As a registered Trans-Tasman patent attorney with honours degrees in organic chemistry and law, I approach litigious or commercial matters with an understanding of technology and the issues that arise when protecting it, and vice versa when advising on patent, design and trade mark registration strategies.

My chemistry degree helps me advise clients in the pharmaceutical and coating industries on patent matters, but I also counsel litigation clients across the mining, medical device, agrochemical and telecommunications industries.

I also assist clients with their trade mark portfolios, both advising on choice of brands, searching, registration and resolving disputes.

Career highlights

• Pfizer – successfully represented the pharmaceutical company in an action against InterPharma (including obtaining both an interim injunction and an interlocutory injunction) which defended an application to revoke the patent and established that InterPharma threatened infringement. Pfizer was successful on all grounds and received costs from InterPharma
• B Braun – representing the medical device company in its defence of patent infringement allegations by RAU-BE Beteiligungen GmbH and Lohmann & Rauscher Pty Ltd in relation to a patent for a wound debridement pad, and in seeking revocation of the patent
• Mylan – represented the pharmaceutical company in a patent infringement action against Apotex concerning DYMISTA (a drug used for allergies) which settled before trial, after both an interim and an interlocutory injunction were successfully ordered at the commencement of the litigation 
• Mylan – represented the pharmaceutical company in an action against Sun Pharmaceutical Industries Limited (including obtaining an interlocutory injunction) to prevent it launching a competitor to Mylan’s largest product in Australia pending the decision at first instance
• Advise clients in relation to their multinational patent protection strategies, including those within the agrochemical, coating, medical device, resources, nutraceutical and pharmaceutical industries. Clients include PPG Industries, Starbucks, Transitions Optical, ESCO, Stadia Turf and the Victorian Chemical Company
• Work alongside global and domestic brands in relation to trade mark protection and brand strategies, both offensively and defensively. Clients include H.A.G., which owns the Maxwell & Williams brand, and United Pacific Industries, which owns the Thermoskin brand

Awards & recognition

• Leading individual, Patents: Litigation (Australia) – IAM1000, The World's Leading Patent Professionals: 2021, 2020, 2019, 2018
• Shyama Jayaswal is regarded as 'a delight to work with and is highly recommended for her insightful and timely advice' - IAM1000, The World's Leading Patent Professionals
• Recommended individual, Leading Contentious Intellectual Property Lawyers (Victoria) – Doyle's Guide: 2018

Education
LLB (Hons), B Sc (Hons) Registered Australian patent and trade marks attorney, Registered New Zealand patent attorney

• Institute of Patent and Trade Marks Attorneys, Fellow
• Licensing Executive Society of Australia and New Zealand, Member

• Czech mate: Federal Court revokes Bohemia Crystal trade marks for lack of distinctiveness
  

  MinterEllison shares lessons for Australian trade mark owners from the Bohemia Crystal decision.

• Manners maketh the copyright infringer: Court awards $60,000 'additional damages' for defendants' behaviour in copyright case
  
• Is your business overlooking opportunities to gain a market advantage over competitors?
  

  Businesses can gain a competitive market advantage by identifying potentially patentable innovations at a very early stage in the development process.

• Federal Court lifts attention on use "as a trade mark"
  

  In Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2014] FCAFC 75, the Full Court of the Federal Court of Australia considered whether a composite registered device trade mark containing the words "LIFTSHOP" was infringed by the inclusion of the words "Lift Shop" in the title of a competitor's web page when shown in a page of search results.

• BlueScope's failure to disclose the 'best method' leads to its steel strip coating patents being found invalid
  The recent decision in BlueScope v Dongkuk reinforces the importance of those applying for and challenging patents in Australia considering the 'best method' requirement, as a shield or sword respectively.
• PBS damages claim lands in the High Court
  

  The High Court this week hears the Commonwealth's claim for PBS compensation in its patent injunction damages case against Sanofi.

• Patent licences - some guidance from the courts
  
• Beer's crafty use of the word "Pacific" is descriptive, but not misleading or deceptive
  Stone & Wood vs Elixir case highlights risk of relying on descriptive words as distinguishing elements of a trade mark.
• Exclusive patent licences and standing to sue – a green light for commercial 'work arounds'
  
• Design representation key for maximizing protection: court decision
  

  The Court of Appeal overturned a High Court decision, stating that the overall impression of a design should consider all its features. Computer-generated images played a crucial role in the non-infringement finding. To maximize design protection, carefully consider design representations, avoid inessential elements, and use line drawings for specific shape details.

   

• What the Rokt decision tells us about patent eligibility for software inventions
  In a significant ruling, the Full Court has again weighed in on the patent eligibility of software inventions, overturning a decision of a single judge of the Federal Court and deciding that Rokt's marketing scheme is not patentable subject matter.
• Federal Court guidance on the patent claim support requirements
  

  The Federal Court has ‘raised the bar’ for patent claim support under the new legislative requirements. Any 'inventive' improvement to the product that meets the requirements of the claims may result in the patent being invalid. We discuss the implications of the decision.

• Trade mark ownership: the Insight scoop to avoid refusal
  

  The recent Full Federal Court decision of Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd highlights the danger of filing a trade mark application in the wrong name.

• CAR-T cell therapy's unique legal considerations | A new era for pharmaceuticals
  

  What do you need to know about CAR-T cell therapy? We explore the CAR-T patent landscape, deep dive into specific infringement and litigation strategy and consider patent validity issues likely to arise for CAR-T patents in Australia.

• IP Australia Fee Review 2024: Upcoming changes
  

  From October 1, IP Australia will introduce fee increases and change when excess claim fees are payable for patent applications.

• How you can take advantage of Australia's current two-tier patent system before August 2021
  

  There has been an important change to Australia’s patent system. We discuss strategies that you should implement now to take advantage of Australia’s current system.