Dr. Beatriz San Martin focuses her practice on the life sciences sector and emerging/disruptive technologies. She has significant first-chair experience handling cases before the UK Courts and the Court of Justice of the European Union, including high-profile European litigation. In addition to her patent and SPC experience, she also counsels on and litigates other IP rights including copyright, trademark, passing off, design rights, database rights and confidential information. Her cases have involved a wide range of technologies including pharmaceuticals, medical devices, agrochemicals, insulation products, software, medical imaging and mosquito nets—the last of which concerned technical trade secrets and led to her involvement in the largest ever confidential information case litigated in England & Wales.

Dr. San Martin has been recognized by Chambers, which has noted that she is "much sought after as a patent litigator for her extensive knowledge of pharmaceutical patents and SPCs" and is an IP lawyer who "impresses in sophisticated patent and confidential information cases". According to Chambers, sources described her as "a very creative, thoughtful litigator" who "excels in managing complex, multi-jurisdictional cases." Other sources have described her to The Legal 500 as a "super focused IP litigator" having IP knowledge and provides "the x-factor." She has also been recognized as a WIPR Leader and ranked by IAM and in 2015 was named as one of BioBeat's 50 female "Movers and Shakers" in BioBusiness.

Dr. San Martin is fluent in Spanish.

Experience

  • Sandoz v G.D. Searle and Janssen Sciences Ireland. First-chair counsel in a Supplementary Protection Certificate (SPC) revocation action relating to an antiretroviral used for the treatment of HIV which included a preliminary reference to the Court of Justice of the European Union.
  • Assisting a global agrochemical business on technical aspects of breach of contract and misuse of confidential information proceedings.
  • First-chair counsel on behalf of Cognizant in a copyright infringement proceedings relating to a software product.
  • First-chair counsel on a trade mark dispute on behalf of a global educational company.
  • First-chair counsel in a significant trade mark dispute which turned on whether the relevant trade marks were geographically descriptive.
  • Vestergaard Frandsen v Bestnet Europe Ltd. Assisting in long-running confidential information litigation concerning long-lasting insecticidal nets. The liability action went all the way up to the Supreme Court on a discrete point. The case also included an inquiry as to damages.
  • Representing a global medical device company on its patent litigation strategy in the UK regarding a product incorporating digital technologies.
  • Eli Lilly v Human Genome Sciences. Representing Eli Lilly in an SPC case seeking declaratory relief preventing HGS from obtaining an SPC by relying on a marketing authorisation for an antibody product developed by Eli Lilly. The case included a preliminary reference to the Court of Justice of the European Union.
  • Kingspan v Xtratherm. First-chair counsel on behalf of Xtratherm in a patent infringement and invalidity action concerning phenolic foam insultation product.
  • Eli Lilly v Biogen. Representing Eli Lilly in a patent revocation action concerning a biologic.
  • Assisting in a patent infringement and invalidity action concerning an autoinjection delivery system.

Perspectives

Santen SPC case: Advocate General Pitruzzella urges CJEU to reject Neurim
BioSlice Blog
Analyzing Key ATMP Talking Points Through IP and Regulatory Lenses (pdf)
Cell and Gene Therapy Insights, 2020 vision - Tools and Technologies of Tomorrow
Tips for Investing in Digital Technologies
Arnold & Porter Webinar
How Strict? European Court of Justice Provides Further Guidance on the Interpretation of the SPC Regulation (pdf)
AIPLA's Chemical Practice Chronicles Newsletter

Recognition

Chambers UK
Intellectual Property: Patent Litigation (London) (2020)
Who's Who Legal
Life Sciences – Patent Litigation (2019)
World IP Review
"WIPR Leaders" (2019)
More

Credentials

Education
  • PhD, Genetics, Cellular and Molecular Biology, University of Cambridge
  • Post-Graduate Diploma in Law, BPP University Law School
  • MA, University of Cambridge
  • Legal Practice Course, BPP University Law School
  • Diploma, Intellectual Property Law and Practice, Bristol University
Admissions
  • England and Wales
Activities
  • Committee Member, Intellectual Property Lawyers' Association (IPLA)
  • Chartered Institute of Patent Attorneys (CIPA)
  • European Lawyers' Association (EPLAW)
  • Member, Cellular and Gene Therapy Advisory Committee, UK BioIndustry Association
  • Member, Engineering Biology Advisory Committee, UK BioIndustry Association
  • American Intellectual Property Lawyers' Association (AIPLA)
  • Member, The Law Society, England & Wales
  • Member, The Law Society of Ireland
Languages
  • Spanish
Overview

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