About Jenny

Jenny is an intellectual property lawyer with a PhD in biochemistry and molecular biology. Prior to becoming an intellectual property lawyer, Jenny spent 5 years as a postdoctoral research fellow at two of Australia’s eminent research institutions conducting and disseminating research in the neurosciences field. Jenny draws upon her scientific and legal experience to act for and advise clients across a range of sectors, including life sciences, biopharmaceuticals and pharmaceuticals, biotechnology, engineering (chemical, mechanical and photovoltaic), medical devices and mining.

Jenny has represented a number of clients in complex, multi-jurisdictional patent infringement and revocation proceedings before the Federal Court of Australia as well as disputes in the Australian Patent Office.

Jenny also advises clients on a range of IP issues, including copyright, designs, trade marks, IP licensing, freedom to operate and pricing and reimbursement of pharmaceutical products in Australia. Jenny further advises on IP due diligence for corporate transactions in collaboration with the Maddocks Commercial group.

Experience

• Biologicals

  • Merck Sharpe & Dohme Corporation v Wyeth LLC (Federal Court) – Acted for MSD in patent revocation proceedings brought against Wyeth to revoke Wyeth’s patents for pneumococcal conjugate vaccine compositions for the treatment of pneumococcal disease, including defence of a cross-claim alleging infringement. The judgment for this proceeding, Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477, was a seminal IP case and the first to provide detailed judicial consideration of the new support requirement for Australian patents.

  • Acting for Samsung Bioepis AU Pty Ltd in Federal Court and related patent opposition proceedings regarding Janssen Biotech, Inc.’s patents and patent applications for methods of treating ulcerative colitis with the biologic ustekinumab.

• Small molecules

  • Novartis v Pharmacor (Federal Court and Full Court) – Acted for Pharmacor in defence of infringement proceedings brought by Novartis regarding patents for the treatment of multiple sclerosis, including a cross-claim for revocation.

  • AUPharma v Mundipharma (Federal Court) – Acted for AUPharma in patent revocation and rectification proceedings brought against Mundipharma to “clear the way” of Mundipharma’s patents for abuse resistant oral controlled release compositions containing oxycodone and naloxone for the treatment of pain, including defence of a cross-claim alleging infringement.

• Genetic technology

  • ToolGen Incorporated v Fisher (Federal Court opposition appeal) – Acted for ToolGen in a de novo appeal from a successful opposition brought by Fisher to the grant of ToolGen’s patent relating to CRISPR technology in targeted gene editing in eukaryotic cells.

  • Regeneron Pharmaceuticals Inc v Kymab Limited (Federal Court opposition appeal) – Acted for Regeneron in a de novo appeal from a successful opposition brought by Kymab to the grant of Regeneron’s patent relating to transgenic mouse technology.

• Physical sciences

  • Technological Resources Pty Limited v Epiroc Australia Pty Limited (Federal Court) – Acting for TRPL (a subsidiary of Rio Tinto) in proceedings brought against Epiroc for infringement of TRPL’s patent for autonomous drill rig systems and methods, including defence of a cross-claim alleging invalidity.

  • Vector Corrosion Technologies Limited v E-Chem Technologies Ltd (Federal Court) - Acted for E-Chem in defence of patent entitlement proceedings brought by Vector regarding E-Chem’s patent for methods of cathodic protection of steel reinforcement in concrete structures. Also acted for E-Chem in costs recovery proceedings following judgment. Judgments: Vector Corrosion Technologies v E-Chem Technologies Ltd [2022] FCA 188 and Vector Corrosion Technologies Ltd v E-Chem Technologies Ltd (No 2) [2022] FCA 519.

  • Veraseal v Coca-Cola Amatil (Federal Court) – Acted for Veraseal in proceedings brought against Coca-Cola Amatil for infringement of Veraseal’s patent for containers and closures, in particular for beverage products, including defence of a cross-claim alleging invalidity.