Duncan Longstaff

Principal
Spruson & Ferguson Lawyers | Litigation
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Overview

Duncan is a specialist intellectual property lawyer. He has extensive IP litigation expertise with 18 years’ experience.

Duncan’s practice focuses on patent disputes, including in the mining/energy, pharmaceutical, biotechnology, medical device, information technology, financial services, and consumer goods sectors.

He is an expert litigator, conducting major complex IP litigation in the Federal Court of Australia and High Court of Australia. Significant cases in which Duncan has played a leading role include patent litigation for Dyno Nobel (explosives), Otsuka and Lundbeck (pharmaceuticals), Zoetis (animal health), Ecolab/Nalco (industrial chemicals), InfoTrack (ICT) and Fuchs (industrial lubricants), as well as other intellectual property disputes for many other major Australian and foreign clients.

Duncan has developed a significant practice in conducting oppositions in the Australian Patent Office, including for client such as James Hardie (building products), Zoetis (animal health), Johnson & Johnson (pharmaceuticals), Dyno Nobel (explosives), Manildra Milling Corporation (food technology) and EMD Millipore (membrane products).

Duncan is a member of the Law Council of Australia’s Intellectual Property Committee and of the South Australian Committee of the Energy & Resources Law Association. He is a member of the Intellectual Property Society of Australia and New Zealand and regularly attends conferences and events of other leading IP societies including the International Trade Mark Association, the American Intellectual Property Law Association, the International Association for the Protection of Intellectual Property, the International Bar Association and BIO.

Duncan has been consistently ranked in notable legal publications such as Chambers & Partners, Best Lawyers, Legal 500 and IAM Patent 1000.


Duncan Longstaff's Insights
Australia | Patents: the evolving law of Support and Sufficiency 
For more than a decade, and for at least another decade to come, Australia’s patent law has openly applied a double-standard with respect to written description requirements, namely the...
For more than a decade, and for at least another decade to come, Australia’s patent law has openly applied...
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Use of prophetic examples in patent specifications
Prophetic examples, sometimes referred to as “paper”, “speculative”, “fictitious” or “hypothetical” examples, are examples that are sometimes included into a patent specification that describe experiments that have not yet...
Prophetic examples, sometimes referred to as “paper”, “speculative”, “fictitious” or “hypothetical” examples, are examples that are sometimes included into...
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Legal 500 Country Guide | Patent litigation in Australia
Spruson & Ferguson Lawyers has again provided expert content for the 2025 edition of the Legal 500 Country Guide to patent litigation laws and regulation in Australia. These useful guides...
Spruson & Ferguson Lawyers has again provided expert content for the 2025 edition of the Legal 500 Country Guide...
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