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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29 Nov 19
Medi­cines for the Many: La­bour’s pledges on medi­cines policy 
With a gen­er­al elec­tion sched­uled for 12 Decem­ber 2019 we will be run­ning a series of posts con­sid­er­ing the rad­ic­al trans­form­a­tions of the pat­ent and health in­nov­a­tion sys­tems en­vis­aged by the re­cently...
08 Oct 19
CJEU re­fuses to shed light on third party SPC po­s­i­tion based on hy­po­thet­ic­al...
In­tro­duc­tion Fol­low­ing re­fer­ral from the High Court of Eng­land and Wales, the Court of Justice of the European Uni­on (the “CJEU”) re­fused to give a pre­lim­in­ary rul­ing on wheth­er a pat­entee can ob­tain...
26 Jul 19
TQ Delta v ZyXEL - Court of Ap­peal can­cels the RAND tri­al as ZyXEL...
Back­ground ZyXEL v TQ Delta [2019] EW­CA Civ 1277 con­cerned the en­force­ment of a num­ber of TQ Delta’s stand­ard-es­sen­tial pat­ents (SEPs), which were sub­ject to an un­der­tak­ing to be li­censed on reas­on­able...
26 Feb 19
Valid­ity of pat­ent con­sidered at pre­lim­in­ary in­junc­tion stage
1. In­tro­duc­tion In a re­cent judg­ment, the High Court con­sidered the valid­ity of a pat­ent at the pre­lim­in­ary in­junc­tion stage, on the basis of a sum­mary judg­ment ap­plic­a­tion brought by Dr Reddy’s Labor­at­or­ies...
24 Apr 18
Shire v EMA: Cla­ri­fic­a­tion on orphan des­ig­na­tion for products with...
On 22 March 2018 the EU Gen­er­al Court handed down its judg­ment in Case T-80/16 Shire Phar­ma­ceut­ic­als Ire­land Ltd v European Medi­cines Agency (EMA). The case centred around wheth­er a new medi­cin­al product...