Shaun McVicar


Herbert Smith Freehills
101 Collins Street
Melbourne VIC 3000

Tel: +61 3 9288 1587


Shaun is an IP disputes partner and global co-leader of pharmaceuticals. Although a litigator, Shaun’s primary goal is to assist his clients to use intellectual property – whether by way of enforcement or challenge – to obtain strong commercial outcomes and an enhanced competitive position in the markets in which they operate.

He has acted in major cases on patent validity and infringement, with an emphasis on the pharmaceutical industry, trade marks and copyright. He successfully acted in the only two pharmaceutical patent cases to be heard by the High Court of Australia in the last decade.

Although primarily based in Melbourne, Shaun works with local and international clients and conducts litigation in other jurisdictions.  He has over 25 years experience, including five years based in our Jakarta office, and time in our Singapore office. Shaun helps clients negotiate their way through the Australian aspects of multi-jurisdicational disputes.  He is also skilled at assembling and managing cross-border teams of lawyers to provide his clients with maximum subject matter expertise, coverage and efficiencies.

Shaun is recognised as one of the leading intellectual property lawyers in Australia and Asia.  His expertise is highlighted by listings in Chambers GlobalAsia-Pacific Legal 500Asialaw Profiles, and Legal Profiles in Australia. He has been listed in each edition of Best Lawyers and IP Stars–Patents and also IP Stars-Trade Marks & Copyrights since their inaugural editions. Shaun is a top tier ranked patent litigator in IAM Patent 1000.

Shaun is the client relationship partner for two of the firm’s global pharmaceutical clients that are headquartered in North America.

Our intellectual property lawyers help the world’s foremost companies use intellectual property to protect their investment, to secure and maintain competitive advantage and to obtain commercial outcomes. They have acted on some of the most complex disputes and transactions in the market.

Intellectual property is increasingly a differentiator amongst global businesses, and changes in the IP landscape are gathering pace. In competing for growth in mature markets, global players are looking to their brand and innovations to drive revenue.

Whether you are looking to monetise your innovations, protect revenue streams, or structure your intellectual property, our lawyers combine technical expertise and commercial nous to achieve the optimum outcomes for our clients. We help our clients commercialise and protect their innovations across sectors and continents, and are trusted with the most complex “bet the company” disputes and transactions.

We work in partnership with our clients to understand their businesses and where intellectual property adds value. In this way we are ready to provide strategic guidance as you navigate the global IP landscape, to help you avoid costly disputes and achieve favourable commercial outcomes. Where litigation is required, we bring to bear seamless global dispute resolution capability that is highly rated by our clients and in all major directories.

Herbert Smith Freehills is one of the world’s leading professional services businesses, bringing together the best people across our 27 offices, to meet all your legal services needs globally. We can help you realise opportunities while managing risk.

Understanding your requirements, objectives and operating environment is important to us – we listen and take time to do this. You have ready access to our deep global sectoral expertise, as well as our local market understanding, to help you achieve your commercial objectives.

Operating as one global team, we use innovative systems and processes to ensure your work is delivered intelligently, efficiently and reliably. We care about the markets and communities we work within and constantly strive to make them better.

What does it all add up to? When you work with Herbert Smith Freehills, you are partnering with a world-class and diverse team of client focused professionals who can ensure you achieve your best results.

At Herbert Smith Freehills, we aim to be the leading global law firm for the attraction, promotion and retention of women as part of our commitment to inclusion across the spectrum of diversity.


Shaun McVicar is widely considered a “quality lawyer” by market commentators. He is particularly noted for his strength in patent litigation, and offers experience in handling patent validity and infringement for pharmaceutical and medical device companies.
Chambers & Partners