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Patrick Sands

Partner

Patrick offers a unique combination of experience and skills.

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Experience

With his science degree and previous roles in industry, his ability to understand a diverse range of technologies and more than 20 years practising in intellectual property (IP) law, he is able to communicate effectively with scientists, managers and IP counsel in technical industries.

Patrick is a very experienced and expert IP litigator, responsible for running some of the highest profile and most significant cases on patent infringement and validity in Australia in recent years. In addition to patents, he advises on and conducts proceedings relating to copyright, registered designs and breach of confidential information. He has extensive experience managing Australian IP disputes that are part of multi-jurisdictional (e.g. US and European) proceedings where global strategies are developed and pursued.

Patrick’s IP practice spans a broad range of industries and technologies including pharmaceuticals, medical devices, optical communications, mineral processing, dental remineralisation, consumer products, LED lighting, automotive, polymers and security printing.

Patrick has conducted proceedings in the Federal Court, Full Federal Court and High Court of Australia. He has particular experience in obtaining and opposing interlocutory injunctions and in appeals from interlocutory decisions.

Patrick also has expertise in the regulatory laws and pricing mechanisms applicable to pharmaceutical products and medical devices.

Patrick has a degree in physics. Prior to becoming a lawyer he worked for GE for a number of years in R&D and product management roles. With the ability to understand the science behind the issues, he has the ability to analyse, synthesise, resolve and communicate commercially driven solutions. He is highly commercial and pragmatic, always looking at litigation as a means to achieve an advantageous business outcome for the client.

Patrick’s recent experience includes acting for:

  • international pharmaceutical companies in patent infringement and revocation proceedings, including two appeals to the High Court of Australia challenging the patentability of methods of medical treatment and on the law of inventive step
  • national retailers in defending proceedings for copyright infringement and breach of confidence.
  • international optical communications company prosecuting patent infringement proceedings
  • international pharmaceutical companies in relation to the patent aspects of international arbitration based in Singapore
  • international medical device companies in Federal Court patent infringement and revocation proceedings
  • the Commonwealth Scientific and Industrial Research Organisation (CSIRO) in litigation concerning wireless networking technology
  • automotive and after-market manufacturers in registered design and patent litigation proceedings in the Federal Court and Full Court, and
  • the University of Melbourne in patent litigation concerning a dental remineralisation compound

 

Background

In 1990, Patrick graduated with a physics degree in the United Kingdom and spent several years working for GE in R&D and product management. He undertook his subsequent legal studies at The College of Law in London and specialist IP studies at Bristol University.

Patrick has specialised in IP litigation and dispute resolution since 1997. Prior to moving to Australia in 2001, he worked in the IP disputes department of a national UK law firm.