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Shaun McVicar



Shaun is an IP disputes partner and global co-leader of pharmaceuticals.



Shaun is an IP disputes partner and global co-leader of pharmaceuticals. Although a litigator, Shaun’s primary goal is to assist his clients to use intellectual property – whether by way of enforcement or challenge – to obtain strong commercial outcomes and an enhanced competitive position in the markets in which they operate.

He has acted in major cases on patent validity and infringement, with an emphasis on the pharmaceutical industry, trade marks and copyright. He successfully acted in the only two pharmaceutical patent cases to be heard by the High Court of Australia in the last decade. 

Although primarily based in Melbourne, Shaun works with local and international clients and conducts litigation in other jurisdictions.  He has over 25 years experience, including five years based in our Jakarta office, and time in our Singapore office. Shaun helps clients negotiate their way through the Australian aspects of multi-jurisdicational disputes.  He is also skilled at assembling and managing cross-border teams of lawyers to provide his clients with maximum subject matter expertise, coverage and efficiencies. 

Shaun is recognised as one of the leading intellectual property lawyers in Australia and Asia.  His expertise is highlighted by listings in Chambers Global, Asia-Pacific Legal 500, Asialaw Profiles, and Legal Profiles in Australia. He has been listed in each edition of Best Lawyers and IP Stars–Patents and also IP Stars-Trademarks & Copyrights since their inaugural editions. Shaun is a top tier ranked patent litigator in IAM Patent 1000.   

Shaun is the client relationship partner for two of the firm’s global pharmaceutical clients that are headquartered in North America.

A sample of some notable cases in which Shaun has acted include:

  • Gilead in the Australian component of global patent revocation and infringement proceedings concerning Gilead’s international blockbuster HCV drug, Sovaldi™ 
  • Caterpillar Inc., the patentee and a Fortune 50 Company, in patent infringement proceedings relating to track joint assemblies
  • Apotex Inc. in proceedings concerning patent infringement, revocation and copyright infringement. Apotex was unsuccessful before the Federal Court but the High Court later reversed the decision in favour of Apotex 
  • University of Melbourne (the patentee) and its licensee in patent proceedings relating to infringement and validity of a family of patents. After a successful outcome, significant royalties have been generated for the University
  • Apotex Inc. in proceedings relating to the launch of a generic alternative to AstraZeneca’s blockbuster statin Crestor™, then Australia’s second largest selling drug on the PBS. The High Court found in favour of Apotex