Steven B. Garland

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Steven B. Garland
Part-time Professor


Work E-mail: sbgarland@smart-bigger.ca

Steven B. Garland

Biography

Steven Garland has 20 years of experience in intellectual property litigation of all types, including issues relating to patent, trade-mark, 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, biotechnological, telephony, mechanical and industrial matters. Mr. Garland has appeared as counsel in intellectual property cases at both the trial and appellate levels of the Federal Court of Canada, in the Ontario Superior Court and Court of Appeal, and before the Supreme Court of Canada. He also regularly appears before the Patent Appeal Board and the Trade-marks 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 Mr. Garland has acted is provided below.

Mr. Garland regularly 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.

Mr. Garland is a member of the firms' Executive Committee. He is the 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. Mr. Garland 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.

Mr. Garland (together with Colin B. Ingram and John R. Morrissey of Smart & Biggar) recently successfully represented Amazon.com in Amazon.com, Inc. v. Commissioner of Patents, 2010 FC 1011, 2011 FCA 328 in what has become a leading case regarding patentable subject matter, including computer implemented inventions and business methods, in Canada. The Federal Court of Appeal decision was recognized as the 2012 Canadian Patent Case of the Year by Managing Intellectual Property magazine. The Federal Court decision was recognized as the 2010 Canadian Business Case of the Year, by Managing Intellectual Property magazine. The Federal Court decision was recognized as the 2010 Canadian Business Case of the Year, in the January 2011 issue of LEXPERT magazine.

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