Cameron Marshall focuses exclusively on the biotechnology and pharmaceutical fields, with an extensive European Patent Office (EPO) opposition practice – including many multi-opponent cases – that runs alongside a large prosecution practice. These two fields often overlap, so strategic prosecution and parent and divisional strategies are a regular part of his workload. He is often engaged to advise clients at an early stage in situations where future patent fights with competitors are inevitable.
Mr Marshall spends most of his time acting for blue-chip pharmaceutical companies, such as Novartis, GSK, Merck and Eli Lilly. He has a diverse caseload, addressing a broad range of cases from a variety of European and US clients. As well as advising on patent matters, he was a tutor for several years on the JDD Consultants residential course, preparing candidates for the European Qualifying Examination opposition paper, and was an adviser to the IP monitoring group of the UK government’s Human Genetics Commission.
Mr Marshall has over 20 years’ experience of inter partes proceedings at the EPO, both defending and attacking, and is one of only a handful of attorneys to have represented a patentee in an EPO opposition (and subsequent appeal) involving more than 15 opponents. Much of this work has been in the biotechnology field (including the defence of the groundbreaking ‘Southern’ array patents held by Oxford Gene Technology and two decades’ work on meningococcal vaccines) but his experience in hard-fought EPO oppositions means that he frequently works on defending patents which provide crucial protection and exclusivity for blockbuster pharmaceuticals, including patents on their formulations, salts and dosing regimens. This has been both as lead counsel at the EPO and in a support role for national litigations.
Beyond the United Kingdom and the EPO, Mr Marshall has worked on re-examinations, interferences and arbitrations in the United States, and has coordinated parallel invalidity proceedings involving more than a dozen jurisdictions across six continents. He was also among the first to exploit the commercial value of the European Court of Justice’s decision on supplementary protection certificates in Biogen v SmithKline Beecham.
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