Event Details: AIPPI invites you to join a discussion of the very recent High Court decision in Calidad Pty Ltd v Seiko Epson Corporation by David Shavin QC (who acted for the successful appellant, Calidad) and Philip Kerr of Quinn Emanuel Urquhart & Sullivan (who acted for Seiko Epson).  Our participants will discuss the implications of the majority’s decision that a doctrine of exhaustion, and not a doctrine of implied rights, should apply to patent rights in Australia.  Kate Hay, of Corrs Chambers Westgarth, will chair.

Time and place: 17 December 2020, 6 pm, by videoconference (a Bluejeans link will be sent upon RSVP).

Speakers:

David Shavin QC has been practising at the Victorian Bar, predominantly in IP and Competition Law, since 1978. He took silk in 1993 in Victoria and the following year in NSW and NZ. Throughout the 42 years he has been at the Bar and especially since he took silk, he has been involved in a substantial number of patent and trade mark cases, especially those involving pharmaceuticals and other life sciences and, more recently, in a number of cases concerning computer implemented inventions and questions as to what constitutes a manner of manufacture. His practice has frequently involved him in appellate work including Myriad and Calidad in the High Court in recent years, competition cases, especially in the NZ Supreme Court and Court of Appeal and many cases in the Full Federal Court. In the second half of last year, he was brought in to lead for Calidad, after the Full Court decision was handed down.  Calidad obtained Special Leave and successfully argued the appeal before the High Court.

Philip Kerr is a Senior Patent Counsel in the Sydney office of Quinn Emanuel Urquhart & Sullivan.  He has long been recognised as one of Australia’s leading intellectual property lawyers with an extensive and impressive track record handling patent litigation at Federal and High Court level in cases involving international patent disputes. Prior to joining Quinn Emanuel Urquhart & Sullivan, Philip was a partner of a top tier firm for over 30 years.  He was one of the Law Council of Australia's representatives on the drafting committee that prepared the current Australian Patents Act. He was a foundation member of the Law Council of Australia – Intellectual Property Committee and has remained a member since its creation in the 1980s. Philip acted for Seiko Epson Corporation in the proceedings against Calidad at the original trial, the appeal in the Federal Court and in the High Court appeal.

Kate Hay is an IP litigator and head of Corrs’ IP group,  with over 20 years' experience in IP enforcement and protection, Kate specialises in multi-jurisdictional patent, copyright and trade mark litigation. She advises Australian and international clients across a range of industries including computer technology and software, pharmaceutical, medical devices, mining and heavy machinery. Kate is consistently listed as a Leading Lawyer by legal directories and publications including Chambers and Partners, Best Lawyers, World Trade Mark Review and IAM Patent 1000. Kate was named one of the Top 250 Women in IP globally in 2019 by Managing Intellectual Property's IP Stars.