Patrick Stewart Smith Partner


Speaks:  English

Year of Call: 2014 - Alberta

Year of Call: 1995 - Ontario

Primary phone: +1 403-298-1850

Fax: +1 403-695-3510

Email: patrick.smith@gowlingwlg.com

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Primary office:  Calgary



Patrick Stewart Smith

Patrick Smith is the leader of the Calgary office’s Intellectual Property Group, and is a member of Gowling WLG's Patents and Life Sciences groups. Patrick is also a registered patent agent in Canada, and has won multiple awards and distinctions. Most recently, he has been named the 2018 IP Lawyer of the Year by The Best Lawyers in Canada 2018 and was awarded the 2015 Canadian Contentious Impact Case of the Year by LMG Life Sciences for his representation of Idenix Pharmaceuticals in Gilead Pharmaceuticals et al v. Idenix Pharmaceuticals et al.

Also ranked in Managing IP’s IP Patent Stars 2017 and IAM Patent 1000 2017, he has been described as “aggressive, experienced and technically savvy,” and “one of the busiest litigators around, appearing as lead counsel in a wide range of conflicts.”

Patrick provides strategic patent, trademark, regulatory and life-cycle advice to clients in the oil and gas, pharmaceutical, agriculture, biotech and chemical industries.

Patrick has appeared as counsel in more than 100 reported decisions relating to patents, trademarks and copyright in the Ontario court, Federal Court and Supreme Court of Canada. His two recent appearances in the Supreme Court of Canada were Teva v. Pfizer (2012) and AstraZeneca v. Canada (2006).

He has successfully represented clients such as Baker Petrolite, Eli Lilly, Pfizer, Merck, Janssen, Schering-Plough, Bristol-Myers Squibb, Dow AgroSciences, Allergan, Bayer, Purdue Pharmaceuticals and Amgen in all levels of court on litigation matters.

Patrick is a regular writer and speaker on key IP issues impacting companies operating in Canada. He is a former adjunct professor of law at the University of Ottawa and now mentors students, associates and junior partners at the firm.

Career & Recognition

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Memberships

  • American Bar Association - International Patent Treaties and Law Committee
  • Association of Professional Engineers of Ontario
  • Canadian Bar Association    
  • Intellectual Property Institute of Canada (former council member)

Insights & Resources

  • Author, "Re-examination: A viable alternative in Canada," Gowlings, March 2015
  • Co-author (with Christopher C. Van Barr, Will Boyer and Kiernan A. Murphy), "'Plain and obvious' that innovators' profits are not available to generics in Ontario," Gowlings, September 2013
  • Co-author (with Melissa A. Binns and John Norman), "Subsequent Entry Biologics: A New Paradigm," Gowlings, April 2013
  • Author, "Utility and Disclosure: Divergent Results in Canada and the United States," Gowlings Life Sciences & Law Current Issues 2012/13, June 2012
  • Author, "FCA Denies Apotex's Claim for Brand Name's Profits," Gowlings, December 2012
  • Author, "Process Claims: What Constitutes a 'New Product'," Gowlings IP Report, July 2011
  • Author, "Forum Shopping Under Section 8 of the PM(NOC) Regulations," Gowlings Life Sciences& Law Current Issues 2011/12, June 2011
  • Co-presenter (with Frederick H Rein), "A Discussion of Generic Drug Approval and Patent Systems in The United States and Canada," Intellectual Property Institute of Canada, New York State Bar Association, IP Law section summer meeting, July 16-18, 2008, Montréal, Québec; Article published in CIPR, Vol. 25, No.1, June, 2009
  • "The Supreme Court's Sanofi Decision - Three Years Later," Patrick S. Smith and Donald M. Cameron, IPIC AGM, September 16, 2011