Mark Biernacki is a principal in Smart & Biggar’s Toronto office. He is a savvy IP litigator and skilled negotiator who excels in all areas of IP litigation including patents, trademarks, copyrights, and industrial designs. His clients rely on his ability to successfully resolve disputes through negotiation, mediation, or litigation, and commend him for his creativity and being "excellent in court.” Mark is known for his broad IP litigation experience. He has successfully represented numerous clients before the Ontario Superior Court of Justice, Federal Court of Canada, and the Federal Court of Appeal. In addition to successfully enforcing valuable pharmaceutical patents, Mark’s many precedent setting victories include securing a record level damage award for circumvention of technological protection measures under the Copyright Act. Mark is equally accomplished in clearing, prosecuting, and registering trademarks. Clients with high value trademark and copyright portfolios turn to him for his strategic advice on the development, implementation, and execution of enforcement strategies. He also has experience in trademark opposition and cancellation proceedings before the Trademarks Office.
