David Fixler

Partner. Melbourne.

+61 3 9672 3173 |   |  vCard
David Fixler

David has an outstanding reputation amongst the IP profession and Bar within Australia.

He appreciates the vital importance of having a deep understanding  of his clients’ businesses and developing the best possible legal strategy to serve their commercial objectives.

David has considerable experience advising clients in relation to the full range of IP rights including trade marks, patents, copyright, registered designs as well as rights under the Australian Consumer Law.

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David has an outstanding reputation amongst the IP profession and Bar within Australia.

He appreciates the vital importance of having a deep understanding  of his clients’ businesses and developing the best possible legal strategy to serve their commercial objectives.

David has considerable experience advising clients in relation to the full range of IP rights including trade marks, patents, copyright, registered designs as well as rights under the Australian Consumer Law.

He has been involved in high profile and complex IP disputes, including proceedings before IP Australia, the Federal Court and the High Court. Those disputes span a wide range of sectors and technologies, including pharmaceuticals, water filtration, fast moving consumer goods (including food products) and steel.

David assists clients to develop approaches for protecting and enforcing their own IP rights as well as strategies for identifying and addressing any infringement risk presented by third party IP rights.

David Fixler

David's Expertise

  • Lundbeck Acting for a major pharmaceutical company in numerous proceedings before IP Australia, the Federal Court, High Court and AAT concerning its patent for the anti-depressant LEXAPRO.
  • Teva Pharmaceuticals v AstraZeneca Acting for Teva in Federal Court proceedings to revoke two AstraZeneca patents for a fixed dose combination asthma inhaler.
  • Eli Lilly v Generic Health Acting for Generic Health in defending an interlocutory injunction application by Lilly seeking to prevent the sale of pharmaceutical products.
  • Spotify Advising the digital music service provider on IP matters in preparation for the launch of the music service in Australia. Work included successfully recovering the spotify.com.au domain name.
  • ANZ Acting for ANZ in relation to numerous domain name disputes including disputes concerning the OnePath brand.
  • CSL Advising on the licensing arrangements between CSL and various licensees in relation to patent families and associated confidential information.
  • CUB v Cash’s Federal Court patent and design infringement / validity proceedings relating to beer tap technology. Successfully defended a challenge to the IP rights on the basis of lack of entitlement.

David's Leadership

  • Intellectual Property Society of Australia and New Zealand (IPSANZ) Member
  • International Association for the Protection of Intellectual Property (AIPPI) Member
  • Corrs Chambers Westgarth Israel Focus Group Co-Chair

David's Thinking