Jennifer Antcliff
Senior Associate

Jenny’s 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 is well-placed to understand her client’s commercial objectives and the need for robust, yet practical advice, having joined the Dispute Resolution team from her in-house role as IP Litigation Counsel at Actavis (Allergan). Jenny’s caseload included handling the Lyrica® (pregabalin) litigation – the first case before the UK Courts in which infringement of a second medical use patent was 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.

Jenny’s in-house role also involved co-ordinating multi-jurisdictional patent litigation, again working closely with the business functions 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 has conducted validity and infringement opinion work for life sciences clients, 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 advises on discrete regulatory questions as well, including orphan exclusivity, paediatric extensions, the Bolar-like exemption and the remit of the biosimilar, abridged and hybrid abridged approval mechanisms.

Jenny initially trained and qualified as a solicitor at a Magic Circle firm, before moving to a specialist IP litigation boutique. Jenny was shortlisted as a Rising Star in IP (Europe Women in Business Law) and was part of the Legal Business TMT Team of the Year for the Eli Lilly v Human Genome Sciences litigation, the first patent case to be heard by the Supreme Court.

Jenny has а first class honours degree in biochemistry from Imperial College of Science, Technology and Medicine, 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
  • 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)