Jin Ooi

Since joining Kirkland, Jin has worked on the following reported cases:

• British American Tobacco to achieve a series of wins as part of global disputes
• Warner-Lambert Company LLC v Generics (UK) Ltd (t/a Mylan) [2018] UKSC 56 (pregabalin; second medical use; plausibility; infringement; Supreme Court)
• Warner-Lambert Company LLC v Dr Reddy’s Laboratories (UK) Ltd [2020] EWHC 628 (Pat) (pregabalin; pre-action conduct; commencing damages inquiry)
• Nicoventures Trading Ltd v Philip Morris Products, SA [2020] EWHC 1594 (Pat) (application for expedited trial)
• Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 (transgenic mouse platform for antibody discovery; insufficiency; Supreme Court)
• Philip Morris Products, SA v RAI Strategic Holdings, Inc [2021] EWHC 537 (Pat) (tobacco heating product; added matter; inventive step; infringement)
• Nicoventures Trading Ltd v Philip Morris Products SA [2021] EWHC 1977 (Pat) (tobacco heating product; inventive step; collocation)
• Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC [2021] EWHC 2182 (Ch) (pregabalin; damages inquiry; preliminary issues trial re counterfactual assumptions)
• Philip Morris Products, SA v Nicoventures Trading Limited [2022] EWHC 47 (Pat) (trial listing application prior to CMC)
• Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC [2022] EWHC 189 (Pat) (pregabalin; damages inquiry; pleading amendments)
• Philip Morris Products, SA v Nicoventures Trading Ltd [2022] EWHC 1284 (Pat) (stay application pending EPO proceedings)
• Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC [2022] EWHC 1856 (Ch) (confidentiality club)
• Philip Morris Products, SA v Nicoventures Trading Ltd [2022] EWCA Civ 1638 (tobacco heating product; inventive step; Court of Appeal)

Prior to joining Kirkland, Jin worked on the following matters:

Patent Litigation

• Represented Pfizer group Warner-Lambert in enforcing its second medical use patent for blockbuster drug Lyrica (pregabalin) as a pain treatment against numerous generic companies in the UK and across Europe (W-L v Actavis; W-L v Sandoz). Heralded as the IP case of the decade in the UK, it was heard in the Supreme Court in 2018 (having previously been before the Court of Appeal twice) on the most difficult issues in English patent law namely plausibility and infringement of second medical use patents.
• Advised another global innovator pharma company in relation to enforcement issues surrounding its second medical use patent for a chemotherapy medication.
• Advised a life sciences company in navigating the patent landscape in the DNA sequencing space and preparing to clear the way for its human genomic sequencing technology.
• Advised a global healthcare company in anticipated court proceedings seeking declarations of non-infringement related to its influenza vaccines.
• Advised a global pharma company on loss of exclusivity and enforcement strategy in relation to its platelet inhibitor drug.
• Acted for Gillette (Procter & Gamble) in patent proceedings related to its Mach3 razor (Gillette v Edgewell)
• Advised a multinational tobacco company on the validity of patents related to next generation vaping products, and freedom to operate issues

Other IP / Pharma Litigation

• Represented the Australian Department of Health in unprecedented litigation claiming compensation arising from increased subsidies paid under the Pharmaceutical Benefits Scheme pursuant to cross-undertakings in damages given by pharma companies in patent proceedings concerning clopidogrel and venlafaxine (Commonwealth v Sanofi; Commonwealth v Wyeth).
• Defended the Department of Health and Therapeutic Goods Administration in merits and judicial reviews concerning pricing decisions and the de-registration and listing cancellation of prescription and complementary medicines from the Australian Register of Therapeutic Goods (Aspen v Minister; Sanofi v Minister; Cat Media v Minister).
• Advised the Department of Health on all aspects of the operation of the Australian Pharmaceutical Benefits Scheme, including on matters concerning pricing and supply, and implications of the Pharmaceutical Benefits Advisory Committee's recommendations.
• Assisted British American Tobacco Australasia on its high profile constitutional challenge against the Australian Tobacco Plain Packaging Act.
• Assisted Allergan in Australian trade mark opposition appeal proceedings on “No-Tox” (Allergan v Di Giacomo).

Trade Secrets Litigation

• Defended a global aerospace and defence company in an ICC arbitration claim on misappropriation of confidential information in breach of a non-disclosure agreement.
• Acted for an airport company in LCIA arbitration involving disclosures of confidential information.
• Defended Biomet in trade secrets litigation concerning bone cements (Heraeus v Biomet).
• Acted for a multinational heavy industries company in anticipated disputes concerning alleged breaches of confidence under a technical assistance and licence agreement, in particular in relation to the licensor's patent rights and non-patented practical technical information.

Antitrust Litigation

• Acted for Samsung SDI in jurisdiction challenges in respect of EU cartel damages claim relating to (i) cathode ray tubes (iiyama v Schott) and (ii) lithium-ion batteries (Microsoft Mobile v Sony). Both matters were nominated in 2017 and 2018 respectively for the "Litigation of the year - Cartel Defence" category in the Global Competition Review awards.
• Acted for the Australian Competition and Consumer Commission in a forklift gas cartel dispute (ACCC v Renegade Gas).

Allen & Overy, London

• Senior Associate (2017–2018)
• Associate (2014–2017)

Corrs Chambers Westgarth, Sydney, Australia

• Associate (2012–2014)
• Law Graduate (2011)