Duncan Longstaff

Principal
Spruson & Ferguson Lawyers: Litigation
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Overview

Duncan is a Principal in the law team and an expert litigator, having conducted major complex IP litigation for both multinational and listed Australian companies. He has a particular interest and practice focuses on patent disputes, including in the pharmaceutical, biotechnology, medical device, mining/energy and information technology sectors.

As an expert litigator, Duncan conducts major complex IP litigation for multinationals and listed Australian companies in the Federal Court of Australia and High Court of Australia, as well as smaller commercial, administrative (Patent Office, Trade Marks Office, Australian Administrative Tribunal, Copyright Tribunal) and other disputes. He has been involved in pre-litigation and strategic planning, pursuing and defending urgent interlocutory injunction applications, lengthy trials, appeals and mediations.


Duncan has played a significant role in several major Australian patent cases throughout his career. He has provided extensive pre-litigation advice to numerous patentees/applicants and potential opponents/defendants, particularly in the pharmaceutical and broader therapeutic goods sectors. His scientific qualifications (cell and molecular biology) enable him to quickly grapple with technical subject matter and work effectively with clients and expert witnesses.


Duncan has also acted in numerous commercial, contentious and advisory matters relating to copyright, confidential information, trade marks, trade practices, privacy and competition law. He regularly collaborates with patent and trade mark attorneys in drafting and prosecuting patent and trade mark applications and devising IP strategies.

He was identified by Legal 500 as a “Next Generation Lawyer” in 2017 and a “Rising Star” by Managing Intellectual Property in 2018.

Duncan is a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ), American Intellectual Property Law Association (AIPLA), and International Trademark Association (INTA).


Duncan Longstaff's Insights
Crowdsourcing: How is intellectual property important?
Crowdsourcing can currently be defined as “the practice of obtaining needed services, ideas, or content by soliciting contributions from a large group of people and especially from the online...
Crowdsourcing can currently be defined as “the practice of obtaining needed services, ideas, or content by soliciting contributions from...
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TGA proposes far-reaching changes to support the repurposing of prescription medicines
The Therapeutic Goods Administration (TGA) has commenced a timely public consultation into the repurposing of prescription medicines, which seeks to better understand the incentives and potential hurdles influencing sponsors’...
The Therapeutic Goods Administration (TGA) has commenced a timely public consultation into the repurposing of prescription medicines, which seeks...
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Pfizer preliminary discovery attempt on ERELZI fails
In this Federal Court case, Pfizer’s attempt to obtain documentation from Sandoz regarding its ERELZI etanercept product failed, Justice Burley finding that undertakings provided by Sandoz to give notice...
In this Federal Court case, Pfizer’s attempt to obtain documentation from Sandoz regarding its ERELZI etanercept product failed, Justice...
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