Patrick Sands

Advising a floorplan projection company to defend allegations of patent infringement.

Working with an American healthcare company securing trap purchases of competitor products to assess infringement of patents in Australia directed to systems and methods of dialysis.

Advising an Australian company to file a complaint for patent infringement in the US against a competitor relating to smart diaper technology, primarily used to improve the quality of care for the elderly in residential care homes.

Advising an electric skateboard company in relation to patent infringement by a number of competitors who were each selling electric skateboards alleged to infringe our client's patent.

Advising a US company in relation to the enforcement of its Australian patent for methods of inferring genetic traits.

Advising an Australian company on enforcement of its patents relating to safety gloves.

Advising an Australian ASX listed company in relation to its Australian patent portfolio and likely infringement by a competitor which involves infringement and validity analyses, and advice on experimental evidence in readiness for patent litigation.

Advising an Australian ASX listed company that specialises in the separation and extraction of rare earth elements regarding the intellectual property due diligence review of patent properties and licence agreements that are central to the acquisition.

Acting for a biometric security company in relation to filing patent infringement proceedings in the Federal Court of Australia, and in relation to enforcing patents against third parties in the US, Europe, and Australia.

Advising a global pharmaceutical company in relation to patent term extension law in Australia and whether there are opportunities to challenge the patent term extensions applied to patents for a particular pharmaceutical product.

Acting for a pharmaceutical company in numerous patent infringement and validity cases over a 15 year period, including the (then) leading drugs by volume and value on the Pharmaceutical Benefits Scheme. This included two successful appeals to the High Court on matters of significance to patent practice in the Australian pharmaceutical industry.

Acting for a global corporation that produces medical technology in enforcing its patent for a vacuum wound dressing against a portfolio medical technology company in the Federal Court of Australia.

Acting for a pharmaceutical company in defending several cases concerning the packaging of prescription pharmaceuticals, associated Product Information and Consumer Medicines Information leaflets. Also taking enforcement action against third party pharmaceutical companies for misleading and deceptive conduct arising from their instructions to prescribers to only prescribe the originator's brand.

Acting for an Australian generic pharmaceutical and private label over the counter medicines company in defending patent infringement proceedings brought by a drug discovery and development company in the Federal Court of Australia alleging infringement of the drug discovery and development company's patent for a method of treating insomnia characterised by non-restorative sleep with the drug melatonin. The generic pharmaceutical company cross-claimed to invalidate the patent. The litigation was hard-fought, including an interlocutory injunction application. A two week trial was heard in December 2020 before Justice Nicholas. Judgement is reserved.

Acting for national retailers in defending Federal Court proceedings for copyright infringement and breach of confidence.

Acting for an international optical communications company in relation to prosecuting patent infringement proceedings.

Advising international pharmaceutical companies in relation to the patent aspects of international arbitration based in Singapore.

Representing international medical device companies in Federal Court patent infringement and revocation proceedings.

Acting for the Australian Government agency responsible for scientific research in litigation concerning wireless networking technology.

Representing automotive and after-market manufacturers in registered design and patent litigation proceedings in the Federal Court and Full Court.

Acting for a Melbourne, Australia-based university in patent litigation concerning a dental remineralisation compound.