Ann Henry

I am a partner based in our Dublin office. I have been ranked as a "Leading Individual" in Dispute Resolution in Ireland for many years. Legal 500 2022 noted that I am recognised particularly for my role in a number of major patent disputes and data breach cases.

In recent years I have successfully led some of the most complex Commercial Court cases in Ireland in both patent litigation (e.g. Apixaban) and data privacy (e.g. Schrems II).

I have practised in both areas for many years. I was a co-founder of the Data Protection and Intellectual Property Committee of the Law Society of Ireland. I was Chair of the committee for 2016 to 2018 which coincided with the introduction of GDPR. I was appointed by the Government to the Data Forum which sat in the Department of An Taoiseach and considered data related issues relevant to Irelands digital economy. I was a member of the steering committee for the successful inaugural Dublin Data Summit held in the National Convention Centre in 2017 with 1000 attendees and an array of international speakers.

I have been involved in a broad spectrum of intellectual property disputes as regards trade marks, breach of copyright as well as patent litigation. The sectors I focus on tend to reflect Ireland's FDI economy: pharmaceutical, technology, retail and financial services.
Whilst practising in field of contentious data privacy often involves me managing regulatory disputes (judicial reviews, statutory appeals and prosecutions) I have also acted for clients in the downstream consequences of data breaches which have included advising on investigations, commercial litigation and on reputation management.

In feedback from clients they value me for my sharp focus on the litigation strategy, my grit and resilience throughout the case and my determination to do all I can to deliver a "win" for them.

• Acting in Irish/US (Eastern District of Texas, Marshall Division) patent infringement action concerning allegedly infringing software technology used to show movies and other encrypted content in movie theaters across the United States; 2022
• Advised international travel company in defending a misuse of trade secrets and breach of duty of confidence claim issued by competitor. Led settlement negotiations for client to conclusion; 2020 - 2021
• Acting for a number of individuals affected by the INM plc security incident, the subject of an investigation by the Office of the Director of Corporate Enforcement, the Data Protection Commission and the Central Bank of Ireland; 2020 - 2023
• Advising fibre optics company on the successful defence of New York/Irish litigation alleging breach of confidential information and intellectual property rights concerning transatlantic fibre optic cable used to transfer data between EU/US; 2016 – 2017
• Lead partner in successfully defending Irish Daily Mail in first ever prosecution brought by National Consumer Agency for deceptive advertising over its high profile Sunday Tribune marketing exercise known in the media as the "wraparound case.

• Ranbaxy Laboratories Ltd & Ors v Warner Lambert Company IEHC and IESC 2009 - Successfully defended Pfizer in these Declaration of non-infringement and invalidity proceedings concerning world's then largest selling drug Lipitor at all stages including the Appeal to the Supreme Court. Case established a number of precedents in patent litigation in Ireland. It held that the Irish Courts apply the principles of purposive construction in claim construction, having approved the principles laid down in UK House of Lords decision in Kirin-Amgen.
• Calor Teoranta v LPGAS Filling Services Limited & Calor Teoranta v LPG Cylinder Filling Ltd. t/a Munster Bottled Gas Distribution IEHC 2014 & Flogas Ireland Ltd Ors v Tru Gas Ltd & Ors 2012 – Won both preliminary injunction cases for Flogas. Both cases concerned trade marks and passing off.
• Aer Rianta v Commissioner for Aviation Regulation IEHC 2003 – My first case! Acted for Commissioner in defending judicial review of the imposition of the first ever airport charges. Case established that Irish courts apply the Wednesbury principles in its approach to reasonableness when reviewing a decision of a tribunal or similar body. Case was the longest running at that time – 38 days in the High Court.