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.
As well as being a qualified lawyer, Laura holds a Masters in Chemistry and has research experience from the Royal Institution. Clients appreciate her deep technical understanding alongside a pragmatic and strategic approach to legal issues. However complex the subject matter - RNA, vaccines, enzymes, antibodies, or even RF coding - she’s seen it all before.
In the Life Sciences sector she has considerable expertise in advising on SPC strategy from both a legal and regulatory perspective and has acted on cases which determined important questions about SPC duration and availability. Laura also advises clients 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 CJEU, 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. She is also a UPC representative.
- Acting for AstraZeneca in multiple UK revocation proceedings against the compound patent on multi-blockbuster Forxiga®, including injunctions to prevent at risk launch during trial and along the path to final (expedited) appeal before the Court of Appeal and UK Supreme Court on the law of plausibility.
- 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 a leading US tech company in UPC proceedings brought by Headwater.
- 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.
- Representing automotive supplies company Continental in SEP litigations brought by SEP holders against connected car technology.
- 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.
- Acting for a leading US tech company in relation to the disclosure of confidential licence agreements in numerous cross-border FRAND actions
- 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.
- 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.
100 Bishopsgate
First Floor
22-23 Upper Pembroke Street