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Brian Cordery

Partner – Patent Litigation

Brian goes above and beyond to ensure good outcomes for his clients. His work ethic is second to none.” (Legal 500 2024)

Since qualifying at Bristows in 1996, Brian’s focus has been on intellectual property dispute resolution. From the start of his career, Brian has been instructed by some of the world’s leading healthcare companies to defend and enforce the patents for their most successful products. With almost three decades of dedication to this area, there is hardly an argument or issue that Brian has not encountered. Since 2005, Brian has continuously handled the world-wide co-ordination of projects to manage the defence of patents and related rights for some of the world’s best-selling medicines ensuring that there is correctness, clarity and consistency in all countries. Brian knows that to succeed in such projects a multi-disciplinary team is required and that it is important to think globally but act locally. Brian’s work has involved numerous disease areas including immunology, oncology, endocrinology, neuroscience, dermatology and cardiology.

Some of Brian’s work highlights include:

  • Valsartan – Acting for Novartis in relation to its patents and SPCs for Diovan®/Co-Diovan®, a very successful anti-hypertension medicine. This was a seven year project assisting Novartis with the defence and enforcement of its patents and SPCs/PTEs in over 40 countries. As part of the UK litigation, a reference to the CJEU was made on the scope of SPCs which led to the ruling on C-442/11 which still stands as good law today.
  • Imatinib – Acting for Novartis in relation to its patents and SPCs for Glivec® which revolutionised the treatment of certain types of cancer. Over the course of eight years, Brian led the team at Bristows assist Novartis with the co-ordination of the defence and enforcement of IP rights in over 30 countries with a particular focus on challenges to the paediatric extension to the SPC for imatinib in Europe. The validity and infringement of Novartis’ second medical use patents for use of imatinib to treat GIST was also an important part of this project.
  • Deferasirox – Acting for Novartis in the defence of its patents and SPCs for Exjade®.  This involved UK litigation on challenges to the validity of (i) the paediatric extension granted to Novartis for deferasirox and (ii) a patent to a film-coated tablet for deferasirox as well as co-ordination across Europe including a successful application to the Dutch Court for a pan-European injunction.
  • Fremanezumab – Acting for Teva in the defence of a challenge in the English Court to its patents for Ajovy® – a CGRP antibody used to treat migraine and cluster headache.
  • Fasinumab – Acting for Teva and Regeneron in the English Patents Court in relation to anti-NGF antibodies being trialled for the treatment of osteoarthritis.
  • Fingolimod – Acting for Novartis in relation to its patents for Gilenya® used to treat multiple sclerosis. This included seeking a preliminary injunction from the English Patents Court on a patent application and co-ordination of litigation across Europe.
  • Dimethyl fumarate – Acting for Forward Pharma in litigation and EPO oppositions relating to DMF, the active ingredient in Tecfidera® used to treat multiple sclerosis. Forward concluded a settlement with Biogen in January 2017 which included a one-off payment of $1.25bn to Forward.
  • Travoprost – Acting for Alcon in the defence of a challenge in the English Patents Court and Court of Appeal to its patents for Travatan® used to treat glaucoma.
  • Doggybone DNA – Acting for Touchlight in the defence of an entitlement challenge in the English Patents Court to its patents relating to the in vitro synthesis of DNA.

Brian was named Who’s Who Legal Patent Lawyer of the Year in 2018, 2019 and 2022. Brian is the co–author of an annual review of UK patent cases which is published annually in the CIPA Journal. He also teaches patent law on the Oxford University Diploma on Intellectual Property Law and Practice and is a member of the Exam Board of this Diploma. He is the co-editor of the Kluwer Patent Blog.

Credentials

  • MA Law, University of Oxford
  • Diploma in Intellectual Property Law and Practice, University of Bristol
  • Qualified 1996
  • Partner 2004
  • Admitted in Republic of Ireland 2024
  • UPC Representative 2024

Publications

Patent Review of the Year

Read here

What others say

“Brian is very adept at the strategic aspects of patent litigation and is able to drive forward the outcome that the client needs. He has a razor-sharp mind, articulates challenging issues with clarity, and is tenacious and pragmatic in his approach.” IAM Patent 1000 2024
"Brian is one of the leading IP practitioners in the UK." Chambers and Partners 2024
"Brian Cordery is outstanding. He is phenomenal." Chambers and Partners 2024
"Brian is outstanding and phenomenal in the intellectual property space." Chambers and Partners 2024
“Brian Cordery ’goes above and beyond’ when acting in contentious IP issues, including patent revocation and defence work.” Legal 500 2024
“Brian Cordery goes above and beyond to ensure good outcomes for his clients. His work ethic is second to none.” Legal 500 2024
“Brian enjoys a stellar reputation in the life sciences space.” Who's Who Legal 2023
“Brian Cordery focuses his first-rate practice on patent litigation in the life sciences field. Peers describe him as a ‘sensible and pragmatic’ lawyer.” Who's Who Legal 2023
“Nearing 30 years in practice, Brian Cordery is another authority on life sciences patent litigation, especially in the pharmaceutical sector.” IAM Patent 1000 2023
“Brian Cordery marshals winning arguments on behalf of the world's leading pharmaceutical and life sciences corporations in business-critical and highly complex patent disputes.” Chambers and Partners 2023
“Brian Cordery is regularly called upon to act for leading pharmaceutical companies in a range of patent litigation. He also advises on IP-driven transactions in the life sciences sector.” Chambers and Partners 2023
“His experience spans patent revocation, infringement and matters with parallel proceedings in multiple jurisdictions.” Chambers and Partners 2023
“Year after year Brian Cordery has proven himself to be a great lawyer; clients really love him.” Chambers and Partners 2023
“Brian Cordery is a leading name for life science patent litigation. He is a clever and hard-working solicitor.” Chambers and Partners 2023
“Brian Cordery – Quite simply the leading solicitor in the UK for pharmaceutical litigation.” Legal 500 2023
Brian is a “long-standing leader in IP for both life sciences and technology”. Juve UK 2023
“Brian is a top performer at this market-leading litigation practice”. Juve UK 2023
“An excellent IP counsel, a top-notch presenter and super customer-focused.” Chambers and Partners 2022
“Brian Cordery is an experienced and excellent strategist who thinks holistically.” Chambers and Partners 2022
“Brian Cordery marshals winning arguments on behalf of the world's leading pharmaceutical and life sciences corporations in business-critical and highly complex patent disputes. His experience spans patent revocation, infringement and matters with parallel proceedings in multiple jurisdictions." Chambers and Partners 2022
“Brian Cordery is someone I would pick out when making a recommendation - he is knowledgeable, sensible and commercial.” Chambers and Partners 2022
“A brilliant lawyer and tactician, and always prepared to roll up his sleeves and get stuck in to the detail of the legal work when needed.” Legal 500 2022
“Brian Cordery deserves all of the accolades he gets.” Legal 500 2022
“Brian Cordery and Andrew Bowler are excellent – astute litigators as well as approachable and client-friendly.” Legal 500 2022
Brian Cordery “has been fighting for pharmaceutical originators for more than 20 years and is a master of global litigation strategy.” IAM Patent 1000 2022
Brian is “fantastically clever.” IAM Patent 1000 2022
"Great in pharmaceuticals and biotech.” Juve UK 2022
“Extremely efficient." Juve UK 2022

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