Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J A N U A R Y 2 0 1 6 31 says. "We're trying to really develop and nurture the software development com- munity in Toronto, so that's a big area of growth we're seeing." Chumak says the bread-and-butter work from large clients at his firm tends to be "routine," like patent and trademark prosecution, domain names, and trade- mark enforcement. "I think that's our sweet spot. We're not trying to go after the strategic work for our biggest clients," he says. IP boutiques say clients choose them for their depth of expertise as well as cost-con- sciousness. But while efficiency is important to all clients, Elliot Simcoe, senior partner at Smart & Biggar/Fetherstonhaugh, says his firm is seeing an interesting dynamic where some clients, particularly those in the phar- maceutical sector, make it clear they want the most experienced lawyers on their files and are less concerned with costs. "It's interesting because not a week goes by that I'm not faced with, on one hand, a need to get work done as efficient- ly as possible and yet the same day I'm doing that for one client, another client is acknowledging, 'This is very important work, we want this done at the highest level,'" Simcoe says. "I call it a stratification of work," he adds. For smaller boutiques, finding "win- win" alternative fee arrangements is a major challenge. Chumak says efficient use of technology makes his firm competitive on rates, but he says designing those structures can be tough. In Quebec, Robic LLP partner Bob Sotiriadis says he expects both risks and opportunities from Canada's adoption of the Madrid Protocol, an internationally recognized trademark convention that will mean trademark owners in member countries will be able to register their rights in multiple jurisdictions by filing a single application in their home countries. "The Madrid treaty will probably cause Canadian IP firms to lose some of the filings from overseas clients, but it might increase the potential for Cana- dian companies to file more than they did because they'll be able to get more countries for a lower price than before," Sotiriadis says. The firm was founded in 2013 when David Aitken and Marcus Klee left a national law firm to set up their own intellectual property boutique. It expanded to Toronto in 2014 with the addition of former Heenan Blai- kie LLP lawyers. The 16-lawyer firm successfully represented Teva Canada Ltd. in an action for recovery of damages in a medical patent matter, W. L. Gore & Associates Inc. in a patent infringement and validity case for a patent covering artificial veins and arteries, and is representing Two-Way Media Ltd. in a patent infringe- ment and validity suit in Two Way Media Ltd. v. Bell Aliant Regional Communications, Limited, et al. "Aitken Klee has Canada's best PM(NOC) litigation team." Top 10 Intellectual property boutiques Aitken Klee LLP Toronto, Ottawa aitkenklee.com Bereskin & Parr LLP Toronto, Mississauga, Waterloo, Montreal bereskinparr.com Known as one of Canada's largest IP boutiques, Bere- skin & Parr employs 64 fully licensed lawyers plus patent and trademark agents. Founded in 1965 by David Rogers and Daniel Bereskin, the firm represents some of the world's most recognized brands, includ- ing Canada Goose Inc., Kobo Inc., IMAX Corp., NHL Enterprises, Microsoft Corp., and General Electric Co. The firm recently worked on a prominent case, Nova Chemicals Corp. ats. Dow Chemical Corp. Bereskin & Parr's direct clients range from small startup opera- tions and individual inventors to large Canadian and multinational corporations, including Fortune 500 companies and some of the biggest intellectual prop- erty rights owners in the world. "Depth and breadth of expertise. Commitment to the trademarks profession." Deeth Williams Wall LLP Toronto dww.com Founded 20 years ago, the firm has grown from seven lawyers to 24, covering all aspects of IP prosecution, commercialization, and enforcement; IT law; litiga- tion; and regulatory law. The firm acts for a number of large businesses, including an international oilfield services company, a national telecommunications company, a provincial government, a major inter- bank data network, an international soft drink com- pany, and an international retailer. It acted for Actavis Specialty Pharmaceuticals Co. in numerous patent litigation and PM(NOC) matters. It also provides day-to-day patent and trademark advice for major food, chemical, automotive, and retail companies. "They stay current and have excellent service."

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