Rob Burrows

Practice Areas

Rob is joint head of the patent litigation department. With a PhD in molecular genetics and 20+ years of litigation experience, he is particularly active for clients within the life sciences sector.

Many of the patent and SPC cases Rob has managed in recent years have required the coordination of parallel proceedings in the UK, EPO and other jurisdictions within Europe and elsewhere in the world. He therefore has in-depth knowledge of European litigation (including in the UPC) and, alongside appearing for clients in the High Court and Court of Appeal, has attended preliminary injunction and main action proceedings in multiple countries within Europe and overseen inspections of pharmaceutical manufacturing processes in India and Japan. Rob also has first-hand experience of proceedings before the Court of Justice of the European Union.

Rob’s leading cases include:

- Teva v Bayer – Revocation proceedings in the UK, and coordination of parallel proceedings across Europe, in respect of patents for a cancer treatment.

- Teva v Janssen – Defence of SPC revocation proceedings in the UK in respect of Arts 3(c) and 3(d) SPC Regulation and a treatment for schizophrenia.

- Regeneron & Teva v Rinat – Revocation proceedings in the UK (and the EPO) in respect of patents for antibodies for the treatment of osteoarthritis.

- GSK v Vectura – Defence of patent revocation proceedings and Arrow declaratory relief in respect of drug particles for inhalation formulations.

- Sandoz v Searle (Janssen) – Defence of SPC revocation proceedings in respect of Art 3(a) SPC Regulation and a treatment for HIV. Includes a reference from the Court of Appeal to the CJEU.

- Merck Sharp & Dohme v Shionogi – Defence of patent revocation proceedings in respect of Markush claims and a treatment for HIV.

- Generics (UK) v Novartis – Defence of patent and SPC revocation proceedings in the UK, and coordination of parallel proceedings across Europe, in respect of a treatment for Alzheimer’s disease.

- Actavis v Novartis – Defence of patent revocation proceedings in the UK, and coordination of parallel proceedings across Europe, in respect of a formulation patent for a cholesterol-reducing agent.

- AstraZeneca v Krka – Damages enquiry following preliminary injunction and patent infringement proceedings.

- Lundbeck v Lagap – Defence of patent infringement proceedings. Included inspection of pharmaceutical production process in India.

Alongside his patent litigation practice, Rob also advises on other IP rights and is one of a small number of lawyers who have acted in matters concerning plant variety rights – such experience extends to enforcement, contractual disputes and compulsory licensing. In addition, Rob regularly assists clients with freedom to operate opinions and due diligence on the intellectual property aspects of commercial transactions.

Rob is one of the founding editors of Bristows’ Biotech Review publication.

Rob is a member of EPLAW, CIPA and a regular participant at the IPLA.

Career

BSc Biological Sciences, University of Leicester

PhD Molecular Genetics, University of Leicester

Diploma in Intellectual Property Law and Practice, University of Bristol

Qualified 2002

Partner 2011

Admitted in Republic of Ireland (non-practising)