LSIPR 50 2017: Marcus Dalton

Name: Marcus Dalton

Position: Vice president, global head, patents, GSK Biologicals

Company: GSK

“Marcus Dalton has done a huge amount historically to bring some consistency to the European Patent Office prosecution of vaccines which is historically the most litigated area,” according to Jason Rutt, patent attorney at law firm Boult Wade Tennant.

Dalton works as the vice president, global head of patents in the biological division at GSK. He has worked at the company since 2001.

Rutt adds that Dalton oversees the Novartis vaccine portfolio and was involved in a High court decision in May last year: Pfizer v GSK.

GSK had asked for a revocation and a declaration of non-infringement of Pfizer’s European patent number 2,343,308.

The patent covers Bexsero (Neisseria meningitidis B), a vaccine product.

Pfizer counterclaimed for infringement.

Mr Justice Henry Carr rejected all challenges of invalidity to the patent and ruled that several claims were infringed.

In 2015, GSK announced that it had received clearance from the European Commission for the company’s proposed three-part transaction with Novartis. It was the culmination of more than a year of negotiations between the two companies.

Part of this transaction included GSK’s  acquisition of Novartis’ vaccine business, including its influenza vaccines. The other two parts of the deal were a healthcare joint venture and  the divestment to Novartis of GSK’s marketed oncology portfolio.