Ben is recognised as one of Australia's leading intellectual property lawyers and has considerable experience leading IP disputes and transactions. Ben is a patent and technology specialist with a degree in science (biochemistry) and leading expertise in IP licensing and commercialisation transactions, IP advice and strategy and IP litigation and dispute resolution. Ben has worked closely with clients in a wide range of industries, including pharmaceuticals, biopharmaceuticals and biotechnology, animal health, manufacturing and engineering, chemicals, medical devices, consumer goods and TMT. He has led clients to success in many of Australia's leading patent cases.
Ben also advises on pharmaceutical, biopharmaceutical and medical device regulatory matters, including product registration and reimbursement issues, clinical trials, product launches and marketing, advertising and supply issues.
Ben has been ranked for over 15 years as one of the top IP lawyers in Australia by major legal directories, including Chambers, Best Lawyers, IAM 1000, The World's Leading Patent Professionals, Who’s Who Legal, Doyle’s Guide and Managing Intellectual Property - IP Stars. He has twice been awarded Lawyer of the Year, Biotechnology, Sydney, by the Best Lawyers publication.
Awards & Recognition:
- Ranked as one of the top IP lawyers in Chambers, 2003-2023
- Ranked as one of the top IP lawyers in Best Lawyers, 2003-2023
- Ranked as one of the top IP lawyers in IAM 1000, 2003-2023
- Ranked as one of the top IP lawyers in The World's Leading Patent Professionals, 2003-2023
- Ranked as one of the top IP lawyers in Who's Who Legal, 2003-2023
- Ranked as one of the top IP lawyers in Doyle's Guide, 2003-2023
- Ranked as one of the top IP lawyers in Managing Intellectual Property - IP Stars, 2003-2023
- Lawyer of the Year, Biotechnology, Sydney, by the Best Lawyers publication.
- Winner, Impact Case of the Year, Managing IP Awards 2023
- Finalist, Partner of the Year – IP, Lawyers Weekly 2023
Patent litigation – life sciences
Acting for Pharmacor in proceedings brought in the Federal Court of Australia by Novartis for alleged infringement of four patents relating to dosing regimens and formulations relating to Novartis’ blockbuster multiple sclerosis drug GILENYA, including cross claims for revocation.
Acting for Norbrook Laboratories in two appeals to the Federal Court against opposition decisions by the Commissioner of Patents relating to patent applications of Bayer New Zealand (now Elanco New Zealand) for certain antiseptic formulations to prevent mastitis in dairy animals.
Acted for Samsung Bioepis on the Australian launch of its biosimilar etanercept product, including successfully resisting an application to the Federal Court by Pfizer for preliminary discovery of documents.
Acted for Sun Pharma in successful defence of proceedings brought in the Federal Court by Mylan Health for alleged infringement of three patents for certain formulations and second medical uses of fenofibrate, together with cross claims for revocation of the patents.
Patent litigation – physical sciences
Acting for Rio Tinto subsidiary Technological Resources in proceedings in the Federal Court of Australia against Epiroc for alleged infringement of patents for autonomous drilling of blast holes in surface mining, including defending a cross claim alleging invalidity.
Acting for E-Chem Technologies in successfully defending proceedings in the Federal Court of Australia by Vector Corrosion Technologies for alleged entitlement to a patent for methods of electrochemical protection of steel reinforcement in concrete structures.
Acted for Gambro in its successful patent case in the Federal Court against Fresenius Medical Care for infringement of Gambro’s patent for novel renal dialysis systems, including successful defence of a cross claim for revocation, successfully resisting Fresenius’s appeal to the Full Court on patent amendment as well as infringement and validity issues and resisting Fresenius’s application for special leave to appeal to the High Court of Australia.
IP licence and commercialisation transactions
Acting for Australian Nuclear Science and Technology Organisation (ANSTO) in drafting and negotiation of a long-term IP and technology licence agreement with German radiopharmaceutical company ITM Isotope Technologies Munich SE, under which ANSTO will produce medical radioisotope n.c.a. Lutetium-177 (n.c.a. 177Lu) for the Australian and New Zealand markets using ITM’s production technology.
Acted for St Vincent’s Hospital Sydney on a number of patent license agreements, including with AVEO Pharmaceuticals, Novo Nordisk and Roche for exclusive worldwide rights under St Vincent’s patent portfolios relating to MIC-1, antibodies to MIC-1 and MIC-1 diagnostic tests for a range of indications including cachexia, diabetes and obesity.
Acting for ResMed in a number of transactions with suppliers, manufacturers and potential collaborators for the development of components for ResMed’s CPAP sleep apnoea devices, including resolution of global product supply, IP ownership, joint development, technology access and IP license (including FRAND licensing for SEPs for 3G and 4G) and commercialisation issues.
Marketing and consumer law
Acting for Arrotex Pharmaceuticals in defending proceedings brought in the Federal Court by Mylan Health for alleged contraventions of the Australian Consumer Law in the marketing and promotion of fenofibrate formulations.
Acted for Pharmacor in defence of an application to the Federal Court for preliminary discovery by GlaxoSmithKline Australia for regulatory documents relating to extended release paracetamol formulations based on alleged contraventions of the Australian Consumer Law, successfully resisting infringement proceedings.
Acted for NSW Rugby League in brand protection, trade mark enforcement and consumer law claims against a number of parties relating to rights to the NSW Blues State of Origin team.
"Ben Miller has an exceptional knowledge of IP law, both within Australia and internationally, and has extensive experience both in transactional negotiations, implementation and the management of IP disputes. He has a highly commercial and strategic focus, which understands the needs and context of the clients business and the risks and opportunities that arise from the specific client business and operations, and facilitates integration of that information into transactional advice."
Client feedback, The Legal 500, Asia Pacific, 2022
"He is an experienced, shrewd tactician who makes sure that the client is kept well informed and feels really confident."
Chambers Asia Pacific
"Seen by market sources as an 'absolute top operator' and 'one of the best patent litigators'"
Chambers Asia Pacific