Kathleen Fox Murphy

Partner, Solicitor
London
kfoxmurphy@eip.com

Biography

Kathleen is highly experienced in multi-jurisdictional patent litigation having acted in some of the most high-profile patent disputes of the last 20 years.

Kathleen’s career in IP includes over 18 years at Taylor Wessing, training there and then joining the patent litigation team on qualification, and three years as head of the London patent litigation team at Browne Jacobson. She is cited as a leading UK patent litigator by the major legal directories. Kathleen is well placed to advise clients on the Unified Patent Court (UPC).

Kathleen has advised clients across a variety of industry sectors, substantially in the telecoms, electronics, IT, pharma/biotech, engineering and chemical industries. This includes multi-jurisdictional litigation co-ordination, interim injunctions, infringement and validity litigation in the High Court, Court of Appeal and Supreme Court.

Her work in the telecoms, IT and electronics sectors has concerned patents for various aspects of mobile phones, including speech coding and advice relating to standard essential patents (SEPs) as well as encrypted email, bank card security, optics and semi-conductors. She also has considerable experience in advising in relation to competition law FRAND issues arising in patent litigation concerning SEPs.

Kathleen has advised biotech/pharma and medical device companies throughout her career, in relation to large and small molecule drugs, including SPC aspects, and regulatory issues affecting pharmaceutical companies, and has particular expertise in respect of interim injunctions.

Kathleen also has significant experience advising in relation to competition law aspects associated with patents affecting pharmaceutical companies, particularly the European Commission’s pharma sector enquiry into patent settlement agreements. This includes advising on responses to requests for information from the European Commission, “dawn raids” and advising on the consequences of the Commission’s findings in the inquiry.

Kathleen has enjoyed particular success in interim injunctions in UK patent disputes, calculation and recovery of damages due to interim injunctions, and costs recovery.

Recent Work
  • Acting for Ericsson as co-counsel with Freshfields in the Unwired Planet v Samsung, Google & Huawei battle, specifically in relation to confidentiality and patent aspects in the competition law trial, arising from Ericsson’s sale of patents to Unwired Planet.
  • Acting for Sandoz in respect of patent infringement and SPC issues arising from their UK launch of a number of products.
  • Ericsson v Apple: Acting for patentee, Ericsson in respect of a number of its standard essential patents (SEPs) relating to speech coding for mobile phones.
  • TCT v Ericsson: Acting for patentee, Ericsson over a number of its SEPs relating to speech coding for mobile phones, and multi-jurisdictional co-ordination.
Education
  • CPE & LPC - College of Law, Guildford (1994 — 1996)
  • BSc Mathematics and Physics - Durham University (1991 — 1994)
Languages Spoken
Career History
  • Partner at EIP (2019 — present)
  • Partner at Browne Jacobson LLP (2016 — 2019)
  • Consultant at Taylor Wessing LLP (2014 — 2016)
  • Senior Counsel at Taylor Wessing LLP (2012 — 2014)
  • Senior Associate at Taylor Wessing LLP (1999 — 2012)
  • Trainee at Taylor Wessing LLP (1997 — 1999)
Specialisms
Awards

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