Home / People / Dr Gareth Morgan
Gareth Morgan

Dr Gareth Morgan

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages English

Gareth has experience in all areas of contentious and non-contentious intellectual property law with a particular focus in the Life Sciences and Healthcare sector, including:

  • counselling on multi-jurisdictional patent litigation and enforcement strategies;
  • contractual disputes and High Court contract litigation;
  • negotiating commercial agreements including licences, technology transfer agreements and collaboration and development agreements;
  • advising on contentious medicinal regulatory matters before the English and European courts, including judicial review proceedings;
  • providing strategic advice on pharmaceutical product exclusivity, product lifecycle management and associated governmental affairs matters; and
  • advising on the interpretation of EU medicines law and EMA/MHRA guidance documentation.

Gareth has acted in many landmark UK IP trials concerning patent entitlement, biotechnology patent validity and infringement, SPCs (including EU Court of Justice references) and the interpretation of IP licences.

In addition, Gareth represents clients in judicial review proceedings concerning medicinal product marketing authorisations. He regularly advises life sciences companies on the judicial review of medicines agency decisions before the EU General Court and Court of Justice in Luxembourg and national Member State courts in the EU. Gareth is English and Irish qualified, and post-Brexit he will operate his regulatory practice from our Polish office.

Gareth has advised pharmaceutical and biotechnology clients on aspects of orphan exclusivity, paediatric exclusivity, Biosimilar applications, centralised procedure applications, CHMP referral procedures, interpretation of the medicines directives and associated guidance. He also provides legal and technical advice concerning CHM appeals, scientific advice meetings and CHMP referrals.

Gareth Morgan is ranked as a leading individual in patent litigation in the UK and also as life sciences regulatory practitioners in the UK.

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"The "extremely experienced" Gareth Morgan is a celebrated patent litigator with a strong track record in pharmaceuticals cases. He also advises on UK and European life sciences and healthcare regulation."

Chambers, 2017

"Gareth Morgan represents pharmaceutical companies in high-value patent litigation. Much of his work concerns the interplay of patent law and healthcare and life sciences regulation."

Chambers, 2016

"Sources are impressed by Gareth Morgan, who is described as 'one of the soundest regulatory lawyers in London' and 'exceptionally bright'."

Chambers

"Gareth Morgan is ‘a hugely impressive lawyer’ noted for his ‘nimble thinking and problem-solving approach’."

Legal 500

"Gareth Morgan defended Focus Pharmaceuticals in litigation against Novartis."

Legal 500, 2016

Relevant experience

  • Teva on patent and medicines regulatory litigation on a combination antiretroviral product.
  • Cargill on its defence of infringement proceedings on a biotechnology plant patent in the English High Court.
  • Sandoz on patent and regulatory litigation in relation to a transdermal opioid patch product.
  • Abbott Laboratories on its defence of patent infringement proceedings on stent design patents.
  • Focus Pharmaceuticals on patent litigation on a transdermal Alzheimer's drug product.
  • Teva on SPC litigation and medicines regulatory litigation on a high-selling oncology product.
  • A multinational pharmaceutical company on building regulatory exclusivity rights on products in development; coordinating obtaining regulatory exclusivity with SPC protection on the products in question.
  • A US-based pharmaceutical company before CHMP at the European Medicines Agency.
  • Sandoz on the defence of patent litigation proceedings on a second medical use patent for a pain killer drug.
  • A multi-national pharmaceutical company in proceedings before the CJEU on medicines regulatory and SPC matters.
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Education

  • 1998 – Diploma in Legal Practice – BPP Law School
  • 1997 – PGDipl – BPP Law School/Nottingham Trent University, Nottingham
  • 1996 – MA DPhil (Oxon) Jesus College Oxford, Oxford
  • 1991 – BA (Biochem) Jesus College Oxford, Oxford
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Memberships

  • UNION-IP (Member of Life Sciences Commission)
  • CIPA (Member of Litigation Commission)
  • BIA (Member of IP Advisory Commission)
  • TOPRA
  • AIPPI
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Feed

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08 July 2020
“WIPO PROOF”: WIPO’s new on­line ser­vice which helps in­nov­at­ors and cre­at­ors...
The World In­tel­lec­tu­al Prop­erty Or­gan­isa­tion (WIPO) re­cently launched its new on­line busi­ness ser­vice, “WIPO PROOF”. The plat­form aims to help in­nov­at­ors and cre­at­ors safe­guard their in­tel­lec­tu­al...
26 June 2020
Court of Ap­peal re­fuses in­junc­tion in Neur­im v Mylan
We re­cently re­por­ted on the High Court judg­ment of Mr Justice Mar­cus Smith in Neur­im Phar­ma­ceut­ic­als (1991) Lim­ited and Flynn Pharma Lim­ited v Gen­er­ics UK Lim­ited (t/a Mylan) [2020] EWHC 1362 (Pat) in...
11 June 2020
Pat­ents Court re­fuses to grant in­ter­im in­junc­tion in phar­ma­ceut­ic­al pat­ents...
In a re­cent Pat­ents Court in­ter­im hear­ing con­cern­ing phar­ma­ceut­ic­al products, Mr Justice Mar­cus Smith re­fused an ap­plic­a­tion for an in­ter­im in­junc­tion. The judg­ment marks an ex­cep­tion to the “rule of...
08 June 2020
Pat­ents Court Con­firms Onus to “Clear the Way” and Factors Giv­ing Rise...
Birss J has handed down an in­ter­im judg­ment in the Pat­ents Court which con­firms the ex­pect­a­tion on gen­er­ic phar­ma­ceut­ic­al com­pan­ies to “clear the way”, in ad­di­tion to factors which give rise to an...
07 April 2020
The is­sue of con­fid­en­ti­al­ity in In­tel­lec­tu­al Prop­erty lit­ig­a­tion
Pre­serving the con­fid­en­ti­al­ity of doc­u­ments in lit­ig­a­tion is of­ten trouble­some, and con­tro­ver­sial. This is es­pe­cially so in IP cases - and par­tic­u­larly those on pat­ents - and in com­pet­i­tion cases. Oth­ers...
03 April 2020
Gen­entech's Ran­ib­i­zu­mab ap­peal fails
The his­tor­ic re­mote video hear­ing last week by the Court of Ap­peal has res­ul­ted in the court’s judg­ment be­ing de­livered the af­ter­noon of 31 March. All the grounds of ap­peal by Gen­entech and its agents...
01 April 2020
His­tor­ic court of ap­peal hear­ing in SPC case
Lord Justice Floyd de­scribed the ap­peal hear­ing on 26 March as - so far as he knew - a first for the Court of Ap­peal. It took place, not in the Roy­al Courts of Justice, but in the homes and of­fices of...
20 March 2020
UPC fal­ters again - a boost for ar­bit­ra­tion
As many of you will know, this morn­ing the Ger­man Con­sti­tu­tion­al Court ruled against the pur­por­ted rat­i­fic­a­tion by Ger­many of the European Agree­ment on a Uni­fied Pat­ent Court. This after the in­dic­a­tion...
12 December 2019
Medi­cines for the Many: what should we be chan­ging?
This is the fi­nal art­icle in our gen­er­al elec­tion series on La­bour’s “Medi­cines for the Many” policy. To view the pre­vi­ous art­icles, click here. The most sig­ni­fic­ant chal­lenge fa­cing La­bour in...
11 December 2019
Medi­cines for the Many: the longer-term im­pact
This is the fourth art­icle in our gen­er­al elec­tion series on La­bour’s “Medi­cines for the Many” policy. To view the pre­vi­ous art­icles, click here. The most rad­ic­al as­pects of La­bour’s medi­cines...
10 December 2019
Medi­cines for the Many: the me­di­um-term im­pact
This is the third art­icle in our gen­er­al elec­tion series on La­bour’s “Medi­cines for the Many” policy. To view the pre­vi­ous art­icles, click here. In Medi­cines for the Many, the La­bour Party re­cog­nises...
02 December 2019
Medi­cines for the Many: the im­me­di­ate im­pact
This is the second art­icle in our gen­er­al elec­tion series on La­bour’s “Medi­cines for the Many” policy. To view the first art­icle, click here. Al­though UK drug prices are, on the whole, cheap­er...