Home / People / Dr Gareth Morgan
Portrait of Gareth Morgan

Dr Gareth Morgan

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
CMS EU Law Office
Avenue des Nerviens 85
1040 Brussels
Belgium
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, pharmaceutical and 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 an English and Irish qualified solicitor, and registered on the EU List of the Dutch Brussels Bar.  Post-Brexit he will operate his EU regulatory practice from our CMNO (joint venture) Brussels 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.

more less

"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.
more less

Memberships & Roles

  • Honorary Fellow of the Faculty of Pharmaceutical Medicine
  • UNION-IP (Member of Life Sciences Commission)
  • CIPA (Member of Litigation Commission)
  • BIA (Member of IP Advisory Commission)
  • TOPRA
  • AIPPI
more less

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
more less

Feed

Show only
22 February 2021
Up­date on UK Sup­ple­ment­ary Pro­tec­tion Cer­ti­fic­ates post-Brexit
In Decem­ber 2020, the UK In­tel­lec­tu­al Prop­erty Of­fice (“UKIPO”) pub­lished new guid­ance for the op­er­a­tion sup­ple­ment­ary pro­tec­tion cer­ti­fic­ates in the UK fol­low­ing Brexit. The new sup­ple­ment­ary pro­tec­tion...
22 February 2021
Colo­plast v Salts [2021] EWHC 3 (Pat) – is it in­vent­ive if the skilled...
On 21 Janu­ary 2021, Deputy High Court Judge Nich­olas Cad­dick Q.C. handed down judg­ment in pat­ent lit­ig­a­tion pro­ceed­ings between Colo­plast A/S (“Colo­plast”), the Claimant, and Salts Health­care Lim­ited...
29 October 2020
EU Gen­er­al Court cla­ri­fies in­ter­pret­a­tion of “sat­is­fact­ory meth­od” in the...
In the re­cent case of Me­dac Gesell­schaft für klin­is­che Spezi­al­prä­par­ate mbH v European Com­mis­sion, the EU Gen­er­al Court has an­nulled a de­cision of the European Com­mis­sion in which it held that the ap­plic­ant’s...
26 October 2020
MHRA Guid­ance on the Li­cens­ing of Bi­osim­il­ars
In Oc­to­ber 2020, the MHRA re­leased new draft guid­ance on UK bi­osim­il­ar as­sess­ment pro­ced­ures post-Brexit (the “Guid­ance”), which is avail­able here. The dead­line for the con­sulta­tion on this Guid­ance...
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...