported by the considerable strength of our appellate advocacy and judicial review practice which provides clients and referring counsel with specialized and strategic advice on all aspects of cases on appeal or under judicial review.
We are frequently retained by major domestic and international corporations in the defense of class actions. Representing parties at every stage of the lawsuit, from pre-certification motions and applications through to trial, we bring to each phase coordinated strategies and effective communications to streamline the litigation process. We also advise clients on mitigating their class action risk and proactively monitor trends in prospective class action developments.
Recognizing that many disputes are settled prior to trial, our commercial and technical expertise provides another valuable set of skills to the negotiation and settlement of litigation. Our team approach ensures that we provide the most timely, effective and innovative support to our clients. Our lawyers' reputations, contributions to Canadian case law, and distinguished history of service have resulted in top rankings in all major legal directories for many of our litigators, in a multitude of litigation practice areas.
Bennett Jones reflects the integrity and professional excellence of the firm’s Founding Partners. Over the years, the firm has produced some of Canada’s most accomplished legal and business leaders, fostering values that established it as one of Canada’s most successful business law firms. The firm prides itself on offering clients innovative, strategic and forward-thinking approaches to legal and regulatory challenges and opportunities. Mutual respect and independent thought are cornerstones of client and colleague interactions. Bennett Jones is proud to have been recognized for 17 consecutive years as one of Canada’s Best Employers.
Last updated March 2020
Lawson Lundell’s Litigation Group has a focus on commercial litigation and a number of associated specialty areas all supported by the largest dedicated research team in Vancouver. We exclusively assist business clients and maintain a clear objective of achieving the best outcome for our clients either by agreement or through the courts. Our offices are in Vancouver, Calgary, Yellowknife and Kelowna.
Our group is distinguished with rankings from Chambers Global, Chambers Canada, Canadian Legal Lexpert Directory and Best Lawyers in Canada. Lawson Lundell was named “Alberta Law Firm of the Year” at the Benchmark Canada® 2019 Awards. Our team has represented clients at all levels of Court in Canada and before most regulatory tribunals, has appeared before a wide range of administrative panels and in national and international arbitrations.
Jensen Shawa Solomon Duguid Hawkes LLP (known as “JSS Barristers”) is a distinguished litigation firm known for providing high-quality trial representation and advocacy across multiple industries and practice areas, including general corporate and commercial litigation matters, construction claims, oil and gas disputes, data and privacy protection, arbitration and mediations, and class-action suits on both the plaintiff and defendant sides.
JSS Barristers is consistently recognized by peers and clients alike for our bench strength and experience in handling complex litigation matters. Of particular note is the wide variety of files that are handled by our lawyers. From class actions arising out of privacy and data breaches to restructuring and insolvency litigation, our lawyers can draw upon a broad experience base to find the best solution for our clients in all industries.
Our lawyers have appeared at all levels of court in Alberta and Canada, as well as before various regulatory bodies such as the Alberta Securities Commission and the Law Society of Alberta.
In addition to litigation, the firm also boasts extensive experience in dispute resolution alternatives. Multiple partners within the firm are admitted fellows to the UK-based Chartered Institute of Arbitrators and are consistently called upon to adjudicate as sole arbitrator, panel member or panel chair.
The office of JSS Barrister is home to a state-of-the-art arbitration room, complete with video recording capabilities and private breakout rooms, providing the necessary amenities and services to accommodate the needs of all parties involved.
JSS Barristers takes great pride in the reputation that we have earned in the legal community in the form of work referrals. Our referrals come from a variety of sources. Former clients have been valuable advocates for us when they know someone in need, but also conflicted-out lawyers who entrust us with the well-being of their clients.