Erika O'Donnell

I am a senior associate in Bird & Bird's Life Sciences and Healthcare Group, in the Dublin office.

I have a particular focus on IP litigation and regulation. I have experience in representing clients in multi-jurisdictional and complex IP disputes before the Irish Courts. I have been involved in several cases that have had a significant impact on the development of IP law and practice in Ireland, changing the test for the award of preliminary injunctions in Ireland and also in proceedings where a pan-European injunction was awarded by the Irish Court, the first post-Brexit.

As well as my experience in contentious IP matters which concern all aspects of the legal landscape including cross border coordination, in depth analysis and strategy, I also have broad experience in commercial and regulatory matters in the life sciences space. I frequently advise clients on all aspects of product regulatory laws including in relation to bringing products to market and with respect to the regulation of medicinal products and devices in Ireland and the EU.

• Acted for Clonmel Healthcare Limited in the defence of injunctive and Irish Commercial Court patent infringement proceedings issued by a leading healthcare organisation concerning an alleged infringement of an SPC.
• Acted for a multinational pharmaceutical organisation in Commercial Court patent revocation and infringement proceedings with respect to the active ingredient Apixaban.
• I advised an Irish tech company on patent litigation in which it was alleged that the client infringed a technical patent relating to aeronautics.
• I acted for Aviareto, managers of the International Registry of Mobile Assets under the Cape Town Convention, on a High Court action challenging the infringement of its EU trade mark, Closing Room™. I was the Senior Associate on the team that secured a pan-EU injunction, invoking the Irish High Court as an EUTM Court.
• I advised Ypsilon, an integrated IT and payment solutions provider for the travel sector, headquartered in Germany, on defending screen scraping litigation initiated by Ryanair.