Practice Expertise

  • Intellectual property
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Areas of Practice

  • Intellectual property
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Profile

I have significant experience representing clients in intellectual property disputes, including appeals before the Australian Patent Office. I have acted for companies representing diverse industries, including pharmaceutical, biopharmaceutical, medical device, gene technology, consumer goods, telecommunications, mining and construction, in some of Australia's leading and most complex intellectual property disputes. I have specific expertise in acting in multinational patent disputes and advising on successful implementation strategies.

I assist clients comply with Australia's complex regulatory framework for therapeutic goods, including advising on issues relating to research and development, clinical trials, GMP, pricing and reimbursement, marketing approvals, compliance with industry codes, recalls and advertising complaints and disputes with regulators.

I also advise clients on the commercialisation, licensing, management and protection of their intellectual property.

In addition to my legal qualifications, I also have a degree in veterinary sciences and am a registered veterinary surgeon.

Career highlights

  • I acted for Helsinn Healthcare SA and Mundipharma Australia Pty Limited in Federal Court proceedings relating to a formulation patent for the anti-emetic pharmaceutical, ALOXI. The litigation was conducted in the context of multi-jurisdictional patent litigation occurring across the United States, Mexico, Korea and Vietnam. In addition to the Federal Court proceedings, I assisted in opposition proceedings before the Australian Patents Office in respect of the same patent.
  • I successfully acted for Branhaven LLC in an appeal from a decision of the Australian Patent Office. The patent application in issue claimed the provision of means to determine the genetic potential of bovines for an range of economically important traits. It was the first Federal Court decision to consider the patentability of methods that use genetic information.
  • I regularly advise clients on the enforcement of their patent portfolios in Australia as well as defending clients who have been subject of enforcement actions. I provide clients with freedom to operate advices, in particular in the pharmaceutical and biopharmaceutical sector. I have advised on a broad range of patents including those claiming products, pharmaceutical compounds, formulations, purity, methods of treatment, dosing regimens and business methods. Clients include Celltrion, Boral, Parnell Technologies, Sun Pharmaceuticals, Travel Caddy and Australian Wool Innovation.
  • I act in copyright disputes and have experiences enforcing and defending copyright relating to logos, photographs, fabric designs, building plans, floor layouts and databases. I acted in the first Federal Court proceeding to consider whether copyright can be assigned by email pursuant to the Electronic Transactions Act.
  • I have acted in a number of trade mark, misleading and deceptive conduct and passing off cases, including for Solahart Industries and Newell Rubbermaid.
  • I acted for a top five innovator biopharmaceutical company, successfully challenging a recommendation by PBAC to list a new drug on the PBS on the basis that it was interchangeable on an individual basis and was non-inferior to other therapeutically related drugs, thus avoiding a statutory price reduction.
  • I have also acted for numerous life sciences companies in connection with promotional campaigns and, in particular defending clients against complaints relating to their promotional campaigns, prosecuting complaints and acting in proceedings commenced in the Federal Court of Australian involving claims of misleading and deceptive conduct relating to promotional material.

Awards & recognition

  • Recognised in Chambers Asia Pacific, Life Sciences, Band 3, 2019.
  • Listed as a leading lawyer for Life Sciences – Australia in Expert Guides, 2018
  • Listed as a Notable Practitioner in Chambers & Partners (Life Sciences: Asia Pacific), 2016, 2015 and 2014.
  • Features in Managing Intellectual Property's IP Stars Handbook for Patent Litigation, 2015.
  • Co-author of the Australian chapter of the Practical Law Company's Multi- Jurisdictional Guide: Life Sciences (2012- 2016) as well as Marketing and Distribution of Drugs (2015).

Areas of Practice

  • Intellectual property

Professional Career



Articles

  • "Catch up" price reductions for PBS-listed medicines are coming – what should you be thinking about?

    Sponsors who anticipate that their PBS-listed medicines may be included in the indicative list of "catch up" price reductions on 1 July 2022 should start considering now whether to ask the Minister to intervene in any proposed reduction.

  • Managing possible medicine shortages in Australia during COVID-19

    The COVID-19 pandemic has given rise to concerns about shortages of essential medicines which are manufactured in, or require ingredients supplied by, countries affected by business closures and other operational delays.

  • Fast drugs: accelerating the regulatory approval pathway for COVID-19

    As the COVID-19 crisis continues to take hold globally, attention is increasingly turning to the tireless work being done by medical researchers to address the effects of the pandemic. What are the options for fast-tracking regulatory approval for vaccines, diagnostic tests and treatments for COVID-19 and when are we likely to see results?

  • Are you ready for the new Therapeutic Goods Advertising Code?

    On 1 January 2022, the new Therapeutic Goods Advertising Code 2021 (Cth) (Code) came into effect. The Code, sets out the requirements for the promotion of therapeutic goods (such as medicines and medical devices) in Australia with a view to ensuring that such advertising, promotes the quality use of products, is socially responsible and does not mis or deceive consumers.

  • Comprehensive wave of vaping reforms set to commence from January 2024

    The Government has announced a series of reforms to control the importation, manufacture, supply, advertisement and commercial possession of vapes.

  • Ethical considerations, conflicts, and practical implications: Strawperson Patent Oppositions

    Opposing Australian patent applications using strawperson proxies raises challenges, including conflicts, ethical concerns, and practical implications for attorneys, requiring careful consideration.

  • 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.

  • eInventor 2.0 – Patents in the age of AI

    In a landmark decision, Justice Beach of the Federal Court of Australia has made the first judicial determination that recognises artificial intelligence as an inventor. We discuss the decision and its implications.

  • TGA crackdown on telehealth providers promoting prescription-only medicines

    The TGA has issued 45 infringement notices and fined InstantScripts Pty Ltd for the alleged promotion of prescription-only medicines through its telehealth services.

     

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