Herbert Smith Freehills

Intellectual Property Department

Australia
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What the team is known for Pre-eminent group with an outstanding track record in patent litigation in both the pharmaceutical and technological sectors. Its expertise crosses the spectrum of IP services, with groups of commercial IP practitioners and litigators as well as a dedicated trade marks management and prosecution team. Significant experience handling commercialisation and transactional matters. Regularly advises leading multinational clients on all aspects of IP protection, including the co-ordination of multi-jurisdictional cases, as well as advising on trade mark portfolio management and the IP aspects of market entry for new products.

Strengths Market sources identify the depth and skills of the team as key strengths, one client saying: "HSF were creative in their ideas about how to approach the matter. They also had an amazing solicitor on the matter, which reduced the amount of time required to be spent by the partner."

Another client values the firm's "strong communication, good advice, pleasant service, strong knowledge and awareness of our costs limitations."

Work highlights Advised Gilead on Federal Court patent infringement proceedings regarding the blockbuster drug Biktarvy, brought against the client by ViiV Healthcare and Shionogi.

Notable practitioners


Kristin Stammer
is, in the words of one client, "very thorough, organised, prompt, and knowledgeable. Her drafting and issue-spotting skills are impressive." The same source adds: "Kristin is also a skilled negotiator and project manager." Stammer regularly advises clients on the IP aspects of significant transactions, trade mark portfolio management and rebrandings.


Shaun McVicar
is a well-reputed practitioner who is "amazingly experienced in patent litigation," according to one client, who further highlights his abilities in "client care and running complex cases with an international dimension." According to another source: "He's a very wily strategist; he's been around long enough so that he's seen all the things that happen in litigation like this. He's also a very good team leader, very good at marshalling the resources and getting it all together."


Sue Gilchrist
is "outstanding, very sharp, very across it, and very strategic," according to a market source. She is renowned for her expertise in contentious intellectual property matters, including patents, trade marks and copyright. A client says: "Her strengths are big-picture strategy and client empathy; she can put herself in the client’s shoes, see what they want to achieve and think creatively about how to get to that end point. She is definitely not someone who thinks dispute resolution is always executed in the same way; she is adaptive and understanding."