About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

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Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Winners of 2019 Maddocks Art Prize announced March 22, 2019

Friday 22 March 2019 Two of Australia’s most talented contemporary visual artists have been awarded the 2019 Maddocks Art Prize. Anna McMahon (ACT/NSW) and Zoë Croggon (Victoria) were last night named the winners of the … Continued

Latest Article

The long wait for franchising inquiry findings is over March 15, 2019

The current regulatory environment has manifestly failed to deter systemic poor conduct and exploitative behaviour and has entrenched the power imbalance [of franchisor’s over franchisees][1] This statement of the Committee sets the tone of the … Continued

Ben Miller Partner

Backgroud

Ben is recognised as one of Australia’s leading intellectual property lawyers. He has over 24 years’ experience as an IP specialist providing advice and leading transactions and disputes in a range of industries, including life sciences, pharmaceuticals and biotechnology, manufacturing and engineering, chemicals, medical devices, IT and telecommunications.

Ben specialises in IP strategies and patent infringement and revocation cases before the Federal Court and High Court of Australia, and oppositions in the Australian Patent Office. He has led clients to success in a number of Australia’s leading patent cases.

Ben’s expertise also includes IP transactions, drafting and negotiating licence and commercialisation agreements, technology transfer agreements, research collaborations, distribution agreements and related arrangements. He acts on domestic and cross-border deals for both IP owners and licensees, including Australian and multinational pharmaceutical companies, biotech and medical device companies, and some of Australia’s most prestigious biomedical and industrial research institutes.

Ben also advises on pharmaceutical, biopharmaceutical and medical device regulatory matters, including on product registration and reimbursement issues, clinical trials, product launches and supply and marketing issues.

Over the last 12 years Ben has been rated one of the top IP lawyers in Australia by all the major legal directories, including Chambers Asia Pacific, Best Lawyers and IAM 1000 The World’s Leading Patent Practitioners, and has consistently received the top ranking by PLC Which Lawyer? Yearbook in the area of Life Sciences: Commercial & Partnering. He has twice been awarded Lawyer of the Year, Biotechnology, Sydney by the Best Lawyers publication. Ben is described by clients as “Exceptional, tremendously knowledgeable, commercial, diligent and hard-working.” – Chambers Global.

Relevant Experience

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Acting for Gambro AB in its successful patent case in the Federal Court, the Full Court and the High Court of Australia against Fresenius Medical Care for infringement of Gambro’s patent for renal dialysis systems, including successful defence of a cross claim for revocation.
  • Acting for a major multinational pharmaceutical company preparing and negotiating a suite of clinical trial agreements for investigator-sponsored clinical trial projects in Australia, including completion of transactions with a number of leading clinical research centres in Australia.
  • Acting for Arrow Pharmaceuticals in its successful challenge in the Federal Court to the term extension granted on the patent of H Lundbeck A/S for its blockbuster escitalopram product LEXAPRO. Also successfully defended Lundbeck’s appeal to the Full Court and its application for special leave to appeal to the High Court of Australia.
  • Acting for Imerys Minerals Limited in an application to the Federal Court for Anton Piller orders to search and seize documents relating to allegations of breach of confidence and copyright infringement by use and reproduction of technical documents.
  • Acting for the Garvan Institute of Medical Research in drafting and negotiating a number of research collaboration and license agreements with Australian and multinational pharmaceutical and biotech companies.

Recognition

  • Chambers Asia-Pacific, 2006 – 2018
  • Biotechnology Lawyer of the Year, Sydney, Best Lawyers, 2013, 2018
  • Intellectual Property, Best Lawyers, 2009 – 2017
  • Biotechnology, Best Lawyers, 2008 – 2017
  • Pre-eminent, Leading Patent Litigation Lawyers Australia, Doyle’s Guide, 2013 – 2017
  • Pre-eminent, Leading NSW Intellectual Property Lawyers, Doyle’s Guide, 2010 – 2016
  • Patent Litigation, Who’s Who Legal Life Sciences, 2013 – 2017
  • Life Sciences Transactional, Who’s Who Legal, 2015 – 2016
  • Patents Transactional, Who’s Who Legal, 2014 – 2017
  • Life Sciences, Patents, Who’s Who Legal Australia, 2017
  • Patents, World’s Leading Lawyers Chosen by their Peers, Expert Guides, 2015 – 2018
  • Patent litigation, patent transactions, IAM Patent, 2000 – 2017
  • Patent Star – Australia, Managing Intellectual Property, IP Stars Handbook, 2013 – 2018
  • The World’s Leading Lawyers, Experts Guides Patents, 2015