Duncan Curley

Partner

Dr Duncan Curley is a partner in the IP team. He has over 25 years of experience of advising clients on intellectual property disputes, including patents, trademarks, designs and confidential information.

He has advised clients on claims before the Patents Court, the Intellectual Property Enterprise Court (IPEC), the Court of Appeal and the Supreme Court (previously the House of Lords). Duncan also has experience of international arbitration work involving patents, IP and licensing. His particular expertise is in advising on freedom to operate, market entry strategies and patent litigation for companies operating in the pharmaceutical and agrochemical sectors. Duncan assists companies at all stages of the product development process through to launch, on patent issues relating to manufacturing, formulation advice and product labelling. He advises on the regulatory aspects of clinical drug development, including data and market exclusivities, orphan exclusivities and related exclusivities for paediatric clinical work. Duncan is an expert on supplementary protection certificates (SPCs) for medicinal, veterinary and agrochemical products and on patent entitlement (ownership) issues.

I did a PhD in chemistry and I really enjoy using the knowledge that I acquired at university in my day-to-day work on pharmaceuticals and agrochemicals. I still find my work on managing patent risks and securing market access for companies operating in the life sciences extremely rewarding, even after doing it for over 25 years.

Duncan Curley, Partner

He is ranked for his patent expertise in the IAM 1000, and is the author of over 50 published articles and a regular contributor to public policy debates on IP issues. He co-wrote the chapter on ‘Patents and Data Exclusivity for Medicinal Products’ in OUP’s book, Overlapping Intellectual Property Rights, and has also authored a textbook on the European Patent Licensing Block Exemption Regulation and a report (for the Intellectual Property Institute) on SPCs. Duncan is an associate member of the Chartered Institute of Patent Attorneys (CIPA).

Recent work highlights

Patent litigation

Advising Dr Reddy’s and assisting it with patent litigation for various products in the UK.

Perindopril launch

Acting for Krka d.d. in litigation concerning the launch in the UK of its generic perindopril product.

Patent revocation claim

Acting for Cipla in its successful patent revocation claim in the High Court against Bayer’s rivaroxaban once daily dosing patent.

Patent litigation

Acting for Aspire Pharma Limited in relation to patent litigation on three ocular small molecule pharmaceutical products.

Formulation patent

Acting for Cipla in relation to litigation on a formulation patent for an inhaler product.

Dimethyl fumarate launch strategy

Advising an India-headquartered multinational pharmaceutical company in relation to its pan-European launch strategy for dimethyl fumarate.

MS drug launch strategy

Advising a multinational Cyprus-based pharmaceutical company in relation to the risk-free launch of its generic version of the multiple sclerosis drug fingolimod.

Advising UK-based pharmaceutical company

Advising Celix Pharma Limited, a UK-based pharmaceutical company, on numerous patent-related issues and early launch opportunities for the UK market.

Orphan drug designations

Advising numerous companies on the impact of orphan drug designations in the European Union and the UK.

Patent intelligence

Analysis of the European patent landscape for GLP-1 agonists and evaluating early market access opportunities.

Patent and market entry analysis

Patent and market entry analysis for a multinational pharmaceutical company in relation to JAK inhibitors.

Freedom to operate

Freedom to operate opinions and patent validity analyses for various multinational agrochemical companies.

MS drug launch strategy

Advising a multinational Cyprus-based pharmaceutical company in relation to the risk-free launch of its generic version of the multiple sclerosis drug fingolimod.

Advising UK-based pharmaceutical company

Advising Celix Pharma Limited, a UK-based pharmaceutical company, on numerous patent-related issues and early launch opportunities for the UK market.

Orphan drug designations

Advising numerous companies on the impact of orphan drug designations in the European Union and the UK.

Patent intelligence

Analysis of the European patent landscape for GLP-1 agonists and evaluating early market access opportunities.

Patent and market entry analysis

Patent and market entry analysis for a multinational pharmaceutical company in relation to JAK inhibitors.

Freedom to operate

Freedom to operate opinions and patent validity analyses for various multinational agrochemical companies.