Jin Ooi

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

• Successfully representing Astellas and The Regents of the University of California in defeating validity challenges brought by multiple generic companies on patents covering the blockbuster medicine Xtandi® (enzalutamide) for treating prostate cancer: [2024] EWHC 2524 (Pat), with a commentator noting that this is a “rare example of a patent being wholly upheld in a pharmaceutical context”.
• Assisting Xiaomi to successfully obtain interim licence declarations against Panasonic, the appellate judgment described by a commentator as “a landmark decision, one of the most significant SEP-related court rulings ever” and “breaks new ground for the industry and is a spectacular success”: [2024] EWCA Civ 1143.
• Represented Pfizer, Warner-Lambert and Viatris in the “most complex follow-on damages inquiry ever heard before the Patents Court” against the Department of Health, NHS bodies and numerous generic companies arising from cross-undertakings in damages given during the pendency of substantive patent proceedings covering the blockbuster medicine Lyrica® (pregabalin) for treating pain: [2021] EWHC 2182; [2023] EWCA Civ 166; etc. (Named one of the “Top 20 Cases of 2023” by The Lawyer.) Jin also represented Pfizer and Warner-Lambert in the long series of underlying second medical use patent proceedings: [2018] UKSC 56; etc.
• Represented British American Tobacco in a series of UK proceedings against Philip Morris, and coordinating proceedings in Europe and beyond, on patents concerning potentially reduced-risk products including tobacco heating, vaping/e-cigarettes, and modern oral products: [2020] EWHC 1594; [2022] EWHC 1284; [2022] EWCA Civ 1638; [2023] EWHC 854; etc. (Named a 2022 “Europe Cross-border Patent Litigation Team of the Year” at Managing IP’s EMEA Awards).
• Assisting Advanced Bionics in its European patent disputes (including in the UPC) against MED-EL on cochlear implant technologies.
• Advised a global investment firm on patent and life sciences regulatory aspects in respect of medicines for rare diseases and specialty care products.
• Advised CD&R on patent and healthcare regulatory aspects on its potential partnership with Sanofi to acquire a 50% controlling stake in consumer healthcare champion, Opella.
• Represented Regeneron against Kymab on patents covering a transgenic mouse platform for antibody discovery: [2020] UKSC 27.
• Represented a global pharmaceutical company against a generic company on a patent covering an injectable painkilling medicine for short-term pain relief.
• Advised a biopharmaceutical company on patents covering a well-known biologic medicine for treating multiple types of cancer.
• Advised a global healthcare company on SPC protection covering a small molecule medicine for treating leukaemia.
• Advised a global biopharmaceutical company on patents covering a small molecule medicine for treating kidney cancer.
• Advised a biotechnology company on patents covering a well-known biologic medicine for treating eye diseases.
• Advised Adaptive Spectrum and Signal Alignment Inc (ASSIA) on interpretation of a patent licence clause concerning Digital Subscriber Line (DSL) technology.
• Represented Ilford Imaging against Harman Technology in declaratory proceedings concerning a trade mark licence agreement.

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)