With a wealth of experience in dealing with patent, SPC and trade secret disputes, Laura Whiting focuses on contentious intellectual property matters. She also regularly counsels clients on the risks and strengths of their IP portfolios, and in relation to licensing disputes. A solicitor advocate, Ms. Whiting is recognised by The Legal 500 as a "no-nonsense litigator", and her practice typically embraces complex technical cases, which often involve a cross-border angle. She has represented clients before all levels of the UK courts and the Court of Justice of the EU, and is frequently involved in significant cases before the European Patent Office and in coordinating UK proceedings with parallel actions in various jurisdictions in Europe, the US and Asia.

Clients come to Ms. Whiting from across the industry spectrum, from biotech and innovative life sciences, through chemicals to high tech. She draws on her chemistry background to assist in handling the most complex cases, especially in the pharmaceutical and biotechnology, chemical and medical devices fields. Ms. Whiting also advises clients in the interface of competition law and IP, particularly in relation to FRAND obligations and the impact of those obligations on obtaining relief.

Experience

  • Association of the British Pharmaceutical Industry and European Federation of Pharmaceutical Industries and Associations in interventions (amicus) in the UK Supreme Court, in relation to the tests for patent validity (plausibility) and skinny label infringement: UKSC 2016/0197 (pending).
  • MSD in SPC proceedings before the UKIPO, High Court and CJEU concerning a combination atherosclerosis product: BL O/117/16; [2016] EWHC 1896 (Pat); C-567/16.
  • Bristol Myers-Squibb in opposition proceedings for the revocation of patents on its blockbuster haematology product before the EPO's Technical Board of Appeal: T 0488/16 and T 0950/13.
  • MSD in revocation and patent infringement proceedings (defence) in the UK High Court and EPO Technical Board of Appeal and pan-European coordination in relation to a blockbuster HIV product: [2016] EWHC 2989 (Pat); T 1150/15 (written decision pending).
  • Genzyme in a commercial dispute in relation to a patent licence on a major antibody product.
  • Baxter in revocation, declaration of non-infringement and amendment actions in relation to a competitor's medical device patent in the High Court and IPEC. (IPEC, unreported)
  • Bristol-Myers Squibb in proceedings for both interim and final injunctions against a generic version of a major HIV product. The final judgment redefined the law on what amounts to a threat to infringe: [2012] EWHC 627 (Pat), [2013] EWHC 1958 (Pat).
  • MSD in obtaining the first "negative-term" paediatric extension of a supplementary protection certificate in the UK: BL O/108/08.

Recognition

World Intellectual Property Review
Leaders: Patent (2018)
The Legal 500 UK
Intellectual Property (2017)

Credentials

Education
  • Diploma in IP Law and Practice, Intellectual Property Law, Bristol University, 2007
  • Legal Practice Course, Law, BPP University, 2004
  • Graduate Diploma in Law, City University London, 2003
  • MSci, Chemistry, University College London, 2001
Admissions
  • England and Wales
  • Ireland
Overview

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