Headquarters:
Ottawa, Montréal, Toronto, Calgary and Vancouver, Canada
Year founded:
1890
Number of employees:
41 partners and 350 employees
Phone:
416 640 2667
Email:
info@smartbiggar.ca
Website:
smartbiggar.ca
LinkedIn:
linkedin.com/company/smartbiggar
"It’s allowed us to make more informed decisions backed by data and also strengthen our compliance audit system and improve customer interactions with the business."
Stuart Brady,
Shielded Insurance Brokers
"It’s allowed us to make more informed decisions backed by data and also strengthen our compliance audit system and improve customer interactions with the business."
Stuart Brady,
Shielded Insurance Brokers
As Canada’s largest intellectual property firm – and among its oldest – Smart & Biggar LLP handles more patent and trademark applications combined that are filed with the Canadian intellectual office each year than any other firm. Matthew Zischka, the firm’s Managing Partner, says he is proud of this show of faith from the companies and brands that do business with the firm.
“A lot of clients come to us with very large IP portfolios, and one of the reasons they come to us is because they have confidence that we’re big enough and sophisticated enough to handle these large portfolios,” he says. “And that we know how to deal with any changes to patent and trademark laws that come along.”
The firm’s roots date back to 1890, at the dawn of an exciting period of invention around the world, during which the incandescent lamp, rotary dial and zipper were among the major products invented. Originating as a patent agency under the name Fetherstonhaugh & Co, one of the firm’s early founders Frederick B Fetherstonhaugh notably commissioned the first electric car in Canada.
Within a few decades of its founding, the patent agency expanded its IP services and joined forces with the law practice Smart & Biggar, founded by partners Russel S Smart and Oliver M Biggar. Today the firm has offices across Canada in five major cities: Ottawa, Toronto, Montréal, Vancouver, and Calgary with about 100 professional staff, including lawyers, trademark agents and patent agents, and technical consultants. When legal support staff are added in, Smart & Biggar employs about 350, Zischka says.
With a practice that focuses almost exclusively on IP matters, much of Smart & Biggar’s work for clients involves securing, protecting and managing IP rights including patents, trademarks, copyrights and trade secrets, he says. About a third of the firm’s practice centres on complex IP-related litigation, of which pharmaceutical IP litigation makes up a significant part, alongside related areas involving regulatory compliance and pricing issues before the Patented Medicine Prices Review Board. The firm uniquely handles the full spectrum of IP litigation involving both patents and trademarks and on the copyright side they have successfully represented notable clients on high-stakes infringement matters involving illegal content streaming and video game piracy, securing rare injunctions and record damages awards .
Zischka says it is an exciting yet challenging time to practice IP law, especially considering significant changes made over the last few years. “The Canadian IP system is constantly evolving, and IP is increasingly important to the commercial success of companies; as a result, our practice must keep evolving to keep up with the laws and to help our clients benefit from these changes in the IP landscape.”
Recently, there have been what Zischka describes as significant legislative changes to both the Trademarks Act and the Patent Act, and this has required the firms to adapt practices to align and respond. For example, Canada has adopted new practices to meet its obligations under international treaties like the Madrid Protocol for trademarks which allows clients to file trademark applications for different countries through a one-step process. Similarly, patent laws have been evolving to meet requirements under CETA
and CUSMA.
Says Zischka: “A lot of our rules, deadlines, and timing requirements have changed, and it really has required our firm to revamp our systems significantly to deal with that.”
Overall, the changes are designed to make the process of acquiring and managing IP rights easier and more cost effective for clients, he says, and Smart & Biggar has dedicated a lot of resources towards improving its systems to handle a higher volume of applications with precision, to make sure deadlines aren’t missed and to ensure the process flows smoothly for clients. The importance of keeping on top of client files has always been paramount at Smart & Biggar, and has taken on a new level of urgency especially given all the recent changes in law and the impacts of the COVID-19 pandemic, which has caused a backlog in government IP offices.
“So, when clients come to us with their patent and trademark applications and other IP-related work, we’re proud of the fact that they feel comfortable that we can do the job right, and without issues” Zischka says.
Smart & Biggar’s clients are among the world’s most important innovators and brand owners, who choose the firm for its comprehensive IP expertise, high quality of advisory services, and unmatched bench strength and track record of success in litigation. The firm has deep knowledge and expertise across a wide range of technologies and industries, enabling it to provide clients with specialized advice and IP solutions to protect their innovations and strategically maximize the value of their IP for business growth.
Read on
IB Top Brokerages
Award Winner
SHIELDED INSURANCE BROKERS
Award Winner
SMART & BIGGAR LLP
Matthew Zischka
Firm Managing Partner
Daphne Lainson
Partner, National Practice Leader for
Life Sciences, Chair of the Firm
Elliott Simcoe
Partner, National Practice Leader, Patents (Electrical and Mechanical)
Leadership
Matthew Zischka is a lawyer and patent agent with over 25 years of experience in patent prosecution, strategy and licensing and litigation support, combined with deep cross-industry knowledge. His focus is on helping his clients successfully commercialize and protect their intellectual property guiding them through complex IP challenges with legal opinions and advice on transactions, licensing, assertions of patent infringement, and interpretation of commercial contracts and agreements.
Firm Managing Partner
Matthew Zischka
Daphne Lainson is a lawyer and patent agent with over two decades of experience helping clients protect and leverage inventions across the spectrum of life sciences and chemical innovation. Many of the world’s top innovators rely on her advice and counsel to secure comprehensive patent protection for their chemical, pharmaceutical and biotechnology-related inventions in Canada.
Partner, National Practice Leader for Life Sciences, Chair of the Firm
Daphne Lainson
Elliott Simcoe has over two decades of wide-ranging experience in intellectual property law working with top-tier, blue-chip and mid-size companies in high-growth industries. Understanding what his clients have on the line, and a commitment to their commercial success, drives him to ensure a highly precise, no-surprises approach to the management of their IP portfolios, from prosecution to enforcement.
Elliott helps his clients protect and leverage rights for technologies and innovations in electrical and computer-related fields, including software and AI. He is also regularly involved with matters relating to patent litigation, Canadian trademark drafting and prosecution, and copyright, bringing significant expertise in domain name matters, including acquisition and licensing to the table.
While the majority of Elliott’s work is conducted for clients based in Canada and the United States, he also provides frequent assistance to clients of associate firms in the US and Europe on matters related to procuring intellectual property protection in Canada.
As a firm leader, Elliott serves as national practice chair for patents, electrical and mechanical.
Partner,
National Practice Leader,
Patents (Electrical and Mechanical)
Elliott Simcoe
SPECIAL REPORT
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Bio
Read on
Award Winner
SMART & BIGGAR LLP
Kohji Suzuki
Partner, National Practice Leader, Trademarks and Brand Protection
Daphne Lainson
Partner, National Practice Leader for Life Sciences, Chair of the Firm
Matthew Zischka
Firm Managing Partner
Leadership
Headquarters:
Ottawa, Montréal, Toronto, Calgary and Vancouver, Canada
Year founded:
1890
Number of employees:
41 partners and 350 employees
Phone:
416 640 2667
Email:
info@smartbiggar.ca
Website:
smartbiggar.ca
LinkedIn:
linkedin.com/company/smartbiggar
Matthew Zischka is a lawyer and patent agent with over 25 years of experience in patent prosecution, strategy and licensing and litigation support, combined with deep cross-industry knowledge. His focus is on helping his clients successfully commercialize and protect their intellectual property guiding them through complex IP challenges with legal opinions and advice on transactions, licensing, assertions of patent infringement, and interpretation of commercial contracts and agreements.
Firm Managing Partner
Matthew Zischka
Daphne Lainson is a lawyer and patent agent with over two decades of experience helping clients protect and leverage inventions across the spectrum of life sciences and chemical innovation. Many of the world’s top innovators rely on her advice and counsel to secure comprehensive patent protection for their chemical, pharmaceutical and biotechnology-related inventions in Canada.
Partner, National Practice Leader for Life Sciences, Chair of the Firm
Daphne Lainson
Kohji Suzuki has 25 years of experience in creating sophisticated IP strategies for both top-tier multinational corporations and mid-size innovative companies seeking to accelerate their growth. Kohji’s IP expertise is diverse, with a current emphasis on trademarks and brand protection as well as mechanical patent procurement and strategic IP enforcement.
Earlier in his career, Kohji focused on litigating his clients’ IP rights, including patent and trademark proceedings before the Ontario and Federal Courts. With his wide-reaching, strategic perspective, he successfully manages the IP portfolios of large corporations headquartered in Canada, the US, Japan and Europe. He also helps smaller, growing companies gain a competitive foothold by protecting and strengthening their IP assets.
As a firm leader, Kohji is the national practice chair for trademarks and brand protection.
Partner,
National Practice Leader,
Trademarks and Brand Protection
Kohji Suzuki
SPECIAL REPORT
Home
Bio
For the second year running, Shielded Insurance Brokers has claimed the number-one spot among IB’s Top Brokerages. In 2020, it was record-setting growth that drove the company’s impressive success. This year, says managing director Stuart Brady, the key ingredient behind the win is the Shielded culture. Brady is proud of the shared vision for constant improvement across all aspects of the business. “We are thrilled to take out the win again, and it’s hats off to the team for their hard work over the past year,” he says.
"It’s allowed us to make more informed decisions backed by data and also strengthen our compliance audit system and improve customer interactions with the business."
Stuart Brady,
Shielded Insurance Brokers
"It’s allowed us to make more informed decisions backed by data and also strengthen our compliance audit system and improve customer interactions with the business."
Stuart Brady,
Shielded Insurance Brokers
Read on
Award Winner
SMART & BIGGAR LLP
Sheldon Hamilton
Partner, National Practice Leader, IP Litigation and Enforcement
Daphne Lainson
Partner, National Practice Leader for Life Sciences, Chair of the Firm
Matthew Zischka
Firm Managing Partner
Leadership
Headquarters:
Ottawa, Montréal, Toronto, Calgary and Vancouver, Canada
Year founded:
1890
Number of employees:
41 partners and 350 employees
Phone:
416 640 2667
Email:
info@smartbiggar.ca
Website:
smartbiggar.ca
LinkedIn:
linkedin.com/company/
smartbiggar
SPECIAL REPORT
Home
Bio
Matthew Zischka is a lawyer and patent agent with over 25 years of experience in patent prosecution, strategy and licensing and litigation support, combined with deep cross-industry knowledge. His focus is on helping his clients successfully commercialize and protect their intellectual property guiding them through complex IP challenges with legal opinions and advice on transactions, licensing, assertions of patent infringement, and interpretation of commercial contracts and agreements.
Firm Managing Partner
Matthew Zischka
Daphne Lainson is a lawyer and patent agent with over two decades of experience helping clients protect and leverage inventions across the spectrum of life sciences and chemical innovation. Many of the world’s top innovators rely on her advice and counsel to secure comprehensive patent protection for their chemical, pharmaceutical and biotechnology-related inventions in Canada.
Partner, National Practice Leader for Life Sciences, Chair of the Firm
Daphne Lainson
Kohji Suzuki has 25 years of experience in creating sophisticated IP strategies for both top-tier multinational corporations and mid-size innovative companies seeking to accelerate their growth. Kohji’s IP expertise is diverse, with a current emphasis on trademarks and brand protection as well as mechanical patent procurement and strategic IP enforcement.
Earlier in his career, Kohji focused on litigating his clients’ IP rights, including patent and trademark proceedings before the Ontario and Federal Courts. With his wide-reaching, strategic perspective, he successfully manages the IP portfolios of large corporations headquartered in Canada, the US, Japan and Europe. He also helps smaller, growing companies gain a competitive foothold by protecting and strengthening their IP assets.
As a firm leader, Kohji is the national practice chair for trademarks and brand protection.
Partner,
National Practice Leader,
Trademarks and Brand Protection
Kohji Suzuki
For the second year running, Shielded Insurance Brokers has claimed the number-one spot among IB’s Top Brokerages. In 2020, it was record-setting growth that drove the company’s impressive success. This year, says managing director Stuart Brady, the key ingredient behind the win is the Shielded culture. Brady is proud of the shared vision for constant improvement across all aspects of the business. “We are thrilled to take out the win again, and it’s hats off to the team for their hard work over the past year,” he says.
Kohji Suzuki
Partner, National Practice Leader, Trademarks and Brand Protection
Kohji Suzuki has 25 years of experience in creating sophisticated IP strategies for both top-tier multinational corporations and mid-size innovative companies seeking to accelerate their growth. Kohji’s IP expertise is diverse, with a current emphasis on trademarks and brand protection as well as mechanical patent procurement and strategic IP enforcement.
Earlier in his career, Kohji focused on litigating his clients’ IP rights, including patent and trademark proceedings before the Ontario and Federal Courts. With his wide-reaching, strategic perspective, he successfully manages the IP portfolios of large corporations headquartered in Canada, the US, Japan and Europe. He also helps smaller, growing companies gain a competitive foothold by protecting and strengthening their IP assets.
As a firm leader, Kohji is the national practice chair for trademarks and brand protection.
Partner,
National Practice Leader,
Trademarks and Brand Protection
Kohji Suzuki
Elliott Simcoe
Partner, National Practice Leader, Patents (Electrical and Mechanical)
Elliott Simcoe has over two decades of wide-ranging experience in intellectual property law working with top-tier, blue-chip and mid-size companies in high-growth industries. Understanding what his clients have on the line, and a commitment to their commercial success, drives him to ensure a highly precise, no-surprises approach to the management of their IP portfolios, from prosecution to enforcement.
Elliott helps his clients protect and leverage rights for technologies and innovations in electrical and computer-related fields, including software and AI. He is also regularly involved with matters relating to patent litigation, Canadian trademark drafting and prosecution, and copyright, bringing significant expertise in domain name matters, including acquisition and licensing to the table.
While the majority of Elliott’s work is conducted for clients based in Canada and the United States, he also provides frequent assistance to clients of associate firms in the US and Europe on matters related to procuring intellectual property protection in Canada.
As a firm leader, Elliott serves as national practice chair for patents, electrical and mechanical.
Partner,
National Practice Leader,
Patents (Electrical and Mechanical)
Elliott Simcoe
Elliott Simcoe
Partner, National Practice Leader, Patents (Electrical and Mechanical)
Elliott Simcoe has over two decades of wide-ranging experience in intellectual property law working with top-tier, blue-chip and mid-size companies in high-growth industries. Understanding what his clients have on the line, and a commitment to their commercial success, drives him to ensure a highly precise, no-surprises approach to the management of their IP portfolios, from prosecution to enforcement.
Elliott helps his clients protect and leverage rights for technologies and innovations in electrical and computer-related fields, including software and AI. He is also regularly involved with matters relating to patent litigation, Canadian trademark drafting and prosecution, and copyright, bringing significant expertise in domain name matters, including acquisition and licensing to the table.
While the majority of Elliott’s work is conducted for clients based in Canada and the United States, he also provides frequent assistance to clients of associate firms in the US and Europe on matters related to procuring intellectual property protection in Canada.
As a firm leader, Elliott serves as national practice chair for patents, electrical and mechanical.
Partner,
National Practice Leader,
Patents (Electrical and Mechanical)
Elliott Simcoe
Sheldon Hamilton
Partner, National Practice Leader, IP Litigation and Enforcement
Sheldon Hamilton has acted as counsel for many of the world’s most innovative companies, successfully protecting their commercially valuable IP assets for more than two decades. Recognized as one of Canada’s leading patent litigation lawyers, Sheldon’s poise and perseverance in tough courtroom situations has earned him the respect of clients and peers alike.
Sheldon has extensive trial experience focusing on issues of patent infringement and validity and damage quantification. He is praised by clients as a “pharma whiz” for his expertise in pharmaceutical litigation, appearing as both trial and appellate counsel, including in proceedings under the Patented Medicines (Notice of Compliance) Regulations.
A firm leader, Sheldon is the national practice chair for IP litigation and enforcement.
Partner, National Practice Leader,
IP Litigation and Enforcement
Sheldon Hamilton
Sheldon Hamilton
Partner, National Practice Leader, IP Litigation and Enforcement
Sheldon Hamilton has acted as counsel for many of the world’s most innovative companies, successfully protecting their commercially valuable IP assets for more than two decades. Recognized as one of Canada’s leading patent litigation lawyers, Sheldon’s poise and perseverance in tough courtroom situations has earned him the respect of clients and peers alike.
Sheldon has extensive trial experience focusing on issues of patent infringement and validity and damage quantification. He is praised by clients as a “pharma whiz” for his expertise in pharmaceutical litigation, appearing as both trial and appellate counsel, including in proceedings under the Patented Medicines (Notice of Compliance) Regulations.
A firm leader, Sheldon is the national practice chair for IP litigation and enforcement.
Partner,
National Practice Leader,
IP Litigation and Enforcement
Sheldon Hamilton
Kohji Suzuki
Partner, National Practice Leader, Trademarks and Brand Protection
Sheldon Hamilton has acted as counsel for many of the world’s most innovative companies, successfully protecting their commercially valuable IP assets for more than two decades. Recognized as one of Canada’s leading patent litigation lawyers, Sheldon’s poise and perseverance in tough courtroom situations has earned him the respect of clients and peers alike.
Sheldon has extensive trial experience focusing on issues of patent infringement and validity and damage quantification. He is praised by clients as a “pharma whiz” for his expertise in pharmaceutical litigation, appearing as both trial and appellate counsel, including in proceedings under the Patented Medicines (Notice of Compliance) Regulations.
A firm leader, Sheldon is the national practice chair for IP litigation and enforcement.
Partner,
National Practice Leader,
IP Litigation and Enforcement
Sheldon Hamilton
François Guay
Partner, National Practice Leader, IP Strategy
Member of the Executive Committee
François Guay is among the most experienced IP litigators in Canada and a highly sought-after advisor to the largest, most innovative companies in the world. His experience allows him to provide strategic IP counsel and reliable, early cost-benefit assessments to clients and senior business executives to allow them to plan ahead confidently and get an edge over their competitors.
Having practiced exclusively in IP litigation for over three decades, François has argued many cases that have resulted in leading jurisprudence in the fields of patents, trademarks, industrial design, copyright, unfair competition, trade secrets and computer-related technology. He has been involved in more than 200 cases.
François is a member of the firm’s executive committee, and is the national practice chair for IP strategy.
Partner,
National Practice Leader,
IP Strategy Member of the Executive Committee
François Guay
François Guay
Partner, National Practice Leader, IP Strategy
Member of the Executive Committee
François Guay is among the most experienced IP litigators in Canada and a highly sought-after advisor to the largest, most innovative companies in the world. His experience allows him to provide strategic IP counsel and reliable, early cost-benefit assessments to clients and senior business executives to allow them to plan ahead confidently and get an edge over their competitors.
Having practiced exclusively in IP litigation for over three decades, François has argued many cases that have resulted in leading jurisprudence in the fields of patents, trademarks, industrial design, copyright, unfair competition, trade secrets and computer-related technology. He has been involved in more than 200 cases.
François is a member of the firm’s executive committee, and is the national practice chair for IP strategy.
Partner,
National Practice Leader,
IP Strategy Member of the Executive Committee
François Guay
François Guay
Partner, National Practice Leader, IP Strategy
Member of the Executive Committee
François Guay is among the most experienced IP litigators in Canada and a highly sought-after advisor to the largest, most innovative companies in the world. His experience allows him to provide strategic IP counsel and reliable, early cost-benefit assessments to clients and senior business executives to allow them to plan ahead confidently and get an edge over their competitors.
Having practiced exclusively in IP litigation for over three decades, François has argued many cases that have resulted in leading jurisprudence in the fields of patents, trademarks, industrial design, copyright, unfair competition, trade secrets and computer-related technology. He has been involved in more than 200 cases.
François is a member of the firm’s executive committee, and is the national practice chair for IP strategy.
Partner,
National Practice Leader,
IP Strategy Member of the Executive Committee
François Guay