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Laura Whiting

Counsel

Intellectual property, data and commercial

'a no-nonsense litigator' with 'a wealth of knowledge... across the technical spectrum'

Legal 500, IAM Patent 1000

Profile details

About Laura Whiting

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.

Recent work

  • 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 (pending).
  • 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.
  • 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.
  • Representing an electronics company in relation to the disclosure of confidential licence agreements in third party litigation between Huawei, Unwired Planet: [2017] EWHC 2988 (Pat).
  • Defending a major smartphone brand against SEP/NEP multi-patent assertions in the UK and Germany and advising on FRAND/competition defences.

Qualifications

  • Solicitor-Advocate, England & Wales
  • Solicitor, Ireland
  • Diploma in IP Law and Practice, Intellectual Property Law, Bristol University
  • MSci, Chemistry, University College London