David Schwartz

David Schwartz

PartnerSmart & Biggar/FetherstonhaughIntellectual Property and Technology

David is a long-standing and highly respected IP leader who brings over 25 years of experience specializing in patent law. Named Ottawa’s “Lawyer of the Year” in Biotechnology Law multiple times and recognized annually as one of “The Best Lawyers in Canada” under Biotechnology Law since 2006, David has become the trusted go-to legal counsel to a broad range of biotechnology clients for complex prosecutions. 

Experienced IP leader advocates for biotech clients in complex patent prosecutions

David is a long-standing and highly respected IP leader who brings over 25 years of experience specializing in patent law. Named Ottawa’s “Lawyer of the Year” in Biotechnology Law multiple times and recognized annually as one of “The Best Lawyers in Canada” under Biotechnology Law since 2006, David has become the trusted go-to legal counsel to a broad range of biotechnology clients for complex prosecutions. 

Representing diverse clients with leading-edge scientific innovations

In addition to biotechnology, David has also counselled and represented pharmaceutical and chemistry clients in patent cases. Drawing from his extensive experience, David has acted on behalf of a comprehensive range of clients, including start-ups, early-stage ventures, universities, government organizations and multinational corporations. His client activities regularly involve diverse, often emerging fields such as plant biotechnology, stem cells, organic chemistry, materials science, diagnostics, pharmaceuticals, immunology, vaccines, water filtration, nutriceuticals, expression systems and assays.

Helping highly regulated companies succeed

In his patent prosecution practice, David frequently advises clients on regulatory matters relating to the Patented Medicines (Notice of Compliance) Regulations and listing patents with Health Canada, data protection under the Food and Drug Regulations, and matters concerning the Patented Medicine Prices Review Board. He also has expertise in managing global intellectual property portfolios and in performing freedom-to-operate and infringement analysis and intellectual property due diligence. He has handled first-to-invent conflicts under the pre-1989 Patent Act and appears regularly in oral proceedings before the Patent Appeal Board.

Well-known industry thought leader

David is well-known as a leader in the IP industry, committed to enhancing the profession. He has taught patent law at Queen’s University and at the University of Ottawa.  He is the Past-President of the Intellectual Property Institute of Canada (IPIC) and former Chair of the Biotechnology Committee. David has testified multiple times before the House of Commons Standing Committee on Industry, Science and Technology and the Senate Finance Committee with respect to patent law reform.

Education

  • University of Alberta, 1991
  • University of Alberta, B.Sc., 1987

Bar Admission

  • Ontario, 2001
  • Alberta, 1993
  • British Columbia, 1992

Awards & Honours

  • Recognized by The Best Lawyers in Canada as the 2018 Biotechnology Law "Lawyer of the Year"
  • Named 2016 and 2018 Biotechnology Law "Lawyer of the Year" in Ottawa by Best Lawyers
  • Named 2013 Canadian Non-contentious Patent Attorney of the Year by LMG Life Sciences
  • Recognized annually since the inaugural edition in 2006 of The Best Lawyers in Canada under Biotechnology Law and Intellectual Property Law in 2018 and 2019
  • Recognized by Who’s Who Legal: Patents since 2017
  • Recognized by Who’s Who Legal: Canada under Patents since 2016
  • Recognized annually as an ‘IP Star’ since the inaugural edition in 2014 of Managing Intellectual Property’s IP Stars Handbook: Patents
  • Recognized annually since the inaugural Canada Chapter in 2013 of LMG Life Sciences as a 'Life Science Star' under Intellectual Property
  • Recognized in The Canadian Legal LEXPERT® Directory under Intellectual Property since 2012 and Biotechnology from 2012 to 2017

Associations

  • Past President, Intellectual Property Institute of Canada; past Vice President and Secretary; past Chair of the Biotechnology Patents Committee
  • Member, American Intellectual Property Law Association
  • Member, International Association for the Protection of Intellectual Property (AIPPI)