AlastairMcCulloch

Partner

London + 44.20.7039.5219

Alastair McCulloch is one of the leading intellectual property litigators in the UK. Best known as a patent litigator, he has handled some of the most important patent litigations in the UK in recent years, acting for world-renowned companies. He also has extensive experience in trade secret disputes and arbitrations in agreements that have a strong IP component. Benefiting from a degree in natural sciences (chemistry, physics, and cell biology), he works in all technical fields, from pharmaceuticals and biotech through to high-technology.

Alastair's patent litigation is frequently multijurisdictional, and he often works closely with his Jones Day colleagues, bringing an integrated approach to UK litigation, EPO (European Patent Office) oppositions, and parallel national litigation. Alastair is experienced in litigating before the English courts (including the Patents Court, the Court of Appeal, and the Intellectual Property Enterprise Court), the EPO, and in arbitration. He has acted in ICC, ad hoc, and UNCITRAL arbitrations on IP-related agreements.

Alastair is recommended in the Legal 500, Chambers, IAM Patent 1000, Expert Guides: Patents, and London Super Lawyers directories. According to clients he is "superb," "technically very able," and "a good tactician" (Legal 500); "displays enormous resourcefulness and imagination in his work" (Chambers); and is "an excellent patent litigator" (IAM250 World's Leading Patent Litigators). He is recognized as a Life Sciences Star in LMG Life Sciences Europe. Alastair is an associate of the Chartered Institute of Patent Attorneys and a member of AIPPI and AIPLA. He lectures frequently on patent and other IP matters.

Experience

  • Celgene defends its leading product Revlimid® against patent revocation actions in UKJones Day acted for Celgene Corporation in multiple cases brought by Accord Healthcare in the UK High Court (patents court) in relation to Celgene's patents concerning its best-selling drug, Revlimid®.
  • Idenix asserts patent infringement against Gilead in UK related to Sovaldi® and Harvoni®Jones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in the Patents Court and Court of Appeal in patent litigation against Gilead in the UK over sofosbuvir, the active ingredient in Sovaldi® and Harvoni®, Gilead's blockbuster drugs for treating Hepatitis C.
  • Idenix defends nucleoside analogue patent in EPO opposition against five opponentsJones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in opposition proceedings before the EPO related to Idenix patent covering nucleoside analogs and prodrugs.
  • Mount Sinai School of Medicine enforces patent on key biotech pharmaceutical productJones Day represented Mount Sinai School of Medicine of New York University in a multinational cross-jurisdictional patent infringement litigation against a global pharmaceutical company.
  • German high-tech company seeks trade secrets counseling after new hireJones Day advises a German high-tech client in a case of alleged misappropriation of trade secrets after hiring a key employee of a competitor.
  • Pharmaceutical manufacturer successfully challenges patent in the U.K.As part of a Europe-wide strategy Jones Day successfully revoked a pharmaceutical patent within 10 months in the United Kingdom.
  • CarnaudMetalbox defends against patent infringement claims over technology for beverage can productionJones Day represented CarnaudMetalbox Engineering Ltd. in an action for patent infringement in the Patents Court of the High Court in relation to high speed die neckers for beverage can production.
  • sanofi-aventis enters into $900 million R&D/equityJones Day advised sanofi-aventis in its $400 million global biotech collaboration arrangement with and equity investment in Regeneron, with up to $475 million of additional research funding.
  • U.S. multinational defends patent infringement proceedings in the U.K.Jones Day defended a U.S. multinational manufacturing company in patent infringement proceedings in the United Kingdom.
  • Medical Device manufacturer obtains strategic advice for multi-jurisdiction patent infringement litigationJones Day advised a specialized U.S. medical device manufacturer on strategic options to enforce its patents in coordinated multi-jurisdiction infringement proceedings.
  • Global diagnostics manufacturer defends market position in patent infringement dispute over test kit for tissue transglutaminaseJones Day represents an international manufacturer of medical laboratory diagnostics in a multi-jurisdiction patent infringement dispute over a test kit for tissue transglutaminase.
  • Medical device manufacturer obtains strategic advice for multi-jurisdiction infringement litigationJones Day provided advice to a specialized U.S. medical device manufacturer on strategic options to enforce its patents in coordinated multi-jurisdiction infringement proceedings.
  • Speaking Engagements

    • October 27, 2016
      Cross-border IP litigation in the US and Europe: Strategic options for validity and infringement, VPP half-day seminar
    • June 29, 2016
      Brexit: UK votes to leave the EU: What happens next?
    • April 19, 2016
      Arbitrating IP Rights - A Legal Representative's Perspective: MARQUES Conference
    • March 25, 2013
      Europe's New Unitary Patent and Unified Patent Court: How the introduction of the Unitary Patent and Unified Patent Court will impact your existing patent portfolio
    • October 11, 2011
      Developing a Patent Litigation Strategy for Europe
    • Januar 27, 2011
      Protecting and Exploiting Your IP Rights in Europed, Transatlantic Seminar
    • May 2009
      Biotech Patenting, C5 Conference
    • April 2009
      Obviousness, Fordham IP Conference
    • November 2008
      Patent Litigation in Europe, CIPO Seminars for TAITRA
    • September 2008
      Pharma Law Europe, ViB Events Seminar
    • June 2008
      Freedom to Operate Opinions, C5 Conference
    • September 2006
      European Patent Enforcement Seminar
    • September 2004
      The Ownership and Control of Intellectual Property Rights, Hawksmere Conference
    • July 2004
      Intellectual Property Litigation, CLT conference
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