About Stephen

Stephen is an intellectual property lawyer who acts for and advises clients across a range of industries, including biopharmaceuticals and pharmaceuticals, chemical and mechanical engineering, information and communications technology, medical devices, mining and veterinary medicines.

Stephen has acted in patent infringement and revocation proceedings before the Federal Court and High Court of Australia, as well as disputes in the Australian Patent Office. He specialises in life sciences matters, for which he draws on his degree in chemistry (Hons I, University Medal).

Stephen also advises on patent strategy (including FTO and product launches), IP licensing and commercial transactions, and therapeutic goods and medical device regulatory matters.

Experience

• Small molecules
  • Acted for Pharmacor in proceedings in the Federal Court of Australia brought by Novartis for alleged infringement of four patents for dosage regimens and formulations relating to Novartis’ blockbuster multiple sclerosis drug fingolimod (GILENYA), including a cross-claim for revocation. Pharmacor’s successful opposition to Novartis’ reliance on multiple neurologist expert witnesses was upheld on appeal to the Full Federal Court.

  • Acted for Norbrook Laboratories in two appeals to the Federal Court of Australia against opposition decisions by the Commissioner of Patents regarding patent applications of Bayer New Zealand (now Elanco New Zealand) for certain antiseptic formulations to prevent mastitis in dairy animals.

  • Acted for Idenix in proceedings in the Federal Court of Australia (and on appeal to the Full Federal Court and on a special leave application to the High Court of Australia) brought by Gilead alleging invalidity of a patent relating to the blockbuster nucleoside analogue prodrug sofosbuvir (SOVALDI; also marketed as the combination treatments HARVONI, EPCLUSA and VOSEVI), including a cross-claim for alleged infringement. To date, worldwide sales of sofosbuvir-containing products have eclipsed USD 65 billion, with PBS benefits in Australia peaking at over AUD 2 billion/year.
• Biologics
  • Acting for Samsung Bioepis in patent opposition proceedings regarding a patent application of Janssen Biotech for methods of treating ulcerative colitis with ustekinumab.

  • Acted for Sanofi in patent opposition proceedings regarding five patent applications of Amgen for anti-PCSK9 antibodies for the treatment of hypercholesterolemia as part of the multi-jurisdictional patent litigation between Sanofi (proprietor of alirocumab (PRALUENT)) and Amgen (proprietor of evolocumab (REPATHA)).
• Genetic technologies
  • Acted for ToolGen in patent opposition proceedings regarding the revolutionary CRISPR gene-editing technology.

  • Acted for Myriad Genetics in proceedings in the Federal Court of Australia (and on appeal to the Full Federal Court and High Court of Australia) brought by Cancer Voices Australia and Yvonne D’Arcy alleging invalidity of a patent for isolated nucleic acids relating to the breast cancer gene BRCA1. This was the first occasion on which the High Court was called to rule on the patentability of isolated nucleic acids.
• Physical sciences
  • Acting for Rio Tinto subsidiary Technological Resources in proceedings in the Federal Court of Australia against Epiroc for alleged infringement of a patent for autonomous drill rig systems and methods, including defence of a cross-claim alleging invalidity.

  • Acted for E-Chem Technologies in two sets of proceedings in the Federal Court of Australia brought by Vector Corrosion Technologies relating to methods of electrochemical protection of steel reinforcement in concrete structures. The first dispute involved defending allegations of infringement and a cross-claim for revocation. The second dispute involved defending allegations of entitlement to one of E-Chem’s patents.

  • Acted for Veraseal in proceedings in the Federal Court of Australia against Coca-Cola Amatil for alleged infringement of a patent for beverage containers and closures, including defence of a cross-claim alleging invalidity.