Nicola Dagg

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

• Lenovo: lead global Counsel for Lenovo in high value global patent/licensing dispute with InterDigital. Major win for Lenovo on the global FRAND licensing terms. This case was the Court’s second ever determination of a global FRAND licence.
• Pfizer: lead Counsel for Pfizer in strategic patent litigation against Amgen on a patent alleged to cover Pfizer’s antibody Elranatamab, a breakthrough therapy for multiple myeloma.
• Alcon: lead Counsel to Alcon in Europe on a strategic high value patent dispute with J&J on laser eye surgery technology for cataract treatment, including global settlement with J&J.
• Thales: on a global patent licensing dispute relating to e-Sim technology for mobile phones with case management to allow the Court to decide “FRAND first”.
• Pfizer: 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.
• Pfizer and Viatris: 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. Successful overall settlement, for Pfizer and Viatris.
• British American Tobacco in defence of patent revocation proceedings brought by Philip Morris in the English High Court and in numerous other cases in the UK and across the world in a global patent dispute with Philip Morris on reduced risk tobacco technology.
• 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.
• Intel: representing Intel in defending UK patent infringement proceedings brought by R2 in relation to Intel’s market leading chips/processors incorporating FIVR (voltage regulation) technology.
• Acting for multinational telecommunications companies in their defences of multiple SEP infringement and global FRAND licensing actions.
• 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:

• Exxon Mobil in its global patent dispute with Dow on catalyst technology and the production of polyethylene
• 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 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 but later over-turned in the UK Supreme Court and involved the global coordination of parallel/related actions.
• 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.
• UK Counsel for major hedge fund DPFM 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.
• Novartis: lead UK and global coordination Counsel on the preparation of litigation to enforce Novartis’ IPR on its Gilenya® treatment for MS.
• 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 at the time, a treatment for COPD.
• Samsung: lead UK Counsel in patent infringement suit on washing machine drum technology.
• 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.