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  • Wayne McMaster

    Partner
    Melbourne
    T: +61 3 9643 4407
    M: +61 411 866 276
 

 Professional Biography

 
  • Wayne McMaster is a partner of the firm in the Melbourne office. An intellectual property practitioner for over 25 years, Wayne is the head of Mallesons’ national IP practice. He specialises in intellectual property, regulatory and technology law, with particular emphasis on life sciences. His practice also includes dispute resolution relating to patents, trade marks and regulatory matters.

    Recognised by clients for having “a really great profile” and “nothing is too much trouble for him” (Chambers Global Guide 2009), Wayne has conducted a number of the leading Australian IP litigation cases over the past 10 years, including the first court cases dealing specifically with patentability of medical methods and business methods. He drafts and negotiates commercial technology agreements for the pharmaceutical and biotechnology industries, including agreements for universities and institutes. He also advises on compliance requirements relating to therapeutic goods.

    His practice includes the traditional patent attorney skills of drafting and prosecution of patent applications in a range of technologies, as well as managing international IP portfolios of Australian companies. He has been used as a patent / licensing expert in a number of court cases both in Australia and the US.

    Wayne is a member of the commercialisation and research advisory committees of a number of institutes.

    Wayne has been recognised as a leading individual in IP: patent litigation by PLC Which Lawyer? 2011; life sciences by PLC Which Lawyer? 2011 Chambers Global Guide 2009 (Patents); Best Lawyers International 2009 (Biotechnology; IP); ALB Intellectual Property 2009 (patents); the Asia IP Patent Survey 2010; Intellectual Asset Management Licensing 250 - The World's Leading Patent & Technology Licensing Lawyers (2010 and 2011); and the Guide to the World's Leading Patent Law Practitioners (2010).

 

 Experience

 
  • 1977: Diploma of Metallurgy, Royal Melbourne Institute of Technology
  • 1978: Registered as a patent attorney
  • 1978 - 1988: Partner, Watermark patent attorneys
  • 1988: Bachelor of Laws, University of Melbourne
  • 1989 - 1995: Partner, Freehills
  • 1995 - 1999: Principal, McMaster & Associates (specialised in IP patent attorney and IP legal work)
  • 1999 - 2003: Partner, Allens Arthur Robinson
  • 2003 - present: Partner, Mallesons Stephen Jaques
 

 Recent Matters

 
  • Medrad Inc (and Imaxeon) v Alpine Medical (Federal Court) - syringes - (interlocutory injunction granted)
  • Abbott Laboratories v Apotex (Federal Court) - drug - (interlocutory injunction granted)
  • ESCO Corporation (and Bradken Resources) v CQMS and PAC Mining (Federal Court) - mining equipment - (patents found valid and infringed)
  • ResMed Limited v Anaesthetic Supplies Pty Limited (Full Federal Court and High Court levels) - medical devices (first full case on medical method patentability - patent held invalid)
  • Bristol Myers Squibb v F H Faulding & Co Limited (interlocutory injunction level, defeated application) - anti cancer drug TAXOL
  • Welcome Real-Time v Catuity (Federal Court) - business method patent (first full case on this topic - patent held valid and infringed)
 

 Professional Memberships

 
  • Fellow, Institute of Patent & Trade Mark Attorneys of Australia
  • American Intellectual Property Lawyers Association
  • International Association for the Protection of Intellectual Property (AIPPI)