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Aoife

Aoife Murphy

Partner
Intellectual Property and Technology
Aoife is one of the most experienced patent litigators in Ireland. Her instincts are spot on and clients rapidly come to trust her.
Chambers 2024
About

Aoife is an experienced commercial litigator with particular focus on intellectual property. She advises a wide range of indigenous and multinational clients on all aspects of intellectual property issues, patent, trademarks, copyright and design related intellectual property matters. She is particularly experienced in multi-jurisdictional patent disputes and has acted in some of the most high-profile patent cases to 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. Her experience often involves Irish "firsts", such as acting in the first biologic/biosimilar litigation in Ireland, the first cross-border preliminary injunction application in Ireland and the first proceedings brought anywhere in Europe relating to a derogation sought under the SPC manufacturing waiver. She has also acted in most of the preliminary injunction applications relating to patent and SPC matters before the Commercial Court since 2018, including all of the cross-border preliminary injunctions to come before the Irish Court. She has also acted in all of the patent proceedings relating to medical devices to come before the Irish court in the past 12 years.

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, electronic point-of-sale systems and drone technology. 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 SPC Regulation.

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.

EXPERIENCE

  • BioNTech in patent infringement and validity proceedings before the Commercial Court. The proceedings relate to the alleged infringement of two European Patents by BioNTech's/Pfizer's Covid-19 vaccine which us sold under the Comirnaty brand.
  • Janssen Biotech Inc. / Johnson & Johnson in proceedings before the Commercial Court including Preliminary Injunction proceedings brought against Amgen in Ireland relating to Janssen’s top selling medicine Stelara. These were the first proceedings taken in the EU relating to a derogation sought under the 2019 SPC manufacturing waiver.
  • Merck Sharp & Dohme 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.
  • Novartis AG in two sets of proceedings before the Commercial Court (IP and Technology List) against Mylan and Accord relating to patents that protect Gilenya (fingolimod).
  • Merck Sharp & Dohme in proceedings alleging breach of contract, trade mark infringement and passing off arising from the use of "Merck".
  • Nordic Unmanned AS (“NUAS”) in proceedings alleging patent infringement against Manna Drones Limited relating to a patent owned by NUAS pertaining to unmanned aircraft and drone technology.
  • Merck Sharp & Dohme in patent infringement proceedings against Clonmel Healthcare Ltd in the Commercial Court concerning MSD’s Supplementary Protection Certificate for a combination drug Inegy 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. A referral to the CJEU by the Supreme Court in the main action in March 2022 on the interpretation of Articles 3(a) and (c) of the SPC Regulations. The oral hearing took place before the CJEU in March 2023.
  • Edwards Lifesciences in defence of patent infringement and preliminary injunction proceedings taken by Abbott Cardiovascular Systems Inc in relation to Edwards’ transcatheter mitral valve repair technology.
  • 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 stent coating technology of labcoat.
  • F Hoffman La-Roche and others in a patent infringement action against Celltrion and successfully resisted the defendants’ broad application for discovery.
  • Edwards Lifesciences in proceedings before the Commercial Court against Boston Scientific alleging infringement of an Edwards’ patent in respect of transcatheter heart valves.
  • 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.
  • 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.
  • 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.
  • 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.
  • Orbus Niche Medical Inc. against Boston Scientific Corporation in Commercial Court patent infringement proceedings relating to patents covering coronary stent designs.
  • Novartis AG on the Irish side on cross board PI proceedings brought in the Netherlands relating to Exjade.
  • Genentech on the Irish side of proceedings sought in the UK that inter alia sought declarations of non-infringement relating to Ireland.
  • 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.
Education

    AWARDS AND RECOGNITION

    • LMG Life Sciences Awards EMEA 2024 – Aoife was named SPC Litigator of the Year 2024 and DLA Piper Ireland was named Life Sciences Firm of the Year Ireland 2024 and received a further award for Impact Cast of the Year 2024 -Stelara.
    • Managing IP Intellectual Property Awards   – DLA Piper was named as Patent Contentious Firm of the Year – Ireland -2024 and Europe Cross-Border Patent Litigation Team of the Year - 2024. The practice that she previously headed up was named as Patent Contentious Firm of the Year ‒ Ireland ‒ 2019, 2020, 2022 & 2023 and Ireland Impact case of the Year Ireland 2020 LMG Life Sciences EMEA Awards - Impact case of the Year 2024 – Stelara litigations.
    • Ranked in MIP - Top 250 women in IP 2024  (2017-2024) as one of the Top 250 women in IP globally.
    • Included in WIPR’s 50 most Influential Women in IP worldwide, as part of the Diversity Top 100 WIPR Diversity’s Top 100 list for 2024.
    • Ranked in Tier 1 by IP STARS 2024 (and for many years). Managing IP - Aoife named IP practitioner of the year - Ireland for 2022.
    • The Legal 500 EMEA 2024, where she ranked as a ‘Leading Individual’ and is named in the Legal 500 “Hall of Fame”.
    • Aoife is ranked in Tier 1 by Chambers Europe 2024.
    • Ranked by IAM - Patent 1000 2024. Ranked as a leading individual.
    • IAM Global IP Awards – Patent Firm of  the Year – Ireland – 2020.
    • Named WIPR Leader many years including 2020 - 2024.
    • Recommended as an Expert by Who's Who Legal – Lifesciences, Patents and Trade marks.

    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.
    • Aoife is also an Irish contributor to DLA Piper's Global Patent Laws Guide, Trade Mark Laws of the World Guide, Prize Promotions Around the World Guide and Environmental Advertising Claims Guide.
    • 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

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