Strategic Research Sponsor of the American Bar Association's Section of International Law

Gunars Gaikis

1100-150 York Street
M5H 3S5
+1 416 593 5514
+1 416 591 1690


Who's Who Legal Life Sciences: Patent Litigation

Gunars Gaikis is one of Canada’s premier and most experienced life sciences intellectual property litigators. He is a partner in Smart & Biggar/Fetherstonhaugh’s Toronto office, and has more than 30 years of experience in the highly specialised field of pharmaceutical patent, trademark and related litigation.

Gunars has been described as “one of the best patent litigators since the industry began”. He has been recognised as one of the world’s leading life sciences patent litigators, an outstanding biotechnology lawyer and in the world’s top 30 patent attorneys. He has appeared as lead counsel in numerous IP cases before the Ontario and Federal Courts and the Supreme Court. His work includes protection of IP assets relating to esomeprazole, omeprazole, ramipril, lisinopril, trastuzumab, ciprofloxacin, ranitidine, naproxen and doxorubicin, to name a few.

He has also shaped the law through his trial and appellate work in pharmaceutical patent litigation. In 1993 Gunars was counsel in the first litigation ever commenced under the Patented Medicines (Notice of Compliance) Regulations, and has continued to represent innovators in precedent setting decisions in PMNOC litigation.

In 2017, Gunars was lead counsel on the Smart & Biggar team which successfully represented AstraZeneca in a landmark pharma patent case; on 30 June 2017 the Supreme Court of Canada struck down the utility “promise doctrine” and upheld AstraZeneca's Nexium patent as useful.

He regularly counsels clients in pharmaceutical patent procurement, data protection, the Patented Medicine Prices Review Board, IP life cycle management and drug regulatory matters, and provides invaluable pre-litigation advice and due diligence.

Gunars also has extensive expertise in pharmaceutical trademark and passing-off cases, and has succeeded in obtaining preliminary injunctions in such trademark cases in both the Ontario Superior Court and the Federal Court.

As a licensed pharmacist and having completed a residency programme in clinical pharmacy, Gunars is very familiar with medical and pharmaceutical matters, including the relevant regulatory issues. This background coupled with his in-depth expertise in complex pharmaceutical and biotechnology patent litigation make Gunars an invaluable asset to clients operating in these fields.

Among his many accolades, Gunars has been recognised annually as a “Life Science Star” in the Canada Chapter of LMG Life Sciences since 2013. He was named one of the world’s leading patent professionals in the 2017 edition of IAM Patent 1000; identified as a leader in World IP Review (2016 and 2017); and selected as the 2015 “Canadian Patent Litigation Attorney of the Year” by LMG Life Sciences. He has also been recognised every year by Benchmark Canada, since its inaugural edition in 2012, as a “Local Litigation Star” for intellectual property.

WWL says: Gunars Gaikis is “unquestionably a leader in this space”, according to sources, thanks to more than 25 years' experience handling IP litigation in the pharmaceutical sector.

This biography is an extract from Who's Who Legal: Life Sciences which can be purchased from our Shop.

Other Practice Areas:

Follow us on LinkedIn

Practice Areas


Browse Firms

Search Firms

The Who's Who Legal 100


News & Features

Special Reports



About Us

It is not possible to buy entry into any Who's Who Legal publication

Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

Copyright © 2018 Law Business Research Ltd. All rights reserved. |

87 Lancaster Road, London, W11 1QQ, UK | Tel: +44 20 7908 1180 / Fax: +44 207 229 6910 |

Law Business Research Ltd

87 Lancaster Road, London
W11 1QQ, UK