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Ric Morgan

Ric Morgan

Special Counsel
BSc (Hons) Grad Dip (Occupational Hygiene) JD
Melbourne | +61 3 9613 8425
Ric.Morgan@allens.com.au


Ric specialises in both contentious and non contentious patent matters. He has undergraduate qualifications in science coupled with legal qualifications. He has extensive practical experience from both an in-house and an external perspective. While much of his patent experience is related to the pharmaceutical sector, Ric is involved in patent disputes relating to a range of other technologies including industrial chemical manufacture, and water filtration systems. Ric is an accomplished facilitator with strong analytical skills.

Ric's experience includes:

  • providing freedom to operate advice in relation to bringing new technologies to market from pharmaceuticals and plasterboard to water treatment and beyond;
  • obtaining interim protective measures to protect the market position of clients during contested infringement and validity challenges;
  • conducting patent litigation involving multiple patents both in defending and asserting infringement allegations and in defending and asserting invalidity allegations;
  • seeking amendments to patents both in the patent office and as part of proceedings in relation to the patents;
  • conducting appeals from patent office decisions about amendment and patentability;
  • advising in relation to the interrelated rights and restrictions associated with competition law and intellectual property rights particularly in relation to the allowable settlement arrangements associated with patent litigation;
  • settling long term patent litigation relating to a portfolio of patents against multiple parties while protecting the commercial interests after settlement using licence and supply arrangements;
  • providing training to the regulatory teams of manufacturers on legal aspects of dealing with the TGA and PBS;
  • conducting contested administrative law claims against the Department of Health;
  • providing strategic advice about distribution and pricing of PBS medicines covering aspects of on going PBS Reform, the Community Pharmacy Agreements and the Medicines Australia Code of Conduct;
  • advising in relation to registration and listing of goods and devices under the Therapeutic Goods Act 1989 (Cth);
  • advising in relation to the regulatory aspects associated with marketing and patient support programs for therapeutic goods include g compliance with industry codes and ethical obligations;
  • advising in relation to privacy and data protection requirements in the health care sector;
  • negotiating and drafting contracts associated with:
    • business development activities including in and out licensing, contract manufacturing and marketing services, product divestment, co-promotion arrangements, distribution and marketing arrangements;
    • supply of goods and services such as logistics, contract manufacturing, and component and packaging supply;
    • pharmaceutical patient support programs;
    • clinical trial, key opinion leader and pharmacovigilance arrangements.
  • dispute resolution and negotiations to address difficulties and conflicts associated with all such contracts, with a particular emphasis on enabling the ongoing relationships generally necessary with the long term partners associated with patent licensing relationships;
  • advising in relation to product recall under both the TGA and ACCC requirements and assisting with minimising product liability risk.

Areas of Expertise

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