Gabriella Rubagotti

Practice Areas: Administrative Law, Appellate, Banking, Commercial and Business Law, Constitutional, Defamation, Equity, Intellectual Property, Media and Communications
P: 02 9930 7965
Clerk: Alistair Coyne

Gabriella practises in intellectual property, media, competition and consumer, contract and privacy law (the latter including data breaches) and breach of confidence.

Gabriella has 20 years’ experience in patent litigation. As counsel, Gabriella has acted in matters including Encompass Corporation v InfoTrack (FCAFC; validity; manner of manufacture), Brien Holden Vision Institute Ltd v Nthalmic Holdings Pty Ltd & Ors (FCA; optical physics patent infringement), DSI Australia (Holdings) Pty Ltd v Garford Pty Ltd (FCA; apparatus & method patent; unjustified threats), Beadcrete Pty Ltd v Fei Yu trading as Jewels 4 Pools (No 3) FCA (validity) and Ashton Manufacturing v Express Sign Labs (FCA; innovation patent). This builds on her considerable patent experience obtained whilst a solicitor in cases such as Arbitron Inc v Telecontrol & Anor (FCA; electrical engineering patent infringement); Lockwood Security Products Pty Ltd v Doric Products Pty Ltd (No 2) (HCA; mechanical patent infringement); Arrow Pharmaceuticals Pty Ltd v Roche Therapeutics Inc & Anor; Roche Therapeutics, Inc v GenRx Pty Ltd (FCA; pharmaceutical patent infringement; market valuation); Pfizer Corp v Commissioner of Patents (No 1) and (No 2) (FCA; extension of patent term; pharmaceutical patent) Arrow Pharmaceuticals Limited v Merck & Co., Inc; Merck & Co Inc v Arrow Pharmaceuticals Limited (FCAFC; FCA; pharmaceutical patent revocation; ever-greening and legal professional privilege), Novartis AG v FH Faulding Co Ltd (FCAFC; FCA; pharmaceutical patent infringement; civil procedure – separate question); Somnomed Ltd v Commissioner of Patents (FCA; pharmaceutical patent; judicial review).

Gabriella has appeared in a number of the most noteworthy cases in her areas of expertise, including most recently Pty Ltd v Hardingham [2022] HCA 39; 296 ALJR 40; 406 ALR 678; 170 IPR 1 (copyright & contract) and Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8; 97 ALJR 388; 408 ALR; 171 IPR 120 (trade marks & consumer law). She also has considerable experience as Counsel Assisting a commission of inquiry concerning, among other matters, pharmacology, human physiology, neuroscience and big data.

Gabriella is recognised in Doyle’s Guide as a leading intellectual property junior counsel in NSW and Australia, in Australia’s Best lawyers for Intellectual Property and Defamation & Media, in the Legal 500 Asia & Pacific for TMT & IP, and the World Trademark Review.

Gabriella is fluent in Italian. She has acted in cases involving Italian entities, and in that connexion, has drafted affidavits, translated commercial documents, and communicated with clients and witnesses in Italian. She has a particular interest in and knowledge of Italian geographical indications.

Gabriella holds a Bachelor of Laws and a Bachelor of Arts (Hons) degree from the University of New South Wales.

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