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Minter Ellison

Wayne McMaster
Partner
An intellectual property practitioner for over 25 years, Wayne specialises in intellectual property, regulatory and technology law, with particular emphasis on life sciences. His practice includes dispute resolution relating to patents and life sciences regulatory matters.
  • +61 3 8608 2598
  • +61 411 866 276

Recognised by clients for having “a really great profile” and “nothing is too much trouble for him” (Chambers Global Guide 2009), Wayne has conducted a number of the leading Australian patent litigation cases over the past 10 years, including the first court cases dealing specifically with patentability of medical methods and business methods. He also drafts and negotiates commercial technology agreements for the pharmaceutical and biotechnology industries, including agreements for universities and institutes. He also advises on regulatory compliance requirements relating to therapeutic goods including the Therapeutic Goods Act and Pharmaceutical Benefits Scheme for drugs.

His practice still includes the traditional patent attorney skills of drafting and prosecution of patent applications in a range of technologies in Australia and New Zealand, as well as managing international IP portfolios of Australian companies. He has been used as a patent / licensing expert in a number of court cases both in Australia and the US.

Wayne is a member of the commercialisation and medical research advisory committee of a life sciences institute. He is also a Board member of a government supported large early stage investment trust of Australian medical institutes.

Career highlights

  • Mylan v Sun Pharma - as plaintiff's counsel in a patent infringement action concerning the lipid lowering drug Lipidil – currently in trial in the Federal Court.
  • Merck v BMS as defendant's counsel in an action commenced by Merck to invalidate a BMS patent concerning a biologic-based treatment of melanoma relevant to Merck's Keytruda biologic– (settled).
  • Hospira/Pfizer v Janssen as appellants' counsel in the Administrative Appeal Tribunal concerning the regulatory consequences of the "A" flagging of biosimilar Inflectra by the PBAC (successful).
  • Watson Pharma & Ascent Pharma (Actavis) v AstraZeneca (Federal Court and High Court) – succeeded in invalidating AstraZeneca’s patents relating to rosuvastatin (Crestor); upheld on appeal; appeal by AZ to High Court dismissed. Successfully resolved subsequent damages claim against AstraZeneca arising from interlocutory injunction.
  • Hospira v Novartis (Federal Court) – patent infringement case commenced by Novartis concerning Novartis' osteoporosis patents for zoledronic
    acid – (settled prior to judgment).
  • Medrad Inc (and Imaxeon) v Alpine Medical (Federal Court) – patent infringement action concerning syringes – (interlocutory injunction granted).
  • Abbott Laboratories v Apotex (Federal Court) – patent infringement action concerning the weight-loss drug Reductil – (interlocutory injunction granted).
  • Sanofi-Aventis v Hospira (Federal Court) – successfully defended patent interlocutory injunction application (contrary to recent trend) – cancer drug docetaxel.
  • ResMed Limited v Anaesthetic Supplies Pty Limited (Full Federal Court & High Court levels) – medical devices (first full case on medical method
    patentability – patent held invalid).
  • Bristol Myers Squibb v F H Faulding & Co Limited (defeated patent interlocutory injunction application,– anti cancer drug TAXOL.
  • Welcome Real-Time v Catuity (Federal Court) – business method patent (first full case on this topic – patent held valid and infringed).

Wayne McMaster has been recognised as a leading individual in:

  • Leading Individual, The International Who's Who of Patent Lawyers: 2015, 2016
  • Leading Individual, The International Who's Who of Life Sciences Lawyers: 2014, 2015, 2016
  • Recommended, Biotechnology – Best Lawyers: 2014 - 2017
  • Recommended, Intellectual Property – Best Lawyers: 2008 - 2017
  • Gold ranking, Patents: Litigation (Australia) – IAM, The World's Leading Patent Practitioners: 2013, 2014
  • Leading Individual, Intellectual Property (Patents) – Chambers Asia Pacific: 2012 - 2016
  • Leading Individual, Intellectual Property (Patents) – Chambers Global: 2009 - 2016
  • Leading 50 IP Asia/Pacific Litigators – Asia IP: 2013
  • Managing IP Experts Guide: 2013
  • Who's Who Legal: 2012, 2013
  • Asia IP (IP: Patent litigation, life sciences): 2013
  • Leading Individual, Patent Litigation – World IP Survey, Managing IP Handbook: 2012
  • Leading Individual, Life Sciences – PLC Which Lawyer? : 2011, 2012 and 2013
  • Intellectual Asset Management Licensing 250 – The World's Leading Patent & Technology Licensing Lawyers: 2010 and 2011)
  • Guide to the World's Leading Patent Law Practitioners: 2010