Simon Kiddle

With over 30 years of experience in intellectual property law, Simon is a highly respected expert in the field of patent drafting, strategy, and litigation within the life sciences sector. 

His work spans the full spectrum of patent-related matters, from original patent drafting to complex European oppositions and appeals, including multi-party proceedings and due diligence projects. 

Simon has extensive experience in managing and protecting patent portfolios for both large and small molecule therapeutics, with a particular focus on biologics – including antibody, protein and peptide therapeutics. He has been at the forefront of patenting in areas such as precision medicine and life cycle management for therapeutics, having worked on numerous portfolios that cover many of the world’s top-selling biological therapeutics. 

Simon’s deep understanding of cutting-edge technologies, combined with his strategic and commercial approach to patent protection, makes him a trusted advisor to clients across the life sciences industry.

As the head of the firm’s Life Sciences Practice Group, Simon leads a team of over 60 experts who provide comprehensive IP services to clients, from early-stage startups to established global companies. 

His core areas of expertise antibodies and peptide therapeutics, ADCs, protein and enzyme engineering, tools for life sciences research including, next generation sequencing, microfluidics and microarray technology, processes for the production and purification of biological therapeutics, life cycle management and formulation technology, and inventions in the field of the microbiome, green tech and biological nanoparticles.

Many of Simon’s career highlight cases below established new case law and practice at the EPO.

Simon also serves as a key member of the firm’s Management Board, contributing to the firm’s overall strategic direction.

“His work is of a notably high quality, his strategic advice is clear and effective, and his judgement is sound.” - IAM Patent 1000, 2021

Simon “quickly understands the nuances of complex portfolios and provides expert strategic advice” - IAM Patent 1000, 2020

“A cleantech guru, with the ability to craft spotless patents and defend the least promising EPO cases with remarkable success” - IAM Patent 1000, 2019

Simon’s unique combination of legal expertise and technical knowledge in life sciences positions him as a leader in the field, ensuring that his clients receive both robust legal protection and effective strategic guidance in navigating the complex and evolving patent landscape.

Clients

Simon works with large and small biotech companies, universities and research charities. He also advises start-up companies and investors in patent strategy.

Background

Simon has a chemistry degree from Oxford University. He joined Mewburn Ellis LLP in 1991, qualifying as a Chartered Patent Attorney in 1994 and a European Patent Attorney the following year. He joined the partnership in 1997.

Opposition highlights

Simon has represented patent proprietors, opponents and applicants in more than 200 opposition and appeal proceedings.

• G 4/97 (Opposition on behalf of a third party/Genentech) – case that established the landmark legal principle that oppositions at the EPO can be filed anonymously.
• T1390/22 successful defence of a European patent covering the approved therapeutic Maviret®.
• EP0904366, T70/05 (Apoptosis receptors/Genentech), CLBA, 10th Edition, II.D.3.1.8 and 3.1.9, page 467: Intermediate generalisation of prior art amino acid sequences causing loss of priority entitlement.
• EP0768889, T93/03 (Lymphotoxin/Genentech): Medical use of combination therapy not anticipated by in vitro experiments in the prior art.
• T1262/04 (Non-invasive localization/Leland Stanford), CLBA, 10th Edition, I.B.2, 2.1.2 and 2.2.2, pages 41 and 42: Exclusion from patentability under Art. 53(c) for claims to experimental animal models, scope of the exception under Rule 28(d) and credibility of disclosure in prior art documents.
• EP1267875, T1642/06 (Sigma receptor/Spruce), CLBA, I.C.7, page 165: Successfully established the principle that medical use claims based on an undisclosed technical effect identifies a new clinical situation.
• EP1889915, T0879/12 (Apo-2 ligand/Genentech), CLBA, II.F.5, page 631: Successfully established the legal principle that of no double patenting between Swiss form medical use claims and claims in the EPC2000 medical use claims.

Microarray litigation: for Multilyte Limited vs OGT and Affymetrix

• EP0619321, T0384/08 (Method for investigating/Affymetrix: Successfully achieved revocation of key microarray patent for >1000 locations on a chip. Also cited in CLBA on legal point about transferability of oppositions and status of opponents, CLBA, III.O.2.1, IV.C.2, V.A.2, pages 989, 1191 and 1303.
• Coordinated corresponding international litigation across UK, Germany and the United States.
• EP0373203, T0378/02 (Analysis of polynucleotide sequences/OGT), cited in CLBA relating to clarity of relative terms, II.A.3, page 330: Successfully achieved limitation of second early DNA array patent.

DR5/Apo-2R Opposition/Appeals, three interlocking cases on priority between Genentech, Amgen and HGS

• EP 1005488 B, EP 0970213 B: Successfully represented Genentech in T1781/03 and the oppositions in multi-party opposition proceedings with 200+ cited documents, relating to agonist anti-DR5 antibodies in advanced clinical trials.

hGH and aqueous formulations (approved drug, lifecycle, opposition/appeals)

• EP0652766, T1241/03 (Human growth hormone/Genentech): Successfully defended the patent protecting approved Nutropin AQ liquid human growth hormone formulations. Cited in CLBA for the "try and see" approach to inventive step, CLBA, 1D7, page 223.

HIV Vaccines (lifecycle, first AIDS vaccine to get to Phase 3 trial)

• EP0527760, T0219/01 (HIV vaccine/Genentech): Successfully defended at first instance the patent covering first AIDS vaccine to get to Phase 3 trial patent proprietor.

Significant number of protein/enzyme engineering cases (high value, new technical area)

• EP1530637 - T1754/12 and EP0251446 - T1050/99 Representation in many cases in the protein/enzyme engineering field, including Subtilisin variants/Genencor International and Carbonyl hydrolases/Genencor.

Cancer susceptibility genes (lifecycle, personalised medicine)

• EP0858467, T0902/07 (BRCA2/Cancer Research Campaign): Wrote and defended the opposition/appeal proceedings relating to the identification of the BRCA2 gene susceptibility patent, legally relevant for priority entitlement of gene sequences.

Herceptin lifecycle management

• T1592/12 (Herceptin dosage regimen/GENENTECH) - three-week dosing on the approved antibody, HERCEPTIN^{® .}
  
• EP1282443, T2524/12: Defended the patent protecting three-week dosing of Herceptin, challenged by multiple opponents.

• EP2580576, T1748/19
• EP1368460, T1866/10
• EP1016419, T1262/04

Focus on Inclusivity

Simon has personally signed up to the IP Inclusive Senior Leader's Pledge and is committed to a culture of inclusive leadership across the business and partnership, in particular to continuing the diversity of recruitment of graduates having the opportunity to train as patent and trade mark attorneys.