Clare Cunliffe practises in intellectual property and general commercial litigation.
Clare has particular expertise in intellectual property litigation, with extensive experience in patent revocation and infringement proceedings (including pharmaceutical patent injunctions) and patent oppositions, trade mark infringement and revocation proceedings, non-use applications and oppositions, and copyright litigation, as well as litigation concerning the misuse of confidential information in the pharmaceutical context.
Before joining the Bar, Clare was a Senior Associate at Corrs Chambers Westgarth in Melbourne where she practised in intellectual property litigation, focusing on patent litigation, and general commercial litigation. Clare has also worked in the United Kingdom, at boutique intellectual property firm Powell Gilbert, and at Allens. From 2005 to 2018, Clare co-authored the Australian chapter of Kluwer’s Global Patent Litigation. In 2021, she wrote the Australian chapter of a text called Patent Enforcement for Globe Law and Business.
Clare is listed in Doyle's Guide to Leading Victorian Intellectual Property Barristers (2021) as a pre-eminent junior counsel and in Doyle’s Leading Intellectual Property Junior Counsel – Australia (2021) as a pre-eminent junior counsel. https://doylesguide.com/leadin...
She is listed in Chambers Intellectual Property: The Bar (2022) as a Band 1 practitioner. Her review reads:
“Clare Cunliffe operates across the IP spectrum, being particularly well known for her exhaustive knowledge of patent law and deep familiarity with the pharmaceutical sector. Interviewees respect her as a barrister who is "really excellent at marshalling large amounts of complex legal and factual material and presenting that in a convincing way," as well as one who "stands her ground and keeps her clients' interests at heart." Sources further note that she is "very prominent and at the top of many people's lists for briefing."
and in the Legal 500 Asia-Pacific (2022) as a Leading Junior. Her review reads:
“An original legal thinker. Works seamlessly with the solicitor team and with senior counsel. Hard working and very approachable.”
Clare is also recognised in Who's Who Legal - Australia and New Zealand (2022) for her expertise in trade mark law.
Recent Cases Include:
Teva Pharma Australia Pty Ltd v Boehringer Ingelheim Pharma GMBH & Co. KG [2019] FCA 625
Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd (No 2) [2019] FCA 505
State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd [2019] FCA 1464
F. Hoffman-La Roche AG v Sandoz Pty Ltd [2018] FCA 874
H. Lundbeck A/S v Sandoz Pty Ltd [2018] FCA 1797 (21 November 2018)
Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224
Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liquidation) (No 2) [2017] FCA 709
BlueScope Steel Limited v Dongkuk Steel Mill Co., Ltd [2017] FCA 1537
Pokemon Company International, Inc. v Redbubble Ltd [2017] FCA 1541
Product Management Group v Blue Gentian (appeal)
Multigate Medical Devices Pty Ltd v B Braun AG (appeal)
Nice One Sydney’s Pty Ltd v Fantastic Holdings Ltd [2014] ATMO 53
Lisica v Commissioner of Patents [2014] FCA 433
Blue Gentian LLC & Anor v Product Management Group Pty Ltd - Federal Court Proceeding No. VID 317 of 2013
B.Braun Melsungen AG & Anor v Multigate Medical Devices Pty Ltd - Federal Court Proceeding No. VID463 of 2013
Product Management Group Pty Ltd v Blue Gentian LLC - Full Federal Court Proceeding No VID30 of 2015
Multigate Medical Devices Pty Ltd v B, Braun Melsungen AG & AnorFull - Federal Court Proceedings VID 681 of 2014 and VID 691 of 2014
Siemens Water Technologies Corp v GE Betz Pty Ltd - Federal Court Proceedings No 601 of 2010
BLH Engineering and Construction Pty Ltd & Ors v Pro 3 Products Pty Ltd - Federal Court Proceedings VID 294/2012
Deb Worldwide Healthcare, Inc v Gojo Industries Inc. Patent Office [2015] APO 20
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