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
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.
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.
Updated April 2022
The story of IMK has been unfolding since 1997. Today, our team of 21 lawyers includes 6 former law clerks, 5 of whom clerked at the Supreme Court of Canada. We have lawyers licensed to practice in Quebec, Ontario and New York. All IMK lawyers and staff are fluent in Canada’s 2 official languages, and members of our team speak a total of 7 other languages.
The strength of our team lies in the diversity of its members. We come from a variety of different backgrounds and work together to respond to our clients’ needs. IMK is a firm on the cutting edge and is a place where gender parity exists at all levels of the firm, including the partnership.
Our versatility combined with top-flight professional expertise helps our firm deliver outstanding value.
Our areas of expertise include administrative law, appellate advocacy, arbitration and mediation, civil and commercial litigation, class actions, constitutional law, construction litigation, employment law, estates and trusts law, insurance law litigation, municipal law, real estate litigation, securities and banking litigation and shareholder disputes.
IMK advises on questions of administrative law and represents clients in this area on a regular basis. Representative mandates include civil proceedings, judicial review, representing clients in administrative investigations, and disciplinary actions before various professional orders.
We are in the rare position of having acted both for investigative bodies such as the Autorité des marchés financiers and for investigated parties such as pharmaceutical companies and pharmacies. We also represent lawyers, notaries, doctors, pharmacists, psychologists, accountants and real estate agents in the context of disciplinary proceedings.
Appeals require different skills than trials. Our team of experienced appellate lawyers knows how to put your best case forward on appeal.
IMK has been involved in more than 20 appeals on the merits at the Supreme Court of Canada, either as a party or as an intervener. We regularly argue before the Quebec Court of Appeal and have also argued before the Federal Court of Appeal and the Courts of Appeal of Ontario and Newfoundland.
Both the Supreme Court of Canada and the Quebec Court of Appeal have named IMK as amicus curiae in major appeals.
Many of our partners and associates started their careers as clerks at the Supreme Court of Canada or other appellate level courts, giving them invaluable insight into appellate-level decision-making. Whether you are looking to change counsel or simply for a second strategic opinion, our team can help you win.
CIVIL AND COMMERCIAL LITIGATION
IMK has distinguished itself in the areas of civil and commercial litigation including real estate, construction, insurance litigation as well as contract and shareholder disputes. A large portion of our mandates directly or indirectly involves one of these fields.
In addition, IMK acts regularly in extraordinary procedures such as seizures, injunctions and Mareva and Anton Piller orders.
Class actions have been part of our stock in trade since the firm was founded in 1997. Our work touches on a number of different areas, including civil law, constitutional law and administrative law. Requiring significant collaborative effort, these files have been instrumental in the development of one of our firm’s hallmark qualities: teamwork.
Class actions can arise in a range of industries and areas of law, and our team can handle them all. In particular, we have experience in class actions involving advertising practices, consumer protection, environmental law, financial products and services, price-fixing, product liability, public law, retiree benefits and securities law.
Our firm has extensive experience in constitutional law. Clients have entrusted us with files involving governmental division of powers, violation of fundamental rights and the constitutionality of numerous laws and bills.
Our representative files include a precedent-setting case before the Court of Appeal permitting the legalization of gay marriage in Quebec. In another case, our lawyers represented the Barreau du Québec in a matter where a number of media organizations were contesting the validity of regulations limiting the recording of images and sound by the media in Quebec courthouses. A number of our lawyers were also involved in the case of the estate of Iranian-Canadian photographer Zahra Kazemi, contesting the constitutionality of state immunity in civil proceedings for torture all the way to the Supreme Court.
Many of our partners and associates started their careers as clerks at the Supreme Court of Canada or other appellate level courts, giving them invaluable insight into major constitutional cases.
IMK regularly represents clients in shareholder disputes and oppression remedies. Our lawyers have handled cases involving companies of all sizes, across a variety of industries, including start-ups as well as established companies.
We represent both minority and majority shareholders and have experience dealing with a range of oppression remedies, including orders for the communication of documents, damages, and the repurchase of shares.
OUR BENCHMARK LITIGATORS
Audrey Boctor — Litigation Star and 40 & Under Hot List
Jean-Michel Boudreau — Future Star
David Grossman — Litigation Star
Raphaël Lescop — Litigation Star
Catherine McKenzie — Litigation Star
Doug Mitchell — Top 50 Trial Lawyers and Litigation Star
Eleni Yiannakis — Litigation Star
WHEN IT REALLY MATTERS, GET US THINKING FOR YOU.
Updated April 2022
At Langlois Lawyers, we offer a complete range of highly regarded legal services spanning civil and commercial litigation, employment and labour law, insurance law, and business law. Our seasoned teams provide counsel in several sectors, such as capital markets, mergers and acquisitions, cross-border transactions, construction and infrastructure, financial institutions and services, governance and ethics, insolvency and restructuring, taxation, maritime law, and intellectual property.
As a leading Québec law firm with over 165 professionals, we distinguish ourselves not only by the excellence of our services and the leadership of our teams, but also by our continued dedication to organizational well-being, all of which contribute to our clients’ successes in and out of the courtrooms.
Our firm’s flexibility coupled with our team’s agility enables us to benefit from cross-practice-and-industry synergies, allowing us to develop tailored business solutions. Our client-centric approach ensures we are providing the accessibility and proximity of a small or medium-sized firm while combining the legal services of a large firm.
Langlois’ litigation team comprises over 90 professionals, making it one of the largest litigation groups in Québec. The team’s strengths cover the entire litigation spectrum and include an efficient case-management approach coupled with constant attention to its clients’ broader interests. The firm’s clients benefit from a team of litigators who are fully functional in both of Canada’s official languages and trained in both civil and common law.
Langlois has acted in many major litigation cases that have shaped Québec’s and Canada’s legal landscape over the past 25 years through their public, political, economic, commercial and social repercussions. We have also acted successfully in a large number of class actions in a variety of industries, including air transportation, banking, telecommunications, automotive, pharmaceutical, and energy.
Areas of Practice:
Pierre Y. Lefebvre
Vincent de l’Étoile
Richard R. Provost
Updated April 2022
As Canada’s law firm, BLG provides high-value advice and advocacy to address our clients’ business challenges and problems. We go beyond legal to anticipate, consult and advise in a rapidly changing digital world.
We have extensive experience acting in specialized and complex deals and disputes. Vigilant, curious and collaborative, we harness technology and innovation to offer our clients exceptional service and value.
With over 750 lawyers across Canada, we serve clients throughout North America, Europe, and Asia. Offering expertise in intellectual property, disputes and corporate transactional matters, our connectivity gives our clients the next-level service required to achieve success in complex and international matters. BLG advises businesses and institutions across all of their legal needs, including M&A and capital markets, complex disputes, financing, and trademark and patent registration.
At BLG, we regularly challenge our thinking to find better, smarter ways to enhance our services and find new ways to practise law. We recently announced a suite of innovative services called BLG Beyond that delivers value-driven, cost-effective solutions to our clients’ most pressing business challenges. Under the category of Managed Services, BLG Beyond offers Beyond eDiscovery, Beyond Leasing, and Beyond Lending. Under the category of Advisory Services, BLG Beyond provides Beyond IP Strategy and Beyond Consulting.
Fully bilingual throughout all practice areas and sectors, BLG excels in Canada’s common and civil law systems. Our five offices operate in Canada’s largest city centres. We offer our clients an established national presence and a global reach through our international network.
The firm continues to build a legacy of ‘firsts’: it was Canada’s first founded law firm, one of the first in North America to implement client service standards, and consistently receives legal industry recognitions for innovation in client service delivery and value.
International Work: We understand the needs of our international and domestic clients and the legal challenges that can affect their opportunities and operations in Canada or abroad. Whether seeking to do business in Canada or internationally, you require a legal partner that will help identify potential risks and provide guidance through any challenges that may arise.
With centuries of combined expertise, our International Group is peerless in our diversity and experience. Our multidisciplinary team of lawyers and intellectual property specialists provides efficient and effective advice to our business, individual and governmental clients.
We represent a diverse range of clients in over 30 languages from across the globe, including China, India, Japan, Korea, the United Kingdom, the United States, Latin America, the Caribbean and EMEA (Europe, the Middle East and Africa).
We serve governments and private and public companies in numerous sectors. Our long history as Canada’s law firm combined with a global network of leading law firms enables us to resolve our clients’ most complex legal challenges, regardless of location.
Diversity: Diversity and inclusiveness are critical to the firm’s success. The principles of employment equity, diversity and human rights are an integral part of our culture. As Canada’s Law Firm, we work hard to ensure that everyone feels valued, respected and included. Our National Director of Diversity & Inclusion, in consultation with our D&I Council, proactively reviews all policies, processes and practices to eliminate barriers and support inclusion. BLG D&I initiatives include training and education, support for parental leaves, affinity groups, diversity-themed celebrations, and tracking and reporting on progress.
Our firm actively participates in and promote programs aimed at improving and celebrating diversity within the legal profession and the broader business community, including our robust Transgender Accommodation and Inclusivity Policy, BLG’s mental health strategy, unconscious bias training, and the development and continued growth of the Driven By Women™ initiative. BLG is a proud partners of Catalyst Canada, Canadian Council for Aboriginal Business, Canadian Centre for Diversity and Inclusion, Canadian Gay & Lesbian Chamber of Commerce and Pride at Work Canada.
Clients & Community: Outside our walls, we contribute to communities across Canada through our pro bono program, our BLG Reads to Kids literacy program, and supporting our members’ charitable efforts through fundraising and volunteer initiatives. BLG supports nearly 200 different non-profit organizations annually, ranging from local charities and grassroots community initiatives to international charitable missions. The firm’s cross-practice and cross-country firm provides more than 20,000 pro bono hours of legal support to nearly 200 not-for-profits and vulnerable individuals.