Laura Whiting focuses on contentious intellectual property matters and has a wealth of experience in litigating patent, SPC and trade secret disputes.
Clients come to Laura from across the industry spectrum, from biotech and innovative life sciences, through chemicals to high tech. A solicitor advocate, Laura’s practice embraces complex technical cases, often with a cross-border angle.
She draws on her chemistry background to deftly handle the most scientifically complex cases, especially in the pharmaceutical and biotechnology, chemical and medical devices fields. Laura also advises clients in the technology sector on patent disputes at the interface of competition law and IP, particularly in relation to FRAND obligations and the impact of those obligations on obtaining relief.
Laura 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. Laura also regularly counsels clients on the risks and strengths of their IP portfolios, and in relation to licensing disputes.
- Advising a leading biotech company in its patent enforcement proceedings regarding mRNA (vaccines) in the UK and EPO and coordinating international (ex-US) enforcement and litigation strategies.
- Acting for AstraZeneca on SPC and patent issues on blockbuster (hospital) oncology products, including issues relating to formulation and indication patents, and infringement issues when product sold by tender.
- Defending a leading US social media company in multi-jurisdictional patent litigation relating to mobile video communications.
- Acting for a leading US tech company in UK FRAND rate-setting litigation brought by Conversant.
- Acting for a leading US tech company in UK FRAND rate-setting litigation brought by Conversant.
- Representing automotive supplies company Continental in SEP litigations brought by SEP holders against connected car technology, and contributing to submissions to the European Commission on FRAND aspects.
- Enforcing patents on industrial enzymes for IFF (Danisco) across Europe.
- Defending Merck Sharp & Dohme in UK patent litigation concerning IL-23 antibodies and EPO litigation on the validity of epitope claims.
- Representing the Association of the British Pharmaceutical Industry and European Federation of Pharmaceutical Industries and Associations in interventions (amicus) before the UK Supreme Court, in relation to the tests for patent validity (plausibility) and skinny label infringement: UKSC 2016/0197.
- >15 years’ experience defending multiple major smartphone and chipset brands against SEP/NEP multi-patent assertions. Advising on licence & FRAND/competition defences, including the first pleaded UK FRAND defence in the UK.
- Acting for a leading US tech company in relation to the disclosure of confidential licence agreements in numerous cross-border FRAND actions
- Advising 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.
- Advising Merck Sharp & Dohme 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.
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