Morag Macdonald is a "big name in IP" according to peers in the market who laud her expertise on patent litigation arising from the biotech sector, with particular ability on pan-European issues.
Morag Macdonald offers clients impressive depth of experience and a solutions-orientated approach to their disputes and cross-border patent work.
Morag Macdonald, joint head of the international intellectual property group, is regularly named as a leader in the IP and particularly the patent field internationally. Her particular interests are all forms of IP disputes and strategic advice, especially in regards to international cross-border IP strategy advice.
Reported UK IP trials in which she has been involved include Mentor v Hollister, Research Corporation’s SPC, Reckitt & Coleman v Richardson Vicks, Cartonneries de Thulin v White Knight, Stolt Comex Seaway ats Coflexip, Freelift v Stannah, Synthon v SKB, Associated Newspapers v Express Newspapers, Sir Robert McAlpine v Alfred McAlpine, Allergan v Merz Pharma, Baxter Healthcare v Abbott Laboratories, European Central Bank v DSS, Edwards Lifesciences v Corevalve and most recently Kuros Biosurgery AG v Baxter Healthcare, Schlumberger Holdings Limited v Electromagnetic Geoservices AS, Danisco A/S v Novozymes A/S, Smith & Nephew Plc v Convatec Technologies Inc, Virgin Atlantic Airways Ltd v Air Canada and Velocys Inc v CompactGTL Ltd.
In recent years she has had particular involvement in the coordination and running of various pan-European patent actions involving several jurisdictions in Europe, not always including the United Kingdom. For example, the patent litigation between Baxter v Pharmacia & Upjohn/Genetics Institute (in the Netherlands, Sweden, Germany and before the ICC), between NovoNordisk v DSM (in the UK, Belgium, the Netherlands and Germany), between GlaxoWellcome ats Hoffmann-La Roche (in Belgium and Germany) and between JCB v Manitou (in the UK and France), for Allergan (in the UK, the Netherlands and Sweden), Halliburton v Smith (in the UK and Italy), Edwards Lifesciences v Cook Biotech (in the UK and Germany) and Fisher & Paykel v ResMed (in the UK, Germany, the US, Australia and New Zealand).
She acted in the first community design right case to come to trial in Europe, Mattel v Simba acting for the successful claimant. She has also been involved in a number of other design rights disputes including acting for Reckitt Benckiser in Procter & Gamble v Reckitt Benckiser.
As well as IP litigation, she has been the lead advocate in major cross-border biotech arbitration, provided freedom to operate advice in the field of carbon capture and advised a financial services company on its patent strategy in over 40 jurisdictions. Morag is highly regarded by both clients and peers, and she is often applauded for her "common sense, goal-orientated and no-nonsense approach".
She joined Bird & Bird’s intellectual property group in 1985 having originally trained as a barrister and became a partner of the firm in 1989. Her original degree, from Cambridge University, was in mathematics, physics and law.