Herbert Smith Freehills (Melbourne)

Patrick Sands

Herbert Smith Freehills (Melbourne)
Lawyer (Partner)

Patrick offers a unique combination of experience and skills. With his science degree and previous roles in industry, his ability to understand a diverse range of technologies and more than 20 years practising in intellectual property (IP) law, he is able to communicate effectively with scientists, managers and IP counsel in technical industries. Patrick is a very experienced and expert IP litigator, responsible for running some of the highest profile and most significant cases on patent infringement and validity in Australia in recent years. In addition to patents, he advises on and conducts proceedings relating to copyright, registered designs and breach of confidential information. He has extensive experience managing Australian IP disputes that are part of multi-jurisdictional (e.g. US and European) proceedings where global strategies are developed and pursued. Patrick’s IP practice spans a broad range of industries and technologies including pharmaceuticals, medical devices, optical communications, mineral processing, dental remineralisation, consumer products, LED lighting, automotive, polymers and security printing. Patrick has conducted proceedings in the Federal Court, Full Federal Court and High Court of Australia. He has particular experience in obtaining and opposing interlocutory injunctions and in appeals from interlocutory decisions. Patrick also has expertise in the regulatory laws and pricing mechanisms applicable to pharmaceutical products and medical devices. Patrick has a degree in physics. Prior to becoming a lawyer he worked for GE for a number of years in R&D and product management roles. With the ability to understand the science behind the issues, he has the ability to analyse, synthesise, resolve and communicate commercially driven solutions. He is highly commercial and pragmatic, always looking at litigation as a means to achieve an advantageous business outcome for the client.

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Herbert Smith Freehills (Melbourne)
Herbert Smith Freehills (Sydney)


40 Bulletin

Patrick Sands, Sarah Benbow, Patrick Gay The Australian Federal Court dismisses an appeal by the Competition Authority against a judgement establishing market power in the pharmaceutical sector (Pfizer)


The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited (...)

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