Aoife is an experienced commercial litigator with a particular focus on intellectual property. She advises a wide range of indigenous and multinational clients on all aspects of intellectual property issues, patents, trademarks, copyright and design-related intellectual property matters. She is particularly experienced in multi-jurisdictional patent disputes and has acted in most of the patent cases that have come before the Irish Courts in recent years. She has acted in more patent related disputes in the Commercial Court list than any other practitioner in Ireland in the last number of years. She has also acted in most of the preliminary injunction applications in the Commercial Court list since 2018.
She has considerable experience in life science matters particularly medical devices, biosimilars and well as patents in other sectors. Aoife is involved in claims of infringement and revocation of patents and SPCs which protect pharmaceuticals, medical devices, biotechnology and electronic point-of-sale systems. She most recently represented MSD in an appeal before the Supreme Court, securing the first reference in a Patent/SPC matter from the Irish Court to the CJEU on the core issue in the appeal namely, the appropriate interpretation and application of Art 3(a) and 3(c) of Regulation in February 2022.
She has acted for manufacturers and brand owners in trade mark, passing off and unfair competition litigation. She also represents clients in copyright, licencing and ownership disputes. Aoife sits on the Intellectual Property Law Committee of the Law Society of Ireland. Aoife is co-author of The Legal 500 Country Comparative Guides – Ireland: Patent Litigation 2020-2023. She was also a co-author of the 2012-2018 ICLG International Comparative Legal Guides to Patents. She is co-author of “Technology & IP Law” (Tottell Publishing/Law Society of Ireland.)
- Acted for Janssen Biotech Inc. and J&J in proceedings before the Commercial Court including Preliminary Injunction proceedings brought against Amgen in Ireland relating to Janssen’s top selling medicine Stelara. The proceedings settled on favorable terms in May 2023. The proceedings arose from Amgen’s intention to infringe an SPC held by Janssen by manufacturing in Ireland a medicinal product containing the active ingredient usketinumab and its subsequent export to the US. These were the first proceedings taken in the EU relating to a derogation sought under the 2019 SPC manufacturing waiver.
- Acting for plaintiff Merck Sharp & Dohme Corp. in patent/SPC infringement proceedings before the Commercial Court including preliminary injunction proceedings against Mylan restraining Mylan from offering, putting on the market or using products containing sitagliptin and metformin (Janumet) used to treat type 2 diabetes. Secured a preliminary injunction against Mylan in January 2023 which was upheld on Appeal in April 2023. (Currently multiple related proceedings around the EU and in the US).
- Acting for Novartis AG in two sets of proceedings before the Commercial Court (IP and Technology List) against Mylan and Accord relating to Gilenya. (Currently multiple related proceedings around the EU and in the US).
- Acted for Nordic Unmanned AS (“NUAS”) in proceedings against Manna Drones Limited relating to a patent owned by NUAS pertaining to unmanned aircraft and drone technology. The matter resolved on favourable terms.
- Acting for plaintiff Merck Sharp & Dohme Corp. in patent infringement proceedings commenced against Clonmel Healthcare Ltd (a subsidiary of Stada) in the Commercial Court concerning MSD’s Supplementary Protection Certificate for a combination drug used in cholesterol treatment. The proceedings included a claim for a preliminary injunction and the Supreme Court delivered a landmark judgment on that issue in MSD’s favour in July 2019 and a referral to the CJEU by the Supreme Court in the main action in March 2022. The oral hearing took place before the CJEU in March 2023.
- Acted for Edwards Lifesciences in defence of patent infringement and preliminary injunction proceedings taken by Abbott Cardiovascular Systems Inc in relation to Edwards’ valve repair medical device.
- Acted for the former shareholders of Labcoat in a dispute before the Commercial Court arising from a transaction agreement pursuant to which Boston Scientific acquired the patents and other IP relating to sent coating technology of labcoat. The matter was listed for hearing in May 2022 but resolved on favourable terms in April 2022.
- Acted for plaintiffs F Hoffman La-Roche and others in a patent infringement action against Celltrion and successfully resisted the defendants’ broad application for discovery.
- Acted for plaintiff Edwards Lifesciences in proceedings before the Commercial Court against Boston Scientific alleging infringement of an Edwards’ patent in respect of transcatheter heart valves (2018/2019).
- Acted for defendant Amgen in patent infringement proceedings brought by Fresenius regarding the launch of Amgen’s product Amgevita, a biosimilar of Humira, which was then the world’s top selling drug.
- Acted for Eisai in defence of Commercial Court patent revocation proceedings brought by Eli Lilly in respect of an Eisai patent which protects a pharmaceutical product for the treatment of neurodegenerative diseases including Alzheimer type dementia.
- Acted for Mylan in defence of patent infringement proceedings brought by Teva concerning Teva’s blockbuster drug Copaxone and Mylan’s generic product; Teva sought and was refused a cross boarder preliminary injunction against Mylan preventing Mylan manufacturing for export to the US.
- Acted on behalf of MSD in an appeal to the High Court (Commercial) against the decision of the Controller of Patents refusing to grant MSD a Supplementary Protection Certificate for a combination cholesterol treatment drug.
- Acted on behalf of Orbus Niche Medical Inc. against Boston Scientific Corporation in Commercial Court patent infringement proceedings relating to patents covering coronary stent designs.
- Advised Novartis AG on the Irish side on cross board PI proceedings brought in the Netherlands relating to Exjade.
- Advised Genentech on the Irish side of proceedings sought in the UK that inter alia sought declarations of non-infringement relating to Ireland.
- Acted for Novartis AG against Actavis in relation to a High Court Injunction in respect of infringement of a patent for a drug used in the treatment of blood pressure.
AWARDS AND RECOGNITION
- Ranked in MIP - Top 250 women in IP 2023 (2018-2023) as one of the Top 250 women in IP globally.
- The Legal 500 EMEA 2023, where she ranked as a ‘Leading Individual’ and is named in the Legal 500 “Hall of Fame”, The IP practice that she headed is ranked Tier 1.
- Aoife named IP practitioner of the year Ireland for 2022. Ranked by IAM - Patent 1000 2023. Ranked as a leading individual. The IP practice that she headed is ranked in Tier 1 (gold status).
- Ranked by Chambers Europe (many years including 2020, 2021 and 2022).
- Ranked in IP Stars 2023 (and for many years) Managing IP Intellectual Property Awards – Whitney Moore, the practice that she headed up was named as Patent Contentious Firm of the Year ‒ Ireland ‒ 2019, 2020 and 2022 and Ireland Impact case of the Year Ireland 2020 for Merck Sharpe & Dohme v Clonmel Healthcare. Also shortlisted for Patent Contentious firm of the year 2021. Whitney Moore currently nominated for Patent Contentious and Trademark Contentious Firm of the Year -Ireland – 2023 (the ceremony is due to take place on 15 June) IAM Global IP Awards – Whitney Moore named Patent Firm of the Year – Ireland – 2020.
- Named WIPR Leader many years including 2020 - 2023. Recommended as an Expert by Who's Who Legal - Lifesciences and Patents
Publications and media
- Aoife is co-author of The Legal 500 Country Comparative Guides – Ireland: Patent Litigation 2020-2023. She was also a co-author of the 2012-2018 ICLG International Comparative Legal Guides to Patents.
- She is co-author of “Technology & IP Law” (Tottell Publishing/Law Society of Ireland.)
Memberships and Affiliations
- Aoife sits on the Intellectual Property Law Committee of the Law Society of Ireland