Nicola Dagg

Prior to joining Kirkland, Nicola represented the following clients:

• Pfizer (Warner-Lambert): lead Counsel in celebrated UK case (High Court, Court of Appeal and Supreme Court) against more than 10 generic defendants enforcing a second medical use patent covering Lyrica®, the blockbuster treatment for pain. Labelled the “IP case of the year” by IPKat. Obtained leave to appeal (extremely rare in patent cases) to Supreme Court on the most difficult issues in English patent law namely plausibility and infringement of second medical use patents. Supreme Court decision pending.
• Huawei: lead Counsel in SEP and FRAND patent litigation against the non-practicing entity, Conversant relating to a portfolio of 2G, 3G and 4G patents. This is an industry test case on whether the English Court has jurisdiction to determine global FRAND.
• Regeneron: lead UK (High Court and Court of Appeal) and European Counsel in patent litigation against Kymab enforcing patents covering VelocImmune® a reverse chimeric mouse antibody discovery platform which has allowed Regeneron to build its market leading pipeline of antibody therapeutics. Reported as the most technically complex patent case to come before the English Court. Patent upheld as valid in Technical Board of Appeal in the EPO overturning EPO opposition decision to revoke the patent. The case was won in the English Court of Appeal and involved the global coordination of parallel/related actions in several jurisdictions.
• Thermofisher/Premaitha: lead UK and European Counsel in defending patent litigation brought by Illumina/Sequenom on patents covering gene sequencing and diagnostics with related antitrust defences and an EU antitrust investigation.
• Novartis: lead UK and global co-ordination Counsel on the preparation of litigation to enforce Novartis’ IPR on its Gilenya® treatment for MS.
• Novartis: lead UK Counsel on the preparation of litigation to enforce Novartis’ IPR on its oncology treatment, Afinitor®.
• Pfizer: lead Counsel on UK patent litigation obtaining a preliminary injunction on the patent for LIPITOR®, the blockbuster statin medicine. Infamous preliminary injunction obtained in one day to protect Pfizer’s UK market in its largest medicine (at that date) from an at risk launch. PI continued pending a favourable global settlement.
• Boehringer Ingelheim: lead UK Counsel on patent litigation on the SPC for SPIRIVA®, the client’s largest product, a treatment for COPD.
• Samsung: lead UK Counsel in patent infringement suit on washing machine drum technology.
• Intel: Represented Intel as interested third party (chip supplier) in celebrated UK case Unwired Planet v Huawei.
• Novartis: lead UK (High Court and Court of Appeal) and European Counsel in patent and SPC litigation against MedImmune (Astra Zeneca) on fundamental antibody/phase display technology. Secured an outright victory for Novartis in High Court and Court of Appeal.
• Blackberry: lead global Counsel in patent litigation against Motorola on LTE/3G patents. Case settled on favourable terms for Blackberry on the eve of trial.
• UBS: lead UK Counsel in copyright infringement case on oil and other financial indices. Case settled on confidential terms.
• UK Counsel for major hedge fund in long running trade secret litigation on high frequency trading algorithms. After inspection of the code and exchange of technical expert reports the case settled.

Partner and Global Head of IP, Allen & Overy LLP

Hogan Lovells, London

• Partner, 1996–2006

Deputy Reporter General, AIPPI International