Patrick Smith

Patrick is one of Canada’s top IP litigators, serving as counsel in more than 100 reported decisions over the course of his 25+ year career. He has extensive experience supporting clients in the oil and gas, agricultural, biotech, chemical, and pharmaceutical industries. The Supreme Court of Canada adopted his submissions in Teva v. Pfizer (2012) as the framework by which courts now judge “utility” in patent cases. He successfully acted for TA Foods in summarily dismissing an entire patent infringement action on the basis of Canada’s newly enacted file wrapper estoppel provision.

Patrick is a registered patent agent who advises and represents clients in matters concerning patents, trademarks, copyright, trade secrets, and regulatory compliance. He has appeared before the Alberta and Ontario Courts, the Federal Court, and the Supreme Court of Canada, as well as before numerous boards and tribunals. He is a former adjunct professor of law at the University of Ottawa and served as President of the Intellectual Property Institute of Canada (IPIC) for 2018-2019. Currently, Patrick is the chair of IPIC’s Intervention Committee. He is also a frequent writer and speaker on IP-related topics.

Practice based in: Calgary
Contact Info

E: psmith@seastoneip.com

P: +1 403 829 9507

Education:
  • LL.B., University of Victoria
  • BASc. Engineering, University of Waterloo
  • P. Eng, Ontario & Alberta
Admissions:
  • 2014 – Alberta
  • 1995 – Ontario
Areas of Focus:
  • IP Litigation and Strategy
  • Patents
  • Trademarks
  • Oil & Gas
  • Life Sciences & Pharmaceuticals
  • Mining
  • Technology
Recognition:
  • Benchmark Litigation Canada, 2024
  • Canadian Legal Lexpert Directory, 2014-2023 (designated expert in the areas of IP, life science and health, and IP litigation for 2023)
  • Chambers Canada, 2021, 2024 (IP Litigation)
  • Chambers Global, 2021
  • IAM Patent 1000, 2012-2023
  • Managing IP’s IP Stars, 2014-2023
  • The Best Lawyers in Canada: IP Lawyer of the Year (Calgary) 2016
  • The Best Lawyers in Canada, 2012-2024
  • Who’s Who Legal: Canada – Life Sciences: 2017, 2019-2023; Canada – Patents: 2016-2023; IP – Patent: 2016-2023; Life Sciences – Patent Litigation: 2017, 2019-2021

 

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