Jennifer Antcliff

Senior Associate

Jenny works within the firm’s Dispute Resolution team. Her patent litigation expertise focusses on biotechnology and pharmaceutical products, including blockbuster small molecule drugs, therapeutic antibodies, enzyme replacement therapies and orphan medicines. Jenny also specialises in complex SPC litigation and associated regulatory advice, many cases involving references to the CJEU or EFTA Court, including C-493/12 Eli Lilly v Human Genome Sciences, E-16/14 Pharmaq v Intervet, C-577/13 Actavis v Boehringer Ingelheim and C-443/17 Abraxis Bioscience.

Jenny joined Carpmaels & Ransford from her role as IP Litigation Counsel at Actavis/Allergan, where she handled high-profile patent cases such as Actavis v ICOS (tadalafil) and the Lyrica® (pregabalin) litigation – the first case before the UK Courts in which infringement of a second medical use patent was put in issue. Drawing on regulatory, portfolio and launch team expertise from across the business, Actavis successfully resisted an interim injunction and any findings of infringement at trial. Both cases have since reached the Supreme Court. Jenny’s in-house role also involved co-ordinating multi-jurisdictional patent litigation, working closely with the business and external advisers to align launch strategies across Europe.

Before moving in-house, Jenny was involved in patent litigation before the UK Patents Court, the Court of Appeal and the Supreme Court, most notably the Eli Lilly v Human Genome Sciences patent and SPC cases. In addition to her contentious practice, Jenny advises life sciences clients on validity and infringement issues, including in the context of biosimilars.

Jenny also has a keen interest in the pharmaceutical regulatory regime, which plays an increasingly significant and complementary role in patent and SPC litigation strategy. This was most recently deployed in-house when advising on skinny labels and second medical use infringement issues. Jenny also advises on discrete regulatory issues, including orphan exclusivity, paediatric extensions, the Bolar-like exemption and the remit of the biosimilar, abridged and hybrid abridged approval mechanisms.

Jenny was named as a Rising Star in IP (Managing IP, 2018) and formed part of the Legal Business TMT Team of the Year for the Eli Lilly v Human Genome Sciences litigation. Jenny trained and qualified at a magic circle firm after obtaining а first class honours degree in biochemistry from Imperial College, London, and а doctorate in molecular and structural biology from the University of Oxford.

Outside of work, Jenny enjoys trekking, travelling and playing the violin.

Jennifer Antcliff demonstrates an “excellent” understanding of the technical issues and the “ability to get into deep detail of both the science and legal points”. She is a “pleasure to work with and collaborative with other external advisers and experts.”

Managing IP 2018

Qualifications

  • BSc Biochemistry (Imperial College London)
  • DPhil (University of Oxford)
  • Diploma in IP Law & Practice (University of Oxford)
  • Solicitor

Key Cases

  • C-443/17 Abraxis Bioscience v Comptroller General of Patents (SPCs – CJEU)
  • Warner – Lambert v Actavis (plausibility/enforcement of therapeutic use claims – Court of Appeal)
  • C-577/13 Actavis v Boehringer Ingelheim (SPCs – CJEU)
  • C-493/12 Eli Lilly v Human Genome Sciences (SPCs – CJEU)
  • Human Genome Sciences v Eli Lilly (mAbs/plausibility – Supreme Court)