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Penny Gilbert

Partner

Penny
Gilbert

Partner

  • +44 (0)20 3040 8020
  • penny.gilbert@powellgilbert.com
  • linkedin.com/in/penny-gilbert
  • People
  • Penny Gilbert

Penny’s strong scientific background has led to her specialisation in advising clients in the life sciences sector. She represents clients before the UK patent courts, Court of Appeal and Supreme Court and has represented clients in referrals to the CJEU and EFTA Court.
 
She has a wealth of experience in co-ordinating multi-jurisdictional patent litigation and has represented clients in European Patent Office opposition and appeal proceedings and in appeals from the UK IPO. Penny also represents clients in patent licence disputes before the UK courts and in arbitration. She is a qualified mediator and a solicitor advocate.
 
Penny also counsels on patent litigation strategy, including pharmaceutical lifecycle management, and is experienced in providing freedom to operate and due diligence advice.
 
She is a frequent lecturer on aspects of IP law affecting the life sciences sector and is a tutor on the Oxford University Diploma in Intellectual Property Law and Practice course, teaching patent litigation.
 
Penny has been a partner at Powell Gilbert since it was founded in 2007.

Key cases

  • Biogen v Gedeon Richter (adalimumab formulations)

  • Biogen v Fresenius (adalimumab formulations)

  • Merck v GSK (pneumococcal vaccines)

  • Royalty Pharma v Boehringer Ingelheim (linagliptin)

  • Royalty Pharma (SPC-sitagliptin)

  • Forty Seven v SSB (therapeutic antibodies)

  • Eli Lilly v Eisai (Alzheimer therapies)

  • Mylan v Sandoz (protein purification)

  • Biogen v AbbVie (adalimumab)

  • GlaxoSmithKline Biologicals v UCB Pharma (vaccines)

  • Icahn School of Medicine at Mount Sinai (SPCs – agalsidase beta)

  • Regeneron v Kymab (antibodies / transgenic mice)

  • Pharmaq v Intervet (SPCs – veterinary vaccine)

  • Eli Lilly v Biogen (monoclonal antibody use)

  • Synageva v CHRF / Shire (orphan drug / enzyme replacement therapy)

  • Eli Lilly v Human Genome Sciences (neutrokine alpha)

  • Eli Lilly v Human Genome Sciences (SPCs – neutrokine alpha)

  • Hospira v Amgen (protein pegylation)

  • Sandoz / ratiopharm v Napp (patents - controlled release oxycodone formulations) 

  • Roche v Chiron (SPCs – trastuzumab and enfuvirtide)

  • Oxford Gene Technology v Affymetrix (DNA microarrays)

  • Pharmacia v Merck (COX 2 inhibitors)

  • Inhale v Quadrant (protein stabilisation)

  • Quadrant v Roser (protein stabilisation)

  • Chiron v Murex & Others (HCV)

  • Chiron v Evans Medical & Others (pertussis antigens)

  • Genentech v Wellcome (tPA)

  • Genentech v Eli Lilly (HGH)



     

Qualifications
  • 1991 Solicitor
  • 2004 Mediator
  • 2005 Solicitor Advocate
Education
  • MA (Biochemistry), Oxford University
  • DPhil (Molecular Biology), Oxford University
  • Diploma in Intellectual Property Law and Practice, Bristol University
Awards and recognition
  • Managing IP EMEA Awards - Practitioner of the Year (2021)
  • Managing IP EMEA Awards - UK Patents (Contentious) Firm of the Year (2021, 2019, 2018)
  • IAM Global Leader (2021)
  • Legal 500 Hall of Fame (2022, 2021, 2020)
  • Managing IP Stars - Top 250 Women in IP (2020/21)
  • LMG European Life Sciences Awards : IP Lawyer of the Year: Biotech (2021, 2020)
  • Who’s Who Legal’s Life Science Patent Litigation Lawyer of the Year (2020, 2011)
  • Women in Business Law Europe, Life Sciences Layer of the year (2022, 2021), Best in Patents Award (2020, 2014, 2012)
  • World IP Review Leaders and WIPR's Influential Women in IP (2019)
  • Who's Who Legal Patents and Life Sciences Global Elite Thought Leader (2022, 2021, 2020, 2019, 2018)
  • LSIPR top 50 Life Sciences leaders (2018)
  • Expert Guides - Patents UK, Best of the Best; Women in Business Law
  • IAM Global IP Awards, UK Patent Law Firm of the Year (2020, 2019)
  • IAM Patent 1000: The World’s Leading Patent Professionals
  • Managing IP's IP Stars - Patent Star
  • Leading Individual JUVE Patent UK
  • World IP Review Leader
  • Leaders League, Innovation - Technology & IP - Leading Partners
  • Who's Who Legal's Patents Lawyer of the Year (2017)
  • Super Lawyers top 100 in London (2015) and top 50 women
  • Top 100 business lawyers in the UK in “Chambers 100” (2013)
  • Recognised in Managing IP's Top 250 Women in IP
  • Legal Business TMT Team of the Year (2012)
  • The Lawyer "Hot 100" (2009, 2008)
Connections and networks
  • Former President of the European Patent Lawyers Association (EPLAW) and member of the Advisory Board.
  • Editorial Board of BioScience Law Review and member of LSIPR, AIPPI, LSLA, IPLA, TIPLO and LES.
  • Tutor on the Oxford University Postgraduate Diploma in Intellectual Property & Practice

‘Penny Gilbert has a wonderful strategic overview and calm hand. She gives considered opinions in any discussion after listening to what everyone has to say.’

Legal 500 2023

…one of the United Kingdom’s best-known patent litigators, having acted in some of the most headline-grabbing cases Europe-wide in recent years, especially in the biotechnology field.

IAM Patent 1000 2022

is a pre-eminent figure in the European life sciences market, where she is recognised as “an exceptionally knowledgeable and eminent lawyer”

WWL 2022

unquestionably a leading litigator in the UK

JUVE 2022

Penny Gilbert has superior legal intelligence and is a great thinker. "With an incomparable biopharma practice… She is the superstar of the team."

Chambers and Partners UK 2022

"an outstanding patent litigator" who regularly advises a wealth of big-name life science companies.

WWL 2022

Penny Gilbert amongst the very best patent litigators, particularly in life sciences.

Legal 500 2022

one of the most accomplished patent litigators in Europe, specialising in pharmaceuticals and biotechnology. She has deep expertise across a magisterial sweep of technologies, not least vaccines, medical devices and antibody drugs

Chambers and Partners 2021

A great litigator - very smart, experienced and calm under pressure." "She is analytical and her strategic advice is spot-on." "A knowledgeable and sophisticated litigator

Chambers and Partners 2021

is celebrated for her magisterial handling of patent infringement and revocation cases for clients spanning emergent biotechnology companies and global pharmaceutical corporations

Chambers and Partners 2021

She has very good strategic instincts and is a very experienced commercial litigator

Chambers and Partners 2021

highly knowledgeable and widely respected – a great, and astute, co-ordinator of litigation

Legal 500 2021

focused and sharp patent strategist and litigator

IAM 1000: The World's Leading Patent Practitioners 2020

a “huge name” in the sector and a leader in the field

Who's Who Legal, Patents 2020

calm, thoughtful and tenacious ... leader in her field and a pleasure to work with

Who's Who Legal, Life Sciences 2020

unquestionably a leading UK litigator in pharma cases, tough, competent, decent person, excellent, she is everywhere, including Europe

JUVE Patent 2020

one of the leading patent litigators in life sciences

Chambers and Partners 2020

one of the most accomplished patent litigators in Europe, specialising in pharmaceuticals and biotechnology... according to a client, "a deep-thinking legal scholar who understands how the judiciary understands the law on pharmaceuticals and how best to change their opinions."

Chambers and Partners 2020

The 'absolutely stand out' Penny Gilbert heads up the practice and focuses on patent litigation in the life sciences sector

Legal 500 2020

a “perfect” life sciences litigator “with great contacts in the pharmaceutical industry”... “the benchmark” for this type of advice in the United Kingdom

IAM Patent 1000: The World’s Leading Patent Professionals 2019

one of the top 10 names in the patents space

Who's Who Legal, Patents 2019

a "standout" in her field, is one of the most celebrated life sciences patent litigators working today. "She's a very good litigator, tactician and scientist who gives sound advice"

Chambers and Partners 2019

She is absolutely great - very sensible and very clever. She really knows patent law and she's just very easy to work with

Chambers and Partners 2019

Penny’s brilliant – it’s impossible to imagine that anyone would disagree with that. She’s a tremendous litigator who always knows what she’s talking about

IAM 1000: The World's Leading Patent Practitioners 2018

"Exceptional lawyer" a "leading name" in the international patent litigation space "an excellent tactician with a strong track record"

Who's Who Legal, Patents 2018

one of the best and most experienced biotech patent litigators in the UK

Who’s Who Legal, Patents 2018

"Superstar patent litigator" Penny gilbert is "very well regarded in the market" and is described as "one of the best pharma patent litigators out there"

Who’s Who Legal, Life Sciences 2018

Penny Gilbert is considered "one of the best and most experienced biotech patent litigators in the UK" by one respondent. Her sterling reputation is founded on her wealth of expertise in multi-jurisdictional patent litigation. She is identified as the top lawyer in Europe by our research.

Who’s Who Legal, Patents 2017

…invariably does a fantastic job for clients

IAM 1000: The World’s Leading Patent Practitioner 2016

Penny Gilbert is a much respected patent litigator with impeccable scientific credentials, who oversees multi-jurisdictional patent disputes for leading companies in the sector. "She is one of the best in the UK without a doubt."

Chambers UK 2016

Penny Gilbert is universally regarded as being one of the finest patent litigators in the country... sources say: "She has a very clear idea of what she's trying to achieve and how to achieve it," and rate her client management skills as "fantastic."

Chambers UK 2016

Penny Gilbert is an “esteemed” lawyer known for her “unrivalled expertise” in the bio pharmaceutical sector, where she draws on her strong scientific background. Also renowned for her abilities as a patent litigation strategist, she is a “real favourite” among clients.

Who's Who Legal, Patents 2015

Penny Gilbert is universally regarded as being one of the finest patent litigators in the country…sources say “she has a very clear idea of what she’s trying to achieve and how to achieve it”.

Who’s Who Legal, Life Sciences: Patent Litigation 2015

Penny Gilbert, co-founder of the renowned London-based IP boutique Powell Gilbert, is “the best of the best”; she is armed with “unrivalled technical, strategic and intellectual fire power”, according to clients.

Legal Media Group Life Sciences 2015

“The best of the best”, she is armed with “unrivalled technical, strategic and intellectual fire power.”

IAM 1000 2015: The World’s Leading Patent Practitioner 2015

A number of sources cite her "impressive" handling of large, complex cases…

Chambers UK 2015

at the fore of just about every important biotechnology patent case in Europe

IAM 1000: The World's Leading Patent Practitioners 2014

"A legend in her area” and “very good on every metric you can think of.” Penny Gilbert is regarded by the life sciences market as a foremost litigator...described as “technically very strong” and a “very dedicated” practitioner who "never gives up".

Chambers 2014

She provides innovative, learned advice in a clear manner, analysing complicated factual and legal situations.”…“a brilliant lawyer and scientist. She is highly skilled in finding the most defensible way to accomplish clients' goals.” She is recognised as “strategic, dedicated, innovative and relentless".

The Chambers 100 2013

“There is none better than Penny Gilbert at planning, developing and implementing a strategy that will remain effective five years down the road.” She combines a technical background in biotechnology with a polished bedside manner to “make one feel totally comfortable when dealing with the toughest problems.”

IAM 1000: The World's Leading Patent Practitioners 2012

an outstanding patent litigator and is felt by clients to “apply her experience of both the law and technical scientific issues to great effect”. She is an expert in the biotech sector and is viewed as one of the most respected patent litigators in the market.

Chambers 2012

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