Recent experience includes:
Advised global healthcare company GSK on a number of matters, including:
- Acting as coordinating counsel in relation to what was probably the largest piece of trade mark pharmaceutical litigation to date. The dispute was between two of the largest pharmaceutical companies globally, related to the third best selling pharmaceutical product of all time and spanned 30 different countries. Jurisdictions included UK, Germany, Norway, Sweden, South Korea, Denmark, Ireland, Estonia, Latvia, Australia, and the United States.
- Providing a global 3D trade mark protection and enforcement strategy to GSK in relation to its multi billion pound medical device. As part of its work, Stephenson Harwood acted as coordinating counsel to achieve successful preliminary injunctions in Poland, Czech Republic, Slovakia, Germany and South Korea against multiple generic companies. Proceedings were also initiated in the UK but settled shortly before trial.
- Working with local counsel to obtain a successful preliminary injunction in Sweden against a generic company that had copied our client’s distinctive colour combination getup. This matter is currently before the Swedish supreme Court.
Joint venture dispute
Providing Hong Kong law advice and arbitration representation to a pharmaceutical company in relation to multi-jurisdictional claims surrounding rights to medical technology in Mainland China.
International specialist healthcare company
Advised this company in relation to a multi-million pound claim for unpaid royalties under a patent and know-how licence. Following the initiation of legal proceedings, the dispute was settled successfully at mediation resulting in a significant payment to our client.
Purple Surgical UK Limited
Advised the Plaintiff (a leading medical appliances manufacturer in UK, which is also a long time supplier of the National Health Service of the government of UK) which in May 2020 entered into a sale and purchase agreement to purchase five million 3M surgical masks from the Defendants with a purchase price of US$27 million. The full amount of purchase price was transferred to an escrow agent in California, the USA.
Multinational biopharmaceutical company
Secured a successful settlement shortly before trial in relation to the defence of a claim for approximately £60 million in allegedly unpaid royalties under a patent and know-how licence relating to antibody technology.
Advised this company in relation to a dispute regarding the alleged misuse of third party confidential information in pharmaceutical manufacturing technology.
Advised India's largest biopharmaceutical company in relation to a cross-border product liability dispute against a French listed company specialising in cancer medications.
Advised this company within the framework of a litigation of claim cover in progress before the High Court of Montauban in connection with compensation for bodily injury.
UK litigation - Preventing unauthorised use
Advising on a dispute in which a third party was using our client’s name to sell substandard PPE. Following our involvement, the third party promptly rebranded.
UK litigation - Protecting well known getup
Advising on a passing off dispute in relation to our client’s OTC emollient product for the treatment of eczema and other skin conditions. The third party had copied our client’s well known getup and agreed to change following our firm’s involvement.
Copyright - Patient Reported Outcome Questionnaires
Providing a copyright enforcement and protection strategy in relation to our client’s FDA approved patient reported outcome questionnaire in relation to patient’s experience with varicose veins during therapy.
Trade mark disputes
Advising in relation to a trade mark dispute to ensure our client can use its preferred name for its interventional and immuno-oncology business.
Trade mark clearance advice (including regulatory name safety)
Providing trade mark clearance advice, including regulatory name safety clearance, in relation to the launch of multiple prescription products in the UK, EU and beyond.
Trade mark disputes
Advising a French pharmaceutical company in relation to a third party that was infringing one of its trade marks.
Advising a well known pharmaceutical company in relation to a parallel importer that was applying our client’s trade mark to products that were not put onto the market with our client’s consent.
3D and colour protection
Obtaining multiple 3D and colour trade marks in the UK, EU and beyond for our pharmaceutical clients.