About Ben
Ben is recognised as one of Australia's leading intellectual property lawyers. He has extensive experience as an intellectual property specialist leading IP disputes and transactions in one of Australia’s pre-eminent IP teams. Ben is a patent and technology specialist with a degree in science (biochemistry) and leading expertise in IP licensing and commercialisation transactions, IP advice, litigation and dispute resolution. He also advises on pharmaceutical, biopharmaceutical and medical device regulatory matters, including on product registration and reimbursement issues, clinical trials, product launches and pharmaceutical supply and marketing issues.
Experience
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Samsung Bioepis
Acting for Samsung Bioepis in successfully resisting an application to the Federal Court by Pfizer for preliminary discovery of documents relating to the manufacturing of Samsung Bioepis’s biosimilar etanercept product.
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Sun Pharma
Acting for Sun Pharma in proceedings brought in the Federal Court by Mylan Health for alleged infringement of three patents for formulations and second medical uses of fenofibrate, together with cross claims for revocation of the patents.
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St Vincent’s Hospital Sydney
Acting for St Vincent’s Hospital Sydney in negotiating patent license agreements with AVEO Pharmaceuticals, Inc. and Novo Nordisk granting exclusive worldwide rights to commercialise MIC-1, analogues and antibodies for a range of indications.
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Medical device company
Acting for a leading medical device company in drafting and negotiating a number of transactions with suppliers, manufacturers and collaborators for the development of components for medical devices, including resolution of product supply, joint development, technology access and IP license and commercialisation issues.
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Actavis
Acting for Actavis in proceedings brought in the Federal Court by Orion Corporation and Novartis Pharmaceuticals and on appeal to the Full Court for alleged infringement of a patent for triple formulations of levodopa, carbidopa and entacapone, and a cross claim for revocation of the patent.
Legal Insights
Full Court finds Swiss-style claims invalid – hypothesis as prior art and obviousness of invention
Clarifies the law on the construction, infringement and novelty of “Swiss-style” patent claims in Mylan v Sun Pharma.
Court refuses Commonwealth’s PBS claim in the Plavix case, but the door remains open
The Commonwealth’s unsuccessful claim for compensation pursuant to an undertaking as to damages by Sanofi.
Partner
Sydney