Profile of Ric Morgan

Ric Morgan

Special Counsel, BSc (Hons) Grad Dip (Occupational Hygiene) JD

About Ric Morgan

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.

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