Steven B. Garland: Lawyer with Smart & Biggar/Fetherstonhaugh

Steven B. Garland

Partner, Ottawa; Barrister and Solicitor; Patent and Trade-mark Agent
Ottawa,  ON  Canada

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Experience & Credentials

Practice Areas

  • Litigation
  • Patents
  • Trade-marks
  • Copyright & Media
  • Industrial Designs
  • Licensing & IP Transactions
  • IP Management & Strategic Counselling
  • Pharmaceutical Regulatory & Compliance
  • Pharmaceutical
  • Life Sciences
  • Software/Internet/Information Technologies
  • Chemical & Industrial Biotechnology
  • Industrial/Mechanical
  • Electrical/Electronics
  • IP Crime
University University of Western Ontario, B.Eng., Chemical-Biochemical, 1985; Professional Engineer, Professional Engineers Ontario
Law SchoolUniversity of Ottawa, LL.B., 1990
Admitted1992, Ontario; 1992, Registered Trade-mark Agent; 1993, Registered Patent Agent; Registered to practise before the United States Patent and Trademark Office

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.

Several recent decisions in which Mr. Garland has acted as successful counsel have become leading cases and have been lauded by national and international legal publications, including:

· 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;

·, 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

·, 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.

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. He is also an adjunct professor at the University of Ottawa Law School, where he teaches patent law. 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.

Representative List of Parties


Anchor Brewing Company

Barmish Inc.


Bayer Inc.


Clark Shoes


Dow Chemical


General Electric

Glaxo Wellcome

Harvard College (Harvard Mouse case)

Imperial Tobacco


Loeb IGA

H. Lundbeck A/S



Merz Pharma GmbH




Progressive Games


Shell Canada

Shoppers Drug Mart

Shionogi & Co.

Stamicarbon B.V.


Vina Concha Y Toro

Rankings and Recognition

· Recognized annually since the inaugural edition in 2012 as a 'Local Litigation Star' in Benchmark Canada under Intellectual Property

· Recognized in the LEXPERT® Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada under Intellectual Property Litigation

· Selected to appear in The LEXPERT®/American Lawyer Guide to the Leading 500 Lawyers in Canada under Intellectual Property and Intellectual Property Litigation

· Selected by World Trademark Review 1000 - The Definitive Guide to Trademark Legal Services

· Named Best Lawyers' 2013 Ottawa Intellectual Property Law Lawyer of the Year

· Selected to appear in The Best Lawyers in Canada under Intellectual Property

· Recognized in The Canadian Legal LEXPERT® Directory under Intellectual Property and Litigation - Intellectual Property

· Listed in Chambers Global 2012 - The World's Leading Lawyers for Business under Intellectual Property: Litigation

· Repeatedly recognized in Euromoney's Guide to the World's Leading Patent Law Practitioners

· Listed in IAM Life Sciences 250 - The World's Leading Life Sciences Patent Litigators 2010

· Selected to appear in IAM Patent 1000 - The World's Leading Patent Practitioners 2012

· Recognized in IAM Patent Litigation 250 - The World's Leading Patent Litigators

· Selected to appear in The International Who's Who of Patent Lawyers

· Recognized annually in The International Who's Who of Life Sciences Lawyers since 2011

· Recognized in Who's Who Legal: Canada 2012 under Patents


Iwasaki Electric Co Ltd v Hortilux Schreder BV, 2012 FCA 321

Marlboro Canada Limited v Philip Morris Products SA, 2012 FCA 201 Inc v Canada (Attorney General), 2010 FC 1011, 2011 FCA 328

Red Bull GmbH v 9087-1047 Quebec Inc, 2011 TMOB 79

Corlac Inc v Weatherford Canada Inc, 2011 FCA 228 (for the Intervener, IPIC)

Hortilux Schreder BV v Iwasaki Electric Co Ltd, 2011 FC 967

Indigo Books & Music Inc v C & J Clark International Limited, 2010 FC 859

Copperhead Brewing Co v John Labatt Ltd (1995), 61 C.P.R. (3d) 317

Harvard College v Canada (Commissioner of Patents), 2002 SCC 76

Lundbeck Canada Inc v ratiopharm Inc, 2009 FC 1102.

Eli Lilly and Company v Apotex Inc, 2009 FC 991

J2 Global Communications Inc v Protus IP Solutions Inc, 2009 FCA 42

Lundbeck Canada Inc v ratiopharm Inc, 2008 FC 579

Anchor Brewing Co v Sleeman Brewing & Malting Co, 2005 FCA 170

Sim & McBurney v Anchor Brewing Co, 2005 FCA 171

Sleeman Brewing & Malting Co Ltd v Anchor Brewing Co, 2005 FCA 170

Oakley Inc v Shoppers Drug Mart Inc, 2004 FCA 404

Anchor Brewing Co v Sleeman Brewing & Malting Co Ltd, 2004 FC 384

Sim & McBurney v Anchor Brewing Co, 2004 FC 118

Bauer Nike Hockey Inc v Regan, 2003 FC 1174

Diamant Toys Ltd. v Jouets Bo-Jeux Toys Inc, 2002 FCT 384

Stamicarbon BV v Urea Casale SA, 2002 FCA 10

Andrés Wines Ltd v Vina Concha Y Toro SA, 2001 FCT 575

President and Fellows of Harvard College v Canada (Commissioner of Patents), [2000] 4 F.C. 528, 7 C.P.R. (4th) 1

Stamicarbon BV v Urea Casale SA, [2001] 1 F.C. 172, 8 C.P.R. (4th) 206

Osler Harkin & Harcourt v Canada (Registrar of Trade-marks), 77 C.P.R. (3d) 475

Allen & Hanburys Ltd v Torpharm Inc, 75 C.P.R. (3d) 417

Central Transport Inc v Mantha & Associates, 59 C.P.R. (3d) 213

Mobil Oil Corp v Hercules Canada Inc, 57 C.P.R. (3d) 488

Bousquet v Barmish Inc, (F.C.A.), 46 C.P.R. (3d) 510

Professional Involvement


· Intellectual Property Institute of Canada (


Documents by this lawyer on

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Federal Court Confirms Protection for Colour Trade-marks in Canada
Steven B. Garland,Timothy O. Stevenson, April 3, 2014
A March 28, 2014 decision of the Canadian Federal Court, Rothmans Benson & Hedges Inc v Imperial Tobacco Products Limited, 2014 FC 300, has reinforced the principle that, in Canada, a single colour as applied to the surface of a consumer product is capable of being registered as a trade-mark.
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Office Information

Steven B. Garland

55 Metcalfe Street Suite 900
OttawaON K1P 5Y6


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