Kate Hay

Partner

Melbourne, Australia

Kate is an accomplished IP litigator experienced in all intellectual property areas including patents, copyright, trademarks, breach of confidence and consumer protection. She has a particular focus on the life sciences and tech sectors and has been at the forefront of many of Australia’s leading IP cases. She is admired for her technical excellence and superb team leadership and client care.

Kate’s approach to IP protection and enforcement is broad and strategic – including portfolio review, risks and prospects advice, litigation strategy and licensing options.

Kate's experience includes:

  • Acting for Danish pharmaceutical company Lundbeck in its long running Escitalopram litigation including numerous proceedings before the Federal Court, High Court and the AAT. The case involved one of the largest patent damages awards in Australia as well as key decisions on patent term extensions and preliminary injunctions in the pharma sector. The recent successful High Court decision also clarified exclusive licensees’ standing and the calculation of pre-judgment interest in relation to patent term extensions.
  • Medical devices – catheters, heart stents, inhalers, defibrillators, surgical machinery and wearable diagnostics. Acted for leading international manufacturers of medical devices and technology including advice on regulatory approval, freedom to operate and litigation strategy.
  • Artificial intelligence, autonomous machinery and robotics – advised on commercialisation and IP protection of platforms integrating AI, sensor technologies and robotics for maintenance of offshore and remote assets. Also advised on patent disputes relating to autonomous drilling machinery, rolling stock, parking sensor technology and mobile policing apps.
  • Apple v Samsung – acting for Samsung in the multi-jurisdictional ‘smartphone’ patent litigation which involved allegations of infringement and invalidity of 23 patents.
  • Zip Co. – acting for international fintech company Zip in high stakes trade mark litigation in the Federal court. 
  • Video game based media – acting in a successful copyright and Australian Consumer Law case brought against an online retailer. The case is one of leading copyright authorisation as well as parody and satire.
  • REA – acting for REA in trade mark and copyright disputes in relation to its digital real estate platform.
  • Australian Aboriginal Flag - acting for Aboriginal man and distinguished artist, Harold Thomas, the owner of the copyright in the Australian Aboriginal Flag, on the deal to assign copyright in the Flag to the Commonwealth.

Memberships

Kate is the Vice President of the Australian committee of the International Association for the Protection of Intellectual Property (AIPPI). She is also a member of the Intellectual Property Committee of the Law Council of Australia and the Intellectual Property Society of Australia and New Zealand. 

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