Copyright & related rights
Patent strategy & counseling
Trade mark litigation
Trade mark prosecution
Trade mark strategy & counseling
Computer technology & services
Oil & gas
Steven Garland is a Principal in Smart & Biggar's Ottawa office with over 30 years of trial and appellate experience in all areas of IP and numerous landmark decisions under his belt. Steven brings the level of attention, dedication, and strategy required to be successful for high-calibre clients such as Amazon.com, Dow Chemical, Labatt, Shell, Bayer, McDonald’s, Parmalat and Cenovus.
Steven has earned an outstanding reputation amongst colleagues and clients who view him as “the full package – he provides innovative legal strategy; he is unflappable in the courtroom and highly effective in cross-examination” (Lexology 2018 Client Choice) and “one of the most versatile trial lawyers in the Canadian IP community” (IAM Patents 1000, 2019).
He has litigated on matters relating to patents, trademarks, copyright, industrial designs, trade secrets, breach of confidential information, and competition law. In respect of patents, Steven has acted in matters that have involved a wide variety of subjects, including chemical, electrical, biochemical, pharmaceutical, biotechnological, telephony, mechanical and computer/internet subject matter.
He has appeared as counsel before the Supreme Court of Canada, the Federal Court and Federal Court of Appeal, appellate and trial courts for the provinces of Ontario, British Columbia, Alberta and Nova Scotia, and the Patent Appeal Board and the Trademarks Opposition Board.
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, Steven is noted as being 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”. He was also praised as a “stellar litigator” whose victory for the Dow Chemical Company netted the largest reported damages award in a Canadian patent infringement case on infringing revenues of over 1B dollars (IAM Patents 1000, 2018).
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 (IPIC). 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.