Canada Canada Global Patent Litigation Global Patent Litigation Canada Canada Authors Authors Steven B. Garland Steven B. Garland Steven Garland is a partner in the Ottawa office of Smart & Biggar/Fetherstonhaugh. For over Steven Garland is a partner in the Ottawa office of Smart & Biggar/Fetherstonhaugh. For over twenty-five years, his practice has focused primarily on intellectual property litigation of all types twenty-five years, his practice has focused primarily on intellectual property litigation of all types including issues relating to patent, trademark, copyright, industrial design, trade secret and including issues relating to patent, trademark, copyright, industrial design, trade secret and competition law. He has acted on many patent litigation matters that have involved a wide variety of competition law. He has acted on many patent litigation matters that have involved a wide variety of subjects, including chemical, biochemical, biotechnological, electrical, telephony, mechanical and subjects, including chemical, biochemical, biotechnological, electrical, telephony, mechanical and industrial subject matters. Mr Garland has appeared as counsel in intellectual property cases in the industrial subject matters. Mr Garland has appeared as counsel in intellectual property cases in the Federal Court of Canada, Federal Court of Appeal, Ontario Superior Court and Court of Appeal, Federal Court of Canada, Federal Court of Appeal, Ontario Superior Court and Court of Appeal, Supreme Court of Nova Scotia, Nova Scotia Court of Appeal, British Columbia Court of Appeal and Supreme Court of Nova Scotia, Nova Scotia Court of Appeal, British Columbia Court of Appeal and Supreme Court of Canada. Supreme Court of Canada. Mr Garland was called to the Ontario Bar in 1992. He is also a registered trademark agent (1992), a Mr Garland was called to the Ontario Bar in 1992. He is also a registered trademark agent (1992), a registered patent agent (1993) and a licensed professional engineer (P.Eng.) for the province of registered patent agent (1993) and a licensed professional engineer (P.Eng.) for the province of Ontario. Ontario. Mr Garland is a member and past President of the International Association for the Protection of Mr Garland is a member and past President of the International Association for the Protection of Intellectual Property (AIPPI) Canadian Group, and a fellow and past President of the Intellectual Intellectual Property (AIPPI) Canadian Group, and a fellow and past President of the Intellectual Property Institute of Canada (IPIC). He is also a member of the Canadian Bar Association (CBA), Property Institute of Canada (IPIC). He is also a member of the Canadian Bar Association (CBA), and the American Intellectual Property Law Association (AIPLA). and the American Intellectual Property Law Association (AIPLA). Mr Garland has been: Mr Garland has been: – Named Canada’s Trademark Litigator of the Year for 2013 by Benchmark Canada. – Named Canada’s Trademark Litigator of the Year for 2013 by Benchmark Canada. – Named Best Lawyers’ 2013 Ottawa Intellectual Property Law Lawyer of the Year. – Named Best Lawyers’ 2013 Ottawa Intellectual Property Law Lawyer of the Year. – Recognized annually since the inaugural edition in 2012 as a ‘Local Litigation – Recognized annually since the inaugural edition in 2012 as a ‘Local Litigation Star’ in Benchmark Canada under Intellectual Property. Star’ in Benchmark Canada under Intellectual Property. – Recognized annually since the inaugural Canada Chapter in 2013 of LMG Life – Recognized annually since the inaugural Canada Chapter in 2013 of LMG Life Sciences as a ‘Life Science Star’ under Intellectual Property. Sciences as a ‘Life Science Star’ under Intellectual Property. – Recognized annually as an ‘IP Star’ since the inaugural edition in 2014 of – Recognized annually as an ‘IP Star’ since the inaugural edition in 2014 of Managing Intellectual Property’s IP Stars Handbook: Trademark & Copyright. Managing Intellectual Property’s IP Stars Handbook: Trademark & Copyright. – Recognized annually as an ‘IP Star’ since the inaugural edition in 2014 of – Recognized annually as an ‘IP Star’ since the inaugural edition in 2014 of Managing Intellectual Property’s IP Stars Handbook: Patents. Managing Intellectual Property’s IP Stars Handbook: Patents. – Featured in Lexpert’s Special Edition on Litigation and The Globe and Mail’s Report – Featured in Lexpert’s Special Edition on Litigation and The Globe and Mail’s Report on Business Magazine as a Leading Canadian Litigator since 2013. on Business Magazine as a Leading Canadian Litigator since 2013. – Recognized annually in the Lexpert® Guide to the Leading US/Canada Cross-Border – Recognized annually in the Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada under Intellectual Property Litigation since 2012. Litigation Lawyers in Canada under Intellectual Property Litigation since 2012. – Recognized annually since 2013 in The LEXPERT®/American Lawyer Guide to the – Recognized annually since 2013 in The LEXPERT®/American Lawyer Guide to the Leading 500 Lawyers in Canada under Intellectual Property Litigation. Leading 500 Lawyers in Canada under Intellectual Property Litigation. – Selected to appear in The 2013 LEXPERT®/American Lawyer Guide to the Leading – Selected to appear in The 2013 LEXPERT®/American Lawyer Guide to the Leading 500 Lawyers in Canada under Intellectual Property. 500 Lawyers in Canada under Intellectual Property. – Recognized annually since the inaugural edition in 2011 of World Trademark – Recognized annually since the inaugural edition in 2011 of World Trademark Review 1000 – The Definitive Guide to Trademark Legal Services. Review 1000 – The Definitive Guide to Trademark Legal Services. – Recognized annually since the inaugural edition in 2006 of The Best Lawyers in – Recognized annually since the inaugural edition in 2006 of The Best Lawyers in Canada under Intellectual Property Law. Canada under Intellectual Property Law. Canada i GPL 29 (June 2016) Canada i GPL 29 (June 2016) ii Canada GLOBAL PATENT LITIGATION ii Canada GLOBAL PATENT LITIGATION – Recognized in The Canadian Legal LEXPERT® Directory under Intellectual – Recognized in The Canadian Legal LEXPERT® Directory under Intellectual Property and Litigation – Intellectual Property. Property and Litigation – Intellectual Property. – Recognized annually since the inaugural edition in 2006 of Chambers Global – The – Recognized annually since the inaugural edition in 2006 of Chambers Global – The World’s Leading Lawyers for Business under Intellectual Property: Litigation. World’s Leading Lawyers for Business under Intellectual Property: Litigation. – Recognized in each edition of Euromoney’s Expert Guides: Patents since 2007. – Recognized in each edition of Euromoney’s Expert Guides: Patents since 2007. – Listed in IAM Life Sciences 250 – The World’s Leading Life Sciences Patent Litigators – Listed in IAM Life Sciences 250 – The World’s Leading Life Sciences Patent Litigators 2010. 2010. – Recognized annually since the inaugural edition in 2012 of IAM Patent 1000 – – Recognized annually since the inaugural edition in 2012 of IAM Patent 1000 – The World’s Leading Patent Practitioners under Litigation. The World’s Leading Patent Practitioners under Litigation. – Recognized annually since the inaugural edition in 2011 of IAM Patent Litigation – Recognized annually since the inaugural edition in 2011 of IAM Patent Litigation 250 – The World’s Leading Patent Litigators. 250 – The World’s Leading Patent Litigators. – Recognized annually in Who’s Who Legal: Patents since 2010. – Recognized annually in Who’s Who Legal: Patents since 2010. – Recognized annually in Who’s Who Legal: Life Sciences since 2011. – Recognized annually in Who’s Who Legal: Life Sciences since 2011. – Recognized annually since the inaugural edition in 2010 of Who’s Who Legal: – Recognized annually since the inaugural edition in 2010 of Who’s Who Legal: Canada under Patents. Canada under Patents. – Recognized annually in Who’s Who Legal: Canada under Life Sciences since 2013. – Recognized annually in Who’s Who Legal: Canada under Life Sciences since 2013. – Recognized in the 2015 edition of Who’s Who Legal 100 under Intellectual – Recognized in the 2015 edition of Who’s Who Legal 100 under Intellectual Property. Property. Mr Garland is also an adjunct professor at the University of Ottawa Law School where he teaches Mr Garland is also an adjunct professor at the University of Ottawa Law School where he teaches patent law. patent law. Kevin K. Graham Kevin K. Graham Kevin Graham is counsel in the Ottawa office of Smart & Biggar/Fetherstonhaugh. For over fifteen Kevin Graham is counsel in the Ottawa office of Smart & Biggar/Fetherstonhaugh. For over fifteen years, Mr Graham has devoted most of his practice to litigation in all aspects of intellectual property years, Mr Graham has devoted most of his practice to litigation in all aspects of intellectual property and technology law including cases involving patent, trademark, copyright, industrial design, trade and technology law including cases involving patent, trademark, copyright, industrial design, trade secret, competition law and related licensing issues. He has been involved with many patent litigation secret, competition law and related licensing issues. He has been involved with many patent litigation matters that have involved chemical, telephony, mechanical and industrial subject matters. Mr matters that have involved