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Shyama Jayaswal

Partner and Patent Attorney
Firm Logo

MinterEllison

Melbourne, Australia
    Local Time: Friday 09:20

Practice Expertise

  • Intellectual property
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Areas of Practice

  • Intellectual property
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WSG Practice Industries

WSG Leadership

  • Patent Law Group - Member

Profile

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

Areas of Practice

  • Intellectual property

Professional Career



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

Articles

  • 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.

  • Rights holders fire first shots under blocking legislation - anti-piracy update
    In what has been an eventful few weeks on the copyright high seas, after some set backs, rights holders commenced actions in the Federal Court to block a number of websites that they allege have the 'primary purpose' of infringing copyright. We've set out below a round up of these recent events.
  • 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.
  • Update: Servier successful in stay application – Apotex kept off the market while Servier appeals to the High Court
    Servier was successful in yesterday's hearing of its stay application.
  • "Just DAST it" – Gilead succeeds on insufficiency and inutility for Hepatitis C treatment
  • Patent licences - some guidance from the courts
  • Servier fails on best method - Full Federal Court confirms invalidity and denies application to amend
    This decision is interesting as it deals with four pertinent topics – (1) the best method requirement (2) patent amendment applications (3) cost orders in patent litigation and (4) the lifting of an interlocutory injunction.
  • The tangled web we weave: a short history of internet law in verse
  • Should you get bent out of shape pursuing trade mark registration for a shape?
  • US Software Patent Law Developments
  • 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.
  • Dealer takes it all
  • Exclusive patent licences and standing to sue – a green light for commercial 'work arounds'
  • No early Christmas present for Dallas Buyers Club - Federal Court dismisses request for alleged infringers' details
  • Strategies for effective design protection no Kiddee matter
  • 2015 Patent recap: The 8 (patent) days of Christmas
  • Metatags, meta-problems
  • 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.

  • Omnibus claims: Back to business as usual
  • Update: Proportional costs orders made in Gilead v Idenix proceedings
    Gi ran six grounds of invalidity at trial, namely lack of novelty, lack of fair basis, insufficiency, inutility, no manner of manufacture and false suggestion. As noted, Gi was ultimately successful on two of those grounds: insufficiency and inutility.
  • Productivity Commission releases Draft Report into Intellectual Property Arrangements Part 1
  • 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.
  • Special leave refused in RPL Central
    On 5 May 2016, the High Court refused RPL Central's application for special leave to appeal the Full Federal Court decision denying patentability to its computer-implemented invention.
  • THANKS but NO THANKS
  • 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.

  • Parameteritis pokes holes in Swiss-type claim
  • Productivity Commission releases Draft Report into Intellectual Property Arrangements Part 2
  • Exclusive patent licence – it is all or nothing
  • Be prepared for the NZ patent law changes this September
  • Whiskey, websites, bottles and blocks - 12 months in trade mark and copyright law
  • 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.

     

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