Bird & Bird expands patent partnership in Dublin

Ann Henry is set to join the Bird & Bird team in Ireland, becoming the firm’s second patent-specialist partner in the capital city of Dublin. Henry moves to the international firm from Pinsent Masons, where she has been a partner and its head of office since 2018. Corporate lawyer Brendan O’Brien is also joining the Bird & Bird team in Dublin.

Christian Bartsch, CEO of Bird & Bird, says, “We are thrilled to exceed our growth target after year one and to welcome Ann and Brendan to the team in Ireland. The depth of Ann’s expertise in IP, tech and data litigation alongside Brendan’s experience advising clients on a wide range of corporate matters will ensure that we remain the go-to law firm for our clients on some of the most important and complex issues in the international data litigation, intellectual property, corporate and technology and communications sectors.”

Last hurrah for Teva

Henry qualified as a solicitor in 2001, before becoming a partner at corporate law firm William Fry in 2004. In 2013, she moved to another commercial law firm, Philip Lee, where she stayed as a partner until her move to Pinsent Masons in 2018. As well as patents and IP, Henry has experience in data privacy and regulatory enforcement. Her move to Bird & Bird will see her focus more on data litigation, alongside her patent practice.

However, Henry has extensive experience in life sciences cases, including for Pinsent Masons’ regular client Teva against Bristol-Myers Squibb at the Commercial Court in Dublin. Here, she represents the party in the Irish part of the pan-European dispute over blood-clot prevention drug apixaban. From 4 July, the two parties are set to go head-to-head in Ireland in a four-week-long case, where Henry is involved alongside partner Christopher Sharp.

Although, with the departure of Henry, the Dublin office of Pinsent Masons has no official patent partners, legal director Karen Gallagher will lead the team for the time being. Furthermore, seven of the firm’s London-based partners are also Irish-qualified, with each partner working in Dublin once a month. Christopher Sharp says, “We confirm that Ann will be leaving the firm and will be wishing her all the best. Ireland is a strong market for us, and our pan-European IP team is well established in Dublin, with the UPC at the heart of what we do.”

Ireland commits to referendum

With the arrival of the Unified Patent Court, firms – especially those with a strong UK presence – are looking to shore up their presence in Dublin. While Ireland is not currently a fully ratified member of the court, it has signed the UPCA and announced its intention to participate in the Unitary Patent system.

In June 2022, the country’s government committed to holding a referendum on participation in 2023 or 2024 at the latest. Ireland has not yet signed the UPC Agreement’s Protocol on Provisional Application (PPA), or the Protocol on Privileges and Immunities (PPI). Its signature to both protocols is contingent on a ‘yes’ vote.

In March 2023, corporate IP group Ibec, as well as Ireland’s Association of Patent and Trade Mark Attorneys (APTMA), called on the Irish government to hold the referendum this coming November. This would coincide with a planned constitutional vote on gender equality. However, recent reports and JUVE Patent sources suggest a referendum is more likely in June of 2024.