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Sue Gilchrist

Sue Gilchrist

Head of Intellectual Property, Australia

Sue is a senior IP disputes partner, the former regional managing partner, Asia and Australia, and is an elected member of our global Council.

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Experience

Sue is an IP disputes partner and is recognised as a senior IP lawyer experienced in all intellectual property areas, including patents, designs, copyright, trade marks, passing off and confidential information.

Sue also has extensive experience in consumer law matters, and regularly advises clients on advertising, marketing campaigns and disputes. 

Sue was the lead partner acting for Apple in the Apple v Samsung patent and design litigation relating to tablets and smart phones, and 3G mobile connectivity technology.

Sue is also the lead partner acting for Motorola Solutions Inc in patent and copyright infringement proceedings commenced against a competitor, Hytera, in the Federal Court of Australia, relating to Hytera’s digital mobile radio (DMR) devices, including seeking additional damages on the basis of Hytera’s conduct.

Sue’s practice covers a range of industries including the consumer electronics, life sciences and healthcare, TMT, consumer goods, entertainment, advertising and financial services industries.

Other significant cases in which Sue has been lead partner include:

  • Becton Dickinson v B. Braun in patent litigation relating to medical devices
  • Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd in patent litigation relating to rail technology for the mining industry
  • ACPA Pty Ltd and Anchorage Capital Group, L.L.C. ats Anchorage Capital Partners Pty Ltd regarding trade mark infringement
  • Patent litigation for 3M against Seibu and Tyco
  • Vittoria Coffee v Lavazza in relation to confidential information
  • Tibra Trading Pty Ltd and Others ats Optiver Australia Pty Ltd and Another regarding copyright and confidential information in the context of computer software
  • TAB Limited and Tabcorp Holdings Limited v Sportsbet Pty Limited regarding copyright infringement
  • The Movie Network Channels Pty Limited v Optus Vision Pty Limited regarding a licence agreement
  • Tabcorp Holdings Ltd v Sportingbet Pty Limited regarding misleading advertising
  • First Currency Choice Pte Ltd and Others ats Mainline Corporate Holdings Ltd and Others in patent litigation relating to electronic payment systems

 

Background

Sue is admitted to practise in the Supreme Court of New South Wales, the Federal Court of Australia and the High Court of Australia. Sue has a combined Arts/Law (Honours) degree from The University of Sydney (1985) and a Master of Laws (1992) also from The University of Sydney. Sue joined Herbert Smith Freehills in 1986 and became a partner in 1995.

Memberships

Sue is a member and former Chair of the Intellectual Property Committee of the Law Council of Australia. Sue is a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) and a member of Chief Executive Women. Sue is a board member of Legal Aid NSW. 

Market Recognition

Sue is recognised as a Star Litigator in Australia by Benchmark Litigation 2020. She is one of only six practitioners in Australia to be recognised in the Top 100 Women in Litigation 2020 by Benchmark Litigation Asia-Pacific.

Sue is recognised in the global Top 250 Women in IP and a leading practitioner in Patents and Trade Marks by IP STARS 2020. She is one of only 15 Australian practitioners recognised in the IAM Global Leaders 2021 guide, which identifies and brings together the world’s elite patent practitioners.

Sue has been recognised consistently in the directory rankings as one of the top patent litigators in Australia regularly acting in multi-jurisdictional litigation for Australian and international clients. In recognition of Sue’s market standing as a Leading Individual in IP (Australia) for 13 consecutive years, she was recently inducted into the Legal 500 Asia Pacific Hall of Fame.