Nicola Dagg

Since joining Kirkland, Nicola has been involved in the following matters:

• 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.
• Pfizer (Warner-Lambert): lead Counsel to Pfizer in a follow-on damages inquiry against the Department of Health, the NHS and more than 20 generic companies, related to litigation enforcing a second medical use patent covering Lyrica®, the blockbuster treatment for pain.
• Nicoventures: lead Counsel to British American Tobacco (BAT) group company Nicoventures in patent revocation proceedings against Philip Morris Products recently filed in the English High Court.
• Regeneron: lead Counsel to Regeneron in litigation at the UK Supreme Court relating to Regeneron’s proprietary transgenic mouse platform for the therapeutic human antibody development.
• RAI Strategic Holdings: lead Counsel to RAI Strategic Holdings, part of the RJ Reynolds Group affiliated with British American Tobacco (BAT), in defence of patent revocation proceedings brought by Philip Morris Products in the English High Court.
• Meril: lead Counsel to medical device company Meril in defending multiple sets of infringement proceedings brought by Edwards in relation to technology used in transcatheter heart valve implantation.
• Novartis: lead Counsel to Novartis in successful preliminary injunction proceedings concerning its Afinitor® (everolimus) oncology medicine, to prevent the launch of a generic everolimus product approved for the treatment of hormone receptor positive breast cancer.
• Acting for multinational telecommunications companies in their defences of multiple SEP infringement and global FRAND licensing actions.
• Advising a multinational life sciences company in relation to clearing the path in the UK.
• Advising multiple multinational life sciences companies in relation to regulatory approval in the UK and EU.
• Advising a multinational telecommunications company regarding litigation relating to (non-SEP) mobile telecommunications technology and trade secrets.
• Advising a multinational real estate investment and luxury hospitality brand in protecting the misuse of its trade marks and goodwill.

Prior to joining Kirkland, Nicola represented the following clients:

• 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