Todd Shand
Dispute Resolution, Patents
Agribusiness, Life Sciences & Pharmaceuticals
Principal
Perth
 

The combination of drafting and litigating patents gives me a unique perspective – one that, I believe, makes me a lot better at both.

I’ve been a patent attorney for nearly 20 years. I have extensive experience in drafting, prosecuting and litigating virtually all patent types in the pharmaceutical industry, including new chemical entities, second (and subsequent) therapeutic uses, salts, solvates, polymorphs, synthetic methods, formulations, including formulations limited by reference to physical characteristics, excipients and/or pharmacokinetic parameters, and dose regimes.

I have a detailed and practical understanding of the commercial and technical perspectives on the drug discovery and development process. Patent litigation is heavily reliant on the evidence of expert witnesses, and my particular expertise in the litigation context, is the collection of expert evidence. I have had the good fortune to have collaborated with a great many very experienced, very clever people in order to assist a judge understand what are often complicated scientific issues. That means I have to thoroughly understand it myself. Thoroughly understanding things is something I enjoy immensely.

I’m directly involved in the industry as a non-executive director of Linear Clinical Research, an Australian company that runs clinical trials for a range of clients, from local start-ups to big pharma. My industry knowledge helps me provide practical, commercial intellectual property advice to all of my clients, from start-ups, to government agencies, to big pharma.

In my time at Wrays, we’ve drafted a number of patents that are listed in the USFDA Orange Book against approved pharmaceutical products. At least one of those patents underpins a drug for an orphan indication, and we’ve seen the difference that’s making to patients who had no other options. We have helped a number of companies go from an idea to public listing, creating new jobs and new opportunities in Australia. We have helped defend patents that underpin entire businesses, and asserted those patents to keep competitors out of valuable markets. We’ve protected businesses against allegations of patent infringement that had the potential to shut those businesses down. The rights we help to create and defend at Wrays mean something and that’s why I like working at Wrays.