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Kate Hay

Head of Intellectual Property

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A litigator with over 20 years' experience in IP enforcement and protection, Kate specialises in multi-jurisdictional patent, copyright and trade mark litigation. Kate also has expertise in consumer law matters and regularly advises clients on advertising and branding campaigns and disputes.

She advises Australian and international clients across a range of industries including pharmaceutical, medical devices, computer technology and software, mining, heavy machinery, entertainment and media, fashion and consumer goods.

Kate is consistently listed as a Leading Lawyer by legal directories and publications including Chambers and Partners, Best Lawyers, World Trade Mark Review and IAM Patent 1000. She is also a Vincent Fairfax fellow.

She is an Australian committee member at the International Association for the Protection of Intellectual Property (AIPPI) and a member at the Intellectual Property Society of Australia and New Zealand.

Key deals

Escitalopram litigation

Acting for Lundbeck in the Escitalopram patent litigation. Kate leads the damages limb of the case.

Video game-based media

Acted in a successful copyright and Australian Consumer Law case brought against an online retailer. The case raised key issues about copyright infringement and misleading and deceptive conduct in the online environment, as well as the state of Australian law on parody and satire.

Cattle genome patent litigation

Acting for Cargill Inc. in relation to litigation about the patentability of methods for selecting, breeding and cloning cattle using genetic information.

Mobile policing apps

Acting in patent litigation arising from patents directed to mobile policing technology.

Digital Real Estate

Acting for REA in a trade mark and consumer law dispute against market competitor Domain.

‘Smartphone’ litigation

Acting for Samsung in multi-jurisdictional patent litigation which involved allegations of infringement and invalidity of 23 patents. The case was heard concurrently by two Federal Court judges in a 16 week trial.

Business method patents

Advising one of Chicago's top digital companies on enforcement of patents over its online invoicing and cloud-based data management systems.

Medical devices – catheters, heart stents and surgical machinery

Acting for leading international manufacturers of medical devices – including extensive experience in freedom to operate advice and litigation strategy.

Digital media

Acting for an Australian entertainment company in relation to copyright disputes arising from unauthorised reproduction of top rating podcasts.