Mike Gilbert

England

Marks & Clerk · Mike is an IP lawyer who advises clients in a wide variety of business sectors on issues including litigation and dispute resolution, IP strategy and risk limitation, due diligence projects and commercial and licensing transactions involving IP. His primary focus and expertise, however, lies in life sciences patent litigation where he is considered to be one of the UK’s leading practitioners. He has represented some of the world’s leading biopharmaceutical corporations in complex patent and technical disputes including Genentech, Roche, AstraZeneca, MedImmune, Daiichi Sankyo, Pfizer, AbbVie and Chugai to name but a few. He regularly advises those clients on SPC and paediatric extension matters, a field in which he is considered to be a particular expert. He has been responsible for some of the most important life sciences patent cases with a special focus on biotech and antibody and large molecule cases. He regularly advises on data and marketing exclusivity matters and orphan drug designations. Within patent litigation, Mike has acted for and advised clients in actions in the Patents Court of the High Court, the Court of Appeal and on several petitions to the Supreme Court. He has also acted for SME client in their disputes in IPEC. Mike has significant experience of acting for clients involved in multi-jurisdictional technical disputes working as part of and coordinating integrated teams of IP specialists spanning many countries. He is actively involved in defending patent, SPC and data and marketing exclusivity rights around Europe for his clients. Mike is well known for his strategic and creative vision and is consistently recommended in the IAM Patent 1000 guide, which describes him as “always at the top of the pile, especially for pharmaceutical matters”: “personable, approachable and user-friendly, he is a tenacious litigator able to take an objective view of a case at all times.” He is listed as a ‘patent leader’ by World IP Review and as an ‘IP Star' by Managing Intellectual Property. Mike is also listed by Legal 500, and recognised as an expert by Who’s Who Legal, which describe him as an “outstanding patent litigator” and say that his “glittering biotechnology practice wins him a position in the gold tier”. He is also recognised as the number one European thought leader by Who’s Who Life Sciences 2018, who describe Mike as follows:- “the “outstanding” Mike Gilbert ranks among the very elite of practitioners in our research, and is widely considered the “go-to practitioner for SPC matters in the life sciences sector". Example Cases Aontec v Smartrac Affymetrix v Illumina Tercica v Insmed MSD v Wyeth MSD v Pfizer GSK v Wyeth Regeneron and Teva v Rinat MedImmune v Celltech MedImmune v Novartis Genentech v Hospira Lilly v Genentech Regenernon and Bayer v Genentech Takeda v Roche UCB v Chugai Astex v AstraZeneca Whitserve v CPA Jeyes v Henkel Daiichi Sankyo v KRKA and TAD Pharma Novamedix v Fox & Gardner

England