Steven Garland, Smart & Biggar's managing partner, has over 25 years of trial and appellate experience in intellectual property litigation of all types, including issues relating to patent, trademark, copyright, industrial designs, trade secrets and competition law. He has acted in many patent litigation matters that have involved a wide variety of subjects, including chemical, biochemical, pharmaceutical, biotechnological, telephony, mechanical and computer/Internet subject matter.
Steven has appeared as counsel in intellectual property cases at both the Federal Court and Federal Court of Appeal, the Ontario Superior Court and Court of Appeal, the Nova Scotia Supreme Court and Court of Appeal, the Court of Appeal of British Columbia and the Supreme Court of Canada. He also appears before the Patent Appeal Board and the Trademarks Opposition Board. He has also been retained as a mediator in intellectual property disputes. A representative list of some of the parties on whose behalf Steven has acted is provided below.
Steven also acts on behalf of innovator pharmaceutical and biopharmaceutical companies in respect of patent related matters, including patent infringement actions and proceedings under the Patented Medicines (Notice of Compliance) Regulations.
In numerous surveys, clients and colleagues have noted that Steven is a “Fantastic lawyer” who competes in a “broad array of contests”, he is “top of mind for savvy representation”, “very skilled”, "a courtroom ace", “an exceptional litigator”, “really stands out from the crowd due to the high-profile cases he’s had”, and “among the best”.
Several recent decisions in which Steven has acted as successful counsel have become leading cases and have been lauded by national and international legal publications, including:
- Dow Chemical Company et al v Nova Chemicals Corporation,2017 FC 350 (with Jeremy Want, Colin Ingram Daniel Davies, and Kevin Graham) Successfully represented Dow in a patent infringement matter that led to the largest Canadian reported accounting of defendant’s profits awards in respect of revenues of approximately $1B dollars
- Dow Chemical Company et al v Nova Chemicals Corporation,2017 FCA 25 (with Jeremy Want, Colin Ingram Daniel Davies, and Kevin Graham) Successfully represented the client in respect of one of the largest court cost awards in Federal Court history ($6.5 million).
- Marlboro Canada v Phillip Morris, 2012 FCA 201 (with François Guay and Geneviève Prévost), which was selected by Managing Intellectual Property as the 2013 Canadian Trademark Milestone Case of the Year;
- Amazon.com, Inc v Commissioner of Patents, 2011 FCA 328(with Colin B. Ingram and John R. Morrissey), which was recognized by Managing Intellectual Property as the 2012 Canadian Patent Case of the Year; and
- Amazon.com, Inc v Commissioner of Patents, 2010 FC 1011(also with Colin B. Ingram and John R. Morrissey), which was chosen by LEXPERT Magazine as the 2010 Canadian Business Case of the Year.
Steven is a Past President of the International Association for the Protection of Intellectual Property (AIPPI) Canadian Group, and a Past President of the Intellectual Property Institute of Canada. He is also an adjunct professor at the University of Ottawa Law School, where he teaches patent law. Steven is a regular writer and lecturer on intellectual property matters, both in Canada and internationally. He is also a member of the editorial board of the international publication Intellectual Property Magazine. Prior to becoming a lawyer, Steven was a Reservoir Engineer in the Canadian oil and gas industry.