Vanessa Farago-Diener
Special CounselBiography
Vanessa is a special counsel in Gilbert + Tobin’s Tech + IP group specialising in Intellectual Property.
Vanessa specialises in intellectual property law, with a focus on patent and trade secret litigation in the technology, pharmaceutical, life sciences, resources and energy sectors. She advises clients on the enforcement of intellectual property rights and defending allegations of infringement, as well as on commercial issues relating to intellectual property.
Vanessa is a member of the Intellectual Property Society of Australia and New Zealand and the International Association for the Protection of Intellectual Property (AIPPI). She has a Bachelor of BiomedSc, specialising in molecular biology, and a JD in law, both from the University of Technology Sydney.
Experience
- Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (PATENTS): Successful High Court appeal overturning findings of infringement, affirming right of repair and modification of patented articles and overturned 112 years of law by recognising the doctrine of exhaustion.
- SNF v BASF (PATENTS): BASF (Ciba) against SNF in Federal Court and Australian Patent Office proceedings concerning mining technology. BASF succeeded at every stage of this dispute against SNF including at first instance in the Federal Court, on appeal to the Full Court and in resisting special leave to the High Court. This case involved a complex portfolio of patents and had a multi-jurisdictional reach requiring collaboration with legal advisors and stakeholders in Canada, Germany, the UK, the US and China.
- Encompass Corporation & Anor v InfoTrack (NSD734/2018) (PATENTS): Acted for the patentee and licensee of online search technology in patent infringement proceedings against a competitor. Involved the consideration of whether computer software can meet the threshold for "manner of manufacture". The appeal attracted a rare 5 member judicial bench to determine the eligibility of software under Australian patent law.
- NSW Health on multiple ICT disputes relating to implementations of large scale IT systems across the health network (including hospitals).
- SAI Global, and cases for other clients, against former employees on matters including breach of confidential information, copyright infringement and breach of contract.
Awards and Recognition
Rising Star