Steven Garland

Steven Garland

Key Details

Steven Garland
Smart & Biggar

  • Biotech
  • Biotechnology
  • Chemical
  • Chemicals
  • Mechanical
  • Patent
  • Trademark


With more than 25 years’ experience in intellectual property litigation, Steven Garland has represented a range of clients in the chemical, biotechnological, telephony and mechanical industries. He 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. He has appeared as counsel in intellectual property cases at 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. Garland is Firm Managing Partner and Chair of the Executive Committee..

Professional Highlights

  • Nova Chemicals Corporation v The Dow Chemical Company et al, 2016 FCA 66
  • The Dow Chemical Company et al v Nova Chemicals Corporation, 2016 FC 91
  • Rothmans Benson & Hedges Inc v Imperial Tobacco Products Limited, 2015 FCA 111
  • The Dow Chemical Company et al v Nova Chemicals Corporation, 2014 FC 844
  • Yahoo! Inc v Alpha Base Inc, 2014 TMOB 132

Participation in Wider Community

Professional Affiliations

  • Fellow and past President, Intellectual Property Institute of Canada; Vice-Chair of the Self-Governance Committee
  • Member and Past President of the Canadian Group, International Association for the Protection of Intellectual Property (AIPPI); Chairman of the Q199 Attorney-Client Privilege Committee; Member of the Programme Committee
  • Member, American Intellectual Property Law Association
  • Member, Society of Petroleum Engineers
  • Member, Canadian Bar Association

Academic Affiliations

Speaking engagements

  • "Update on Patents 2016," Law Society of Upper Canada's 20th Annual Intellectual Property Law: The Year in Review, Ottawa, January 2016
  • "A Review of the Law of Privilege for Patent and Trademark Agents," presented at IPIC's The Webinar, November 2015
  • "Recent Developments on Patent Law Before the Federal Courts," Federal Court Annual Education Seminar, Montebello, October 2015
  • "Update on Global Initiatives," 2015 Global Network of National IP Practitioner Associations Summit, Rio De Janeiro, October 2015
  • "Pharma Session I: Don’t Miss the (Right) Mark." AIPPI – Rio Panel Session, Rio De Janeiro October 2015

Teaching activities

  • “Exchequer Cup Moot ” – Judge for law clerks of the Federal Court and Federal Court of Appeal, May 2016
  • Patent Law, University of Ottawa (since 1995)