Stuart D'Aloisio
Stuart D'Aloisio

Stuart D'Aloisio

Partner

Melbourne

+61 3 9679 3324 | +61 424 844 348
stuart.d'aloisio@ashurstperkins.com

Introduction

Stuart is a seasoned IP litigator and transactional adviser with a strong authority in patent disputes, life sciences and technology sector IP matters.

Stuart D'Aloisio has more than 20 years of experience across all areas of intellectual property law, with a particular focus on intellectual property litigation and transactional work.

Stuart has a broad range of litigation experience including patent, trademark, copyright, registered design and breach of confidence proceedings. Stuart has particular knowledge on advising pharmaceutical and biotechnology companies in relation to patent infringement and validity issues, patent litigation and the regulation of therapeutic goods in Australia. Stuart has acted in long-running patent litigation concerning some of the most valuable blockbuster drugs on Australia's Pharmaceutical Benefits Scheme. Stuart's litigation experience also includes technology sector copyright and patent disputes.

On the transactional side, Stuart advises a range of clients (particularly in the mining, power and utilities, life sciences and technology sectors) in relation to the acquisition, licensing and commercialization of intellectual property rights, as well as R&D collaborations.  

Stuart also has experience advising on plant breeder's rights, genetically modified crops and gene editing technologies.

Stuart's international experience includes several years working in London, Hong Kong and Shanghai.

  • Sandoz | Lead partner | 2025 | Acting in first instance and appellate Federal Court patent infringement and invalidity proceedings against Bayer in relation to an anticoagulant drug, rivaroxaban.  Our client prevailed in a landmark appellate decision that clarified and restated the law of inventive step for pharmaceutical patents in Australia.  
  • Samsung Bioepis | Lead partner | ongoing | Acting in Federal Court preliminary discovery proceedings, followed by first instance Federal Court patent infringement and invalidity proceedings, against Pfizer in relation to Samsung Bioepis' biosimilar drug, BRENZYS (etanercept). The case concerns a cell culture process patent and went to trial in late 2025. Judgment is reserved.  
  • Pharmaceutical company | Lead partner | 2025 | Acting in first instance and appellate Federal Court patent opposition appeal proceedings concerning patents for a trivalent swine vaccine. The Federal Court upheld our client's opposition on the grounds of lack of inventive step, failure to disclose the best method of performing the invention and lack of sufficiency and support.  
  • Biotechnology company | Lead partner | 2025 | Acting in Australian Patent Office and Federal Court patent opposition proceedings against ToolGen Incorporated in relation to a patent for CRISPR/Cas9 gene editing technology. Our client's opposition was successful on a number of grounds. The case was the first Australian judicial consideration of a patent for CRISPR/Cas9 gene editing technology.
  • Logistics systems company | Lead Partner | 2020 | Acting in a series of Australian Patent Office patent oppositions against patents for computer-implemented airport logistics and automation systems. In addition to acting in opposition proceedings we provided strategic freedom-to-operate advice to our client.  
  • Archer Daniels Midland Company and Samyang Corporation | Lead Partner | 2024 | Acting in Federal Court patent opposition appeal proceedings against Tate & Lyle in relation to a patent for an artificial sweetener.
  • Insurance company | Lead Partner | 2026 | Advising on the defense of a claim alleging breach of confidence and copyright infringement in relation to the development of enterprise management software.
  • Australian bank | Lead Partner | ongoing | Advising on managing its trademark portfolio globally and acting as its principal adviser in respect of IP matters. Our work includes trademark prosecution and enforcement action in Australia and overseas, as well as acting for our client in trademark and copyright disputes.
  • 7-Eleven Australia | Lead IP partner | 2023 | Advising its shareholders on the IP (including trademark) aspects of the sale of their Australian fuel and convenience business to 7-Eleven International LLC.
  • Australian university | Lead partner | 2021 | Advising on the commercialization of basic research in collaboration with academic and industry partners, including royalty-sharing arrangements. Our role included drafting IP license agreements between the university and special purpose vehicle companies.

Latest thinking

Carousel: clicking the "Previous" or "Next" button changes the content between the buttons.