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Laura Whiting

Partner

Intellectual property | Life sciences | Patent litigation | Technology |

Laura Whiting’s proactivity, ingenuity and ability to turn a potential tricky litigation into an opportunity is truly impressive. She is extremely knowledgeable about many areas of practice, is a source of wise counsel, and offers thoughtful, as well as practical, strategic advice. She is an extremely capable patent litigator who also can present complicated matters and concepts in a clear and easily understandable way.

IAM Patent 1000, 2023

Profile details

About Laura Whiting

Laura Whiting focuses on contentious intellectual property matters and has a wealth of experience in litigating patent, SPC and trade secret disputes.

Clients come to Laura from across the industry spectrum, from biotech and innovative life sciences, through chemicals to high tech. A solicitor advocate, Laura’s practice embraces complex technical cases, often with a cross-border angle.

She draws on her chemistry background to deftly handle the most scientifically complex cases, especially in the pharmaceutical and biotechnology, chemical and medical devices fields. Laura also advises clients in the technology sector on patent disputes at the interface of competition law and IP, particularly in relation to FRAND obligations and the impact of those obligations on obtaining relief.

Laura has represented clients before all levels of the UK courts and the Court of Justice of the EU, and is frequently involved in significant cases before the European Patent Office and in coordinating UK proceedings with parallel actions in various jurisdictions in Europe, the US and Asia.  Laura also regularly counsels clients on the risks and strengths of their IP portfolios, and in relation to licensing disputes.

Recent work

  • Acting for a leading US tech company in UK FRAND rate-setting litigation brought by Conversant.
  • Defending a leading US tech company in multi-jurisdictional patent litigation relating to mobile video communications.
  • Defending Merck Sharp & Dohme in UK patent litigation concerning IL-23 antibodies and EPO litigation on the validity of epitope claims.
  • Representing the Association of the British Pharmaceutical Industry and European Federation of Pharmaceutical Industries and Associations in interventions (amicus) before the UK Supreme Court, in relation to the tests for patent validity (plausibility) and skinny label infringement: UKSC 2016/0197.
  • Advising and representing automotive supplies company Continental in SEP litigations brought by SEP holders against connected car technology, and contributing to submissions to the European Commission on FRAND aspects.
  • 15 years’ experience defending multiple major smartphone and chipset brands against SEP/NEP multi-patent assertions. Advising on licence & FRAND/competition defences, including the first pleaded UK FRAND defence in the UK.
  • Acting for a leading US tech company in relation to the disclosure of confidential licence agreements in numerous cross-border FRAND actions 
  • Advising Bristol Myers-Squibb in opposition proceedings for the revocation of patents on its blockbuster haematology product before the EPO's Technical Board of Appeal: T 0488/16 and T 0950/13.
  • Advising Merck Sharp & Dohme in SPC proceedings before the UKIPO, High Court and CJEU concerning a combination atherosclerosis product: BL O/117/16; [2016] EWHC 1896 (Pat); C-567/16.

Qualifications

  • Solicitor-Advocate, England & Wales
  • Solicitor, Ireland
  • Diploma in IP Law and Practice, Intellectual Property Law, Bristol University
  • MSci, Chemistry, University College London