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Adrian Speck QC

 


Year of call: 1993
Year of silk: 2012

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Adrian Speck QC is a Scholar of King's College Cambridge where he took a first class degree in Physics and Theoretical Physics. He obtained a Distinction in the Common Professional Examination before being called to the Bar in 1993 with the Wilfred Parker Prize.

Practice:
Adrian's practice covers all aspects of Intellectual Property, Media and Entertainment and Information Technology law. His clients vary from large biotechnology and pharmaceutical corporations, telecoms manufacturers, substantial brand owners, broadcasters, publishers, television production companies and record companies to small businesses and private authors inventors and composers. He is co-author of The Modern Law of Copyright and Designs.

Adrian has acted in several of the leading cases concerning liability relating to the Internet. Most recently, he represented Cartier and other luxury brand owners in their claim against the ISPs for an injunction to block websites engaged in counterfeiting. He also represented the Motion Picture Association in their claim against the Newzbin website and again in their application to secure an injunction under s. 97A against BT to block that website.

Adrian regularly advises and appears in pharmaceutical and medical cases. Recent cases include Warner Lambert v. Generics and Actavis (pregabalin; second medical use claims) and Actavis v. ICOS & Lilly (tadalafil). Clients have included Accord, Actavis, Actelion, Baxter, Carefusion, Hexel, Hospira, Intas, Mylan and Teva. Adrian also acted for Medeva in the first case concerning genetic engineering to reach the House of Lords, Biogen v. Medeva. He has also acted in judicial review proceedings in the field of regulation of medicines and genetically modified crops. He appeared in the leading judicial review case on GM crops (ex p. Watson) where an organic farmer unsuccessfully challenged the legality of permission granted by the Minister and sought an order that GM corn near his farm be destroyed prior to it pollinating.

In the field of media and entertainment, Adrian acted for JK Rowling and her publisher defending a claim that a Harry Potter book was an infringement of copyright. He also acted for the same author in obtaining a 'John Doe' injunction to restrain unknown persons from publication of the then unpublished Harry Potter book, a copy of which had been stolen from the printers. Adrian regularly acts in disputes relating to television formats. He acted both for Granada and ITV in the Survivor/I'm a Celebrity Get Me Out Of Here dispute and for Fremantle in the Pop Idol/X Factor litigation which settled at the door of the Court. He also represented Guinness in the leading modern case on copyright and dramatic works in a case concerning a television advert for Guinness. Other clients have included Disney, UEFA and FA Premier League.

A significant part of Adrian's practice is concerned with complex telecoms and IT disputes often including both technical and FRAND issues. He acted for Unwired Planet in both technical and FRAND trials in the recent litigation against Huawei and Samsung. Other telecoms clients have included HTC and Nokia. Other major IT disputes have concerned design and operation of chipsets, SDRAM devices and RAID technology. In the field of computer gaming clients have included Playtech, Nintendo and Sony, the latter in a variety of disputes concerning the PlayStation series of games consoles, including disputes relating to chipping consoles to circumvent copy protection measures.

Adrian has appeared in a number of other leading IP cases including Specsavers v. Asda, Aerotel v. Telco, Scandecor v. Scandecor and Lancashire Fires v. S.A. Lyons.

Adrian has also appeared in several cases concerned specifically with jurisdiction challenges over different IP disputes including Fort Dodge v. Akzo and Pearce v. Ove Arup, the latter being the first time an English court entertained an action for infringement of a foreign copyright.

 

 

Biotechnology, Pharmaceutical & Healthcare

Actavis & others v. Icos & Eli Lilly

Patent dispute over dosing and formulation of tadalafil, used to treat erectile dysfunction and pulmonary hypertension. Acted for a group of generic pharmaceutical manufacturers at trial and in the Court of Appeal.

Warner Lambert v. Generics and Actavis

High Court and Court of Appeal. Patent case concerning second medical use claims for drug called pregabalin. Acted for Actavis in defending an application for interim relief (both in the High Court and Court of appeal) and at trial in respect of the infringement and amendment issues (also at first instance and on appeal).

Accord v. Medac

Patent case concerning a drug called methotrexate used to treat inflammatory autoimmune disease such as rheumatoid arthritis. The patent was directed to use of the drug in particular concentration for subcutaneous injection. Acted for Accord at trial.

 AstraZeneca v. Hexel and others

High Court and Court of Appeal. Patent case concerning extended release formulation of quetiapine. Acted for the generic companies.

Novartis v. Hospira

Patent case concerning zoledronic acid a drug used to treat osteoporosis. Acted for Hospira in High Court and Court of Appeal on the application for an interim injunction between first instance decision and appeal.

Fresenius v. Carefusion

Medical device patent. Acted for patentee.

Cephalon v. Orchid & Generics

Patent case concerning Modafinil, a drug used to treat narcolepsy. Acted for Defendants in resisting interim injunction application. Also acted in the trial where the patent was found to be invalid and not infringed.

ALK-Abello v. Dey Pharma

Case started in Patents County Court concerning adrenaline injecting devices. Application for transfer to High Court. Acted for Dey Pharma.

Edwards v. Cook

Patent case relating to an artificial heart valve in a stent. Acted for Cook in Patents Court and Court of Appeal.

Novartis v. Johnson & Johnson

Complex patent trial relating to patent covering extended wear contact lenses. Acted for Novartis in Patents Court.

Wake Forest v. Smith & Nephew

Interim injunction in patent action concerning wound healing device. Acted for Wake Forest.

Abbott’s Patent

Appeal before the Technical Board of Appeal of the EPO over patent for formulation of sevoflurane. Acted for opponent (Baxter).

Generics v. Lundbeck

Patent for escitalopram, an enantiomer of citalopram. Acted for Generics in trial of validity of the patent.

Baxter v. Abbott

Claim to revoke a patent concerning formulation of an anaesthetic called sevoflurane and for a declaration of non-infringement. Acted for Baxter.

Althin v. Fresenius

Case in the EPO regarding claims to a kidney dialysis machine and alleged prior use. Acted for Althin (part of Baxter).

Merck v. Generics

Patent infringement case concerning method used to make a pharmaceutical called alendronic acid. The case is notable for the judge’s observations on the permissibility of attempting to prove infringement under the ‘Improver’ approach by reference to experiments. Acted for Generics.

Cairnstores & Generics v. Hassle

Patent revocation action in relation to a pharmaceutical formulation patent. The case is notable for the appeal in which it was alleged that the trial Judge had conducted the trial in a bias manner. Acted for one of the applicants for revocation.

SmithKline Beecham v. Connaught Laboratories (No. 2)

Dispute concerning the status of disclosure documents read by the Court in private and relied upon to revoke a patent in open court. Acted for the successful petitioners in the High Court and the Court of Appeal.

SmithKline Beecham v. Connaught

A petition to revoke a biotechnology patent for a purified protein used in vaccine against whooping cough. The patentee indicated its intention to surrender its patent the night before the trial was due to start but the petitioner pressed on and successfully sought revocation anyway.

Chiron v. Evans

Biotechnology patent infringement and validity dispute concerning a protein used in vaccine against whooping cough. Acted for patentee.

Biogen Inc v. Medeva plc

Biotechnology patent dispute concerning patent for genetically engineered protein for use as a vaccine against Hepatitis B. This was the first genetic engineering patent dispute to reach the House of Lords. Acted for Medeva.
 

IT, Telecoms and the Internet

Unwired Planet v. Huawei  (FRAND trial)

 Acted for Unwired Planet in its lengthy FRAND trial against Huawei. The issues included what terms and behaviour were and were not FRAND and various alleged breaches of competition law. The Court settled FRAND terms upon which the Defendant may licence Unwired Planet’s portfolio.   

Cartier and others v. BskyB and others

Case concerning injunctions against ISPs to secure blocking of websites involved in counterfeiting on basis of registered trade marks. Acted for Cartier and other brand owners.

Unwired Planet v. Huawei & Samsung (technical trials)

Acted for Unwired Planet at trial and on appeal in patent infringement proceedings concerning standard essential patents for both UMTS and LTE telecoms standards

Motion Picture Association v. BT (Newzbin 2)

Case under s. 97A CDPA 1988. Injunction against BT to secure blocking of Newzbin website. Acted for copyright holders.

Motion Picture Association v. Newzbin (Newzbin 1)

Case brought by main film making studios against a website which indexed infringing copies of films on Usenet and made them readily available. Copyright infringement established. Acted for MPA.

Philips v. Nintendo

Patent case concerning two patents alleged to be infringed by Nintendo’s Wii computer gaming system. Acted for Nintendo.

IPCOM v. HTC

Telecoms patent dispute concerning RACH channel access. Acted for HTC

Nokia v. HTC

Telecoms patent dispute. Included application for a stay in favour of an arbitration. Acted for HTC.

Sony PS3 console copy protection

Acted for Sony in a series of cases against persons dealing in devices that enabled copy protection for its PS3 console to be circumvented.

HTC v. Yozmot

Patent case concerning ringtone facility of mobile telephones. Acted for HTC.

Cranway v. Playtech (No.2)

Patent trial concerning a computer gaming system playable over the Internet. Acted for Defendants.

Sony v. Datel
Interim injunction in case concerning devices supplied to enable unauthorised modification of PSP games consoles. Acted for Sony.

RIM v. Visto (No.2)

The second patent action between these parties relating to computer systems used in conjunction with hand held devices for receiving e-mails. The case settled before trial but was notable for the Court ordering that RIM should disclose its estimate of costs of the action early on so that Visto could take it into account in deciding whether to apply for a costs capping order.

RIM v. Visto

Patent dispute relating to computer systems used in conjunction with hand held devices for receiving e-mails and the method of obtaining access through a corporate firewall whilst roaming. Acted for Defendant.

Qualcomm v. Nokia
Heavy patent action in which Qualcomm alleged two of its patents were infringed by Nokia’s GPRS mobile phones. Acted for Nokia.

Cranway v. Playtech

Patent claim for a computer gaming system using the Internet. Server operated out of the jurisdiction. Software supplier out of jurisdiction. Two Defendant groups of companies sued only by their parent companies. Acted for Defendants. Dispute whether Particulars of Claim disclosed proper claim. Action struck out.

Aerotel v. Telco

Case concerning telecommunications apparatus. Acted for Defendant. Whether patent should be revoked on a summary judgment application on the ground it was for a business method.

Sony v. Lik-Sang

Case concerning the operation of a website abroad soliciting sales of non EU Sony PSP games consoles, software and accessories. Challenge to liability and jurisdiction of UK courts. Acted for Sony.

Sony v. Nuplayer

Case concerning parallel imported PSP handheld consoles imported into the UK before the product was made available in Europe by Sony. Acted for Sony. Summary judgement granted to prevent the importation and sale.

Sony v. Ball

Case concerning ‘chipping’ of PlayStation 2 games consoles. Acted for Sony in obtaining permission to bring contempt proceedings against the Defendant for lies included in his pleadings supported by statement of truth.

Sony v. Owen

Case concerning ‘chipping’ of PlayStation games consoles. Acted for Sony in its successful claim under s. 296 CDPA 1988.

Intel v. Via

Patent infringement claim concerning patents relating to chipsets in computers. Acted for the Defendant. Settled shortly before trial

Storage Computers v. Hitachi

Patent action concerning patent for arrays of computer storage devices which were alleged to cover RAID technology. Acted for Claimant.

Rambus v Micron

Patent action concerning infringement of a patent alleged to cover SDRAM memory devices. The case also concerned the patentee’s conduct whilst a member of an industry standard setting body, which had adopted the features alleged by the patentee to fall within the claims. Acted for Micron in successful application for a stay of proceedings pending the conclusion of opposition proceedings in the EPO.

Sony v. Tesco

Trade Mark case concerning PlayStation games consoles parallel imported from France and marketed by Tesco. The boxes had been opened and other non Sony products added to make the consoles suitable for sale in the UK. Acted for Sony, who obtained interlocutory relief and an order for a speedy trial. The case settled shortly before trial.

Pitman Training v. Nominet

A dispute over the ownership of the ‘pitman.co.uk’ domain name between two entities which had a long history of trading under the ‘Pitman’ name.

Virgin Interactive Entertainment v. Bluewall

Contractual dispute between publisher and developer of a space shuttle flight simulator and another computer game.
 

Media and Entertainment

Publishing

Estate of Adrian Jacobs v. Bloomsbury & JK Rowling

Allegation of copyright infringement by JK Rowling in writing fourth in the series of Harry Potter Books. Acting for JK Rowling.

Bloomsbury & JK Rowling v. News International & Others

Acted for the publisher and author of the Harry Potter books in claim relating to the theft of copies of a book. The case is notable for the successful application to obtain a ‘John Doe’ injunction (an injunction obtained against persons who were unidentified).

Associated Newspapers v. Express Newspapers

Acted for the publishers of the Daily Mail and Mail on Sunday in a passing off and trade mark action to prevent publication of newspaper called Evening Mail by Express Newspapers.

Guardian v. Associated Newspapers

Dispute between newspaper publishers over use of the mark METRO on free newspapers handed out to commuters in Manchester. Settled on the eve of the trial. Acted for Associated Newspapers.

Scandecor Development v. Scandecor Marketing

Dispute between 2 publishers of posters and calendars. Case concerning ownership of goodwill in the SCANDECOR mark used in relation to posters calendars and the like when a previously multi national group was divided. The dispute also concerns the validity of the registration of trademarks and the use of own name defence. Acted for Defendants. This was the first case under the 1994 Trade Marks Act to reach the House of Lords, the result of which was a reference to the ECJ.

Film & Broadcasting

Jake Mandeville-Anthony v. Walt Disney

Acted for Disney in defending claim brought in respect of its Cars movie

UEFA v. Euroview

Unauthorised use of satellite decoder cards obtained in other EC states by pubs and clubs in the UK. Copyright infringement alleged. Case referred to Court of Justice by the High Court.

UEFA & Sky v. Briscomb

Illegal dissemination of broadcasts of Champions League matches over the Internet. Acted for UEFA and Sky in obtaining summary judgment.

19 TV v. Freemantle & Cowell

Case concerning the television formats Pop Idol and X Factor. Acted for Fremantle – the producer of both. The case settled at the court door.

Parsons v. Granada

Case concerning television formats (Survivor/I’m a Celebrity ... Get Me Out of Here). Claim brought in copyright passing off and infringement of moral rights. Acted for Granada and ITV. The case settled before trial.

Miles v. ITV & Dream Street

Case concerning an alleged breach of confidence and infringement of copyright in making of the child’s television series called ‘Dream Street’. Acted for the production company.

Norowzian v. Arks

Acted for Guinness in the High Court and Court of Appeal in successfully defending a claim brought by a director of adverts alleging that a Guinness advert was an infringement of copyright in a short film he had made.

Football Association Premier League v. Vision On

Case concerning the sale of satellite TV decoder cards which allowed reception of Norwegian television which broadcast premiership matches live on Saturday afternoons. Acted for the Premier League in successful claim under s. 298 CDPA 1988 (unauthorised reception of transmissions).

Baywatch v. Home Video Channel

Dispute between the producer of the Baywatch TV series and the broadcaster of The Adult Channel, a late night satellite TV channel broadcasting adult material. The complaint concerned the broadcast of a series of films called Babewatch, which were inspired by Baywatch. Acted for the Adult Channel in successfully resisting an application for an interim injunction. The case then settled before trial.
 

Music

Jonas Brothers v Polyglot Entertainment

Trade mark dispute concerning rights in the mark ‘Jonas Brothers’. Acted for the US band in resisting an interim injunction aimed at stopping their world tour.

BPI v. various Internet Service Providers

Acted for the BPI in several applications against ISPs for Norwich Pharmacal relief sought to combat online music sharing.

BPI (suing by Independiente & others) v Music Trading (trading as CD WOW)

Dispute between BPI and CD WOW over supply of non EC CDs to the public in the UK via the CD WOW website operated from the far east. The case settled just before trial. Acted for the BPI including in the various hearings after settlement relating to the representations made by the Defendant regarding the BPI and the settlement of the case.

Sutherland v. V2 Records

Passing off claim brought against pop music band called Liberty. Acted for the Defendants

Charly v. Immediate Records Inc. & Andrew Loog Oldham

Acted for Andrew Oldham for part of his dispute with Charly over the ownership of the rights in the catalogue of the Immediate record label.

Coulthard v. DMC

Dispute between a barrister who used to earn a living and a record producer/re-mixer and individuals he used to work with and their company. The case concerned claims in partnership, contract, breach of fiduciary duty, breach of constructive trust, knowing receipt of trust property, breach of confidence, infringement of copyright and infringement of performers’ rights. Acted for the Defendants in striking out the majority of the claim. The case settled before the trial of the remainder.

Buckler v. Weller

Action for an account between the former members of the pop group ‘The Jam’ which settled during trial.

Fiction Records v. Gumbis

Acted for three record companies (representing the BPI as a whole) in the High Court and Court of Appeal in a claim against a trader in bootleg recordings. The trader failed to deliver up all his bootleg CD and claimed that his displaying of empty boxes in his shop did not mean he had the CD corresponding to the boxes. He was found guilty of contempt of court.

 

 

Further Patent Cases

EMGS v. PGS

 Complex patent case about a patent directed to use of electromagnetism for detecting the presence of oil and gas reservoirs beneath the seabed. Acted for the patentee in the High Court. The case settled after trial but before judgment. 

Nampak v. Alpla

Patent action concerning plastic milk bottles. Acted in High Court and Court of Appeal on application for summary judgment in relation to non-infringement of a patent.

Virgin v. Premium and Air Canada

Lie flat aircraft seats. Acted for Air Canada in High Court and Court of Appeal.

Zipher v. Markem (No. 2)

Patent action relating to tape drives utilised in a thermal transfer printer used to print on packaging. Acted for Claimant at trial and in the Court of Appeal.

LB Europe v. Smurfit (No. 2)

Enquiry as to damages in relation to unjustified threats of patent proceedings. Acted for Claimant.

Jost Werke v. Fontaine

Patents County Court trial of dispute over simple mechanical patent for a device to secure a trailer to a lorry or other towing vehicle. Acted for Defendant.

Nichia v. Argos

Court of Appeal decision in patent action regarding whether disclosure should normally be given by patentee as to validity. Acted for Nichia.

LB Europe v. Smurfit (No. 1)

Claim for a declaration of non infringement, unjustified threats and revocation of a patent concerning taps used in wine boxes. Acted for Claimant.

Zipher v. Markem (No. 1)

Infringement claim in respect of one of the patents which was subject to the entitlement dispute (see below). Initial hearing as to whether Claimant could bring an action identifying claims in the patent as it sought to have it amended. Strike out application. Acted for Claimant.

Halliburton v. Smith

Acted for the Defendants in action concerning patents directed to methods of designing roller cone drill bits used to drill for oil. The technology involved complex mathematical modelling of the movement of the parts of the bits and the interaction of the surfaces of the teeth with the rock. Both patents were held invalid for lack of sufficient disclosure and also because they covered matter which was not a patentable invention within the Patents Act at all.

Markem v. Zipher

Acted for the Defendants in a patent entitlement action concerning entitlement to patents for inventions in the fields of ink jet and thermal transfer printing. Case involved the Court of Appeal overturning the trial judge’s findings of dishonesty against the Defendant’s witnesses.

Ultraframe v. Eurocell

Patent and design right dispute concerning system used to construct low pitch conservatory roofs. Acted for Ultraframe in Patents Court and Court of Appeal. Subsequently the case continued on to a fully fought enquiry as to damages.

Burnden v. Ultraframe

Acted for Ultraframe in resisting claim brought against it for infringement of a patent relating to components used to construct conservatory roofs at differing pitches.

Russel Finex v. Telsonic

Acted for the Defendant in an action for declaration of non-infringement of a patent concerning industrial sieving apparatus.

Sandvik v. K.R. Pfiffner

Acted for the Chinese manufacturer of coated cemented carbide inserts (cutting tools) in an action concerning patent infringement, the scope of a technology transfer agreement between the parties and related competition matters relating to the use of a process for forming a thin coating on the products surface. The Claimant had originally threatened distributors of the product and sued one of them. The manufacturer applied to intervene in the action and brought a counterclaim in respect of the patentee’s threats made to the distributors. The case settled shortly before trial.

Taylor v. Ishida

Acted for the Claimant in patent infringement proceedings concerning machinery for forming filling and sealing bags of crisps and nuts. The case is notable for the many applications that were made prior to trial to obtain an adequate product description form the Defendants. As a result of the Defendants’ failure to comply the Judge made a special costs order.

Haberman v. Jackel

A patent infringement action concerning a commercially successful valve fitted to a toddlers’ trainer cup to make it leakproof. Acted for the individual inventor in successfully enforcing her patent against a large baby and toddler products’ manufacturer.

Aumac Limited Patent

Dispute whether proper to make a See v. Scott Paine Order where Patentee elects to have its UK patent revoked upon payment of all its costs in the action when there is a corresponding European Patent pending which could mature into European Patent (UK) for same invention. Acted for Defendant in the Court of Appeal.
 

Further Copyright, Design Right and Related Rights

Coward v. Phaestos

Acted for Defendants in complex case concerning automated hedge fund software.

 Hoist v. Reid. Design right case

Claimant sued in threats and sought declaration of non infringement then discontinued. Claimant subsequently sought a special costs order. Acted for Defendant.

Ultraframe v. Fielding

Very large multifaceted dispute between two conservatory roof manufacturers. Claim included issues of design right relating to the designs of system used to construct conservatory roofs in addition to claims for passing off. Other aspects of the claim surrounded claims for breaches of fiduciary duties on the part of alleged shadow and de facto directors of companies and related claims under the Companies Act. Acted for Ultraframe.

Mattel v. Woolbro & Simba

Acted for the Claimant in an unregistered Community design right and copyrightclaim concerning the design of dolls. Defendants submitted to Judgment on 4th day of trial.

Novum v. Iceland

Design right claim brought in respect of designs of freezer cabinets used to display frozen food in stores. Acted for Claimant.

ETAL v Critchley

Case concerning the infringement of copyright in the circuit diagrams and data sheets supplied with electric transformers and the design right in the transformers themselves.

Work Model Enterprises v. Ecosystem

Acted for Claimant in its claim for infringement of copyright in brochures featuring its system of office partitioning furniture.

 

 

 

Trade Marks and Passing Off

Merck KGaA v. Merck Sharp & Dohme Corp

Case concerning contractual and trade mark position of two major pharmaceutical companies. A particular focus of the dispute was the activity of the Defendant on the Internet. Acted for Merck KGaA in the Court of Appeal.

Specsavers v. Asda

Trade Mark infringement and passing off case concerning advertising campaign adopted by Asda with slogans directed to Specsavers and with a new logo based upon the Specsavers logo. Acted for Specsavers.

Bouverie v. De Vere Hotels

Dispute between owner and operator of the hotel known as The Belfry. Contractual claim regarding an alleged change of name. Additional claims for trade mark infringement. Acted for Defendant (the operator).

London Rubber Co. v. Pasante

Acted for makers of Durex condoms in passing off action. Case concerned the palette of colours used for packaging. Case settled on first day of trial.

Excavation & Contracting v. Excavation & Contracting

Passing off claim concerning construction contractors.

Commissioners for Customs an Excise v. Top High

Dispute under EC Pirate and Counterfeit Goods Regulations concerning goods seized by customs on the strength of a trade mark application (i.e. not yet granted). Acted for the owner of the goods in successfully resisting forfeiture proceedings brought by the authorities in a Magistrates Court under the Customs and Excise Management Act. The Court refused to grant Customs a certificate that there were reasonable grounds for the seizure.

Trebor Bassett v. The Football Association

Case concerning the use of photographs of footballers in their England kit on cards given away with confectionery. Because the England 3 lions logo was visible on the players’ shirts this was alleged to be an infringement of the Football Association’s registration of the logo as a trademark for paper goods. Acted for Trebor Bassett in summarily obtaining declaratory relief that the trade mark was not infringed.

Wagamama v. City Centre Restaurants

Acted for the Claimant in its trade mark and passing off claim against a major operator of restaurants in respect of its RAJAMAMA restaurant. The case was the first under the 1994 Trade Marks Act to reach the Courts and has become a frequently cited judgment on the issue of confusion and association.

Modus Vivendi (formerly Ronson) v. Keen

Acted for the Claimant in this case, concerning the export of cans of lighter refill fuel to China. The cans had a get-up copied from Ronson cans but a wholly different trade mark. The case succeeded on the basis that the public in China relied upon the get-up and not the trade mark written in western script.

 

 

Breach of Confidence, Restraint of Trade and Use of Documents

Breach of Confidence and Restraint of Trade

Lancashire Fires v. S.A. Lyons

Action for breach of confidence brought by a manufacturer of decorative gas fires against ex employees in respect of their use of a confidential process for manufacture of ceramic coals and logs. Acted for Claimant in the High Court and the Court of Appeal.

BC Industries v. Ball

Case between an inventor and company which was set up to exploit his invention. The agreements between the investors and between the inventor and the company were drawn up by a solicitor acting for all concerned and were challenged as having been entered into under presumed undue influence or abuse of confidence. A restrictive covenant was also challenged as being an unreasonable restraint of trade.

Use of Documents

Cobra v. Rata & Rata (No. 1)

Acted for 2 golf club brand owners both suing particular dealers in infringing clubs in attempt to allow access for one brand owner to documents obtained by the other upon the execution of a search and seizure order at the trader’s premises.

Cobra v. Rata & Rata (No.2)

Dispute concerning documents obtained upon the execution of a search and seizure order in one action and their proposed use in another action between the same parties and concerning the same subject matter for the purpose of committing for contempt of court.

 

 

Judicial Review

 R v. MCA ex. p. Smith & Nephew, intervener Primecrown

A medicines licensing case concerning the parallel importation of a drug called Ditropan. Acted for the importer in seeking to recover the full loss profit sustained by interim relief granted pending a reference to the ECJ, despite the involvement of a sister company who was not expressly the beneficiary of the cross undertaking.

R v. Secretary of State of the Environment and MAFF ex p. Watson

A dispute of the regulation of the carrying out of trials on genetically modified maize. Acted for an industry organization in the High Court and the Court of Appeal in an application by a farmer for an order that a field of GM maize near his farm be dug up prior to it pollinating.

R v. MCA ex p Rhone Poulenc

An application for judicial review of the MCA’s decision to grant a parallel import licence. Also involved an application for interim relief against the importer pending the outcome of a reference to the ECJ.

 

Jurisdiction

Fort Dodge v. Akzo

Acted for Akzo in jurisdictional dispute under the Brussels Convention in relation to proceedings for infringement of patent. This was the first case concerning the Brussels Convention jurisdictional rules and their application to IP disputes to reach the Court of Appeal. Akzo successfully resisted an application to restrain it from pursuing an action for infringement in the Dutch Courts. Issues were referred to the ECJ but the case settled before the hearing.

Pearce v. Ove Arup Partnership

Acted for the Claimant in his claim for infringement of Dutch copyright in architect’s plans by the building of a large public building in Rotterdam. This was the first case where the High Court considered the impact of the Brussels Convention on the rules as to the competence of the English Court to hear claims for infringement of foreign IP rights and held that such a claim could be brought before the English Court.

Modus Vivendi v. British Products Sanmex

Acted for Claimant in jurisdictional dispute relating to a passing off case concerning the export of deceptive cans of lighter fuel to China from Scotland via an English port.

 

Additional Information

Education

1992-93:  Inns of Court School of Law, London
                  Bar Vocational Course (Very Competent)
 

1991-92: College of Law, Store Street, London
                 Common Professional Examination (with Distinction)

1988-91: King’s College, Cambridge
                  BA Physics and Theoretical Physics (First Class Honours)

 

 

Prizes, Scholarships & Awards

Inns of Court School of Law: 1993 Wilfred Parker Prize for top mark in Evidence, Civil Procedure, Criminal Procedure and Sentencing

Gray's Inn: 1993 Bird & Bird Award, 1992, Karmel Award, 1991 Karmel Award

King's College: Scholar, 1991 Richard's Prize for the top mark among the College's Natural Sciences and Medicine Students

Previous Employment

1991-93: 3mv Ltd, London. Record sales and promotion. Primarily travelling the
country as part of the sales force and calling on the record shops that contribute to the national sales chart.

1990: Schlumberger Cambridge Research. Investigation into the electromagnetic properties of drilling fluids used in oil wells. In particular analysing the change in behaviour with frequency and consideration of the charge carrying mechanisms within the fractal structure of the clay, water and oil aggregates in the fluids.

 Professional Membership

 I.P.Bar Association, Chancery Bar Association, Gray’s Inn and Lincoln’s Inn

Publications

The Modern Law of Copyright & Design, 4th Edition, [2011] & 3rd Edition, [2000]

Genetic Copyright, [1995] 4 EIPR 171

 

 

Recent Activity

» Unwired Planet International Ltd (Claimant) -v-(1) Huawei Technologies Co Ltd (2) Huawei Technologies (Uk) Co Ltd (Defendants) & Unwired Planet Llc (Tenth Party)
» Unwired Planet International Ltd v (1) Huawei Technologies Co. Ltd (2) Huawei Technologies (UK) Co. Ltd
» Warner Lambert -and- Generics Ltd, Actavis, Caduceus (Pregabalin)
» Actavis and others v ICOS and Lilly [2016] EWHC 1955 (Pat)
» Cartier International AG and Ors v British Sky Broadcasting and Ors
» Unwired Planet International Ltd v Huawei Technologies Ltd, Samsung Electronics Co Ltd and others [2016] EWHC 576 (Pat)
» Accord v Medac [2016] EWHC 24 (Pat)
» Unwired Planet v Huawei and Samsung [2015] EWHC 3366 (Pat)
» Warner-Lambert Company LLC v Actavis Group PTC EFH [2015] EWHC
» Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3354 (Ch)
» Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWCA Civ 1293
» Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWHC 2196 (Pat)

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"He is terribly clever, works incredibly hard, is really good at taking responsibility for the case and spots weaknesses really quickly. A real talent." "An extremely approachable QC who is very bright and quickly grasps complex matters"
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"He is a master strategist, who works incredibly hard"
Legal 500 (Intellectual Property) 2016

"He has an unerring ability to identify the key issues in a case at an astonishing speed"
Legal 500 (IT & telecoms) 2016

"He has a remarkable track record of spotting the points that are going to win."
Chambers & Partners (Media & Entertainment) 2016

"He probes and asks question all the time, which means you see the weaknesses in your case very quickly" "He has a real ability to get on top of the technical detail and to balance it with the appropriate legal framework"
Chambers and Partners (Information Technology) 2016

"You think you've thought of all the arguments and then he comes up with something much more clever" "He's an excellent advocate who is very responsive and highly intelligent"
Chambers & Partners (Intellectual Property) 2016

"Recommended for IP-related disputes"Legal 500 (IT and Telecoms) 2015

"He benefits from associated strengths in media and IT law."
Legal 500 (Intellectual Property) 2015

"A go-to barrister for heavyweight and deeply complex IP matters concerning patents, trade marks, copyright and designs. He is commended for his intellectual rigour, commercial sense and being easy to work with"
Chambers & Partners (Intellectual Property) 2015

"An excellent advocate, who is very responsive and highly intelligent"
Chambers & Partners (Intellectual Property) 2015

"He has a particular experience with regard to television format disputes"
Chambers & Partners (Media & Entertainment) 2015

 

 



 

 

  • What the Directories Say
  • "He is terribly clever, works incredibly hard, is really good at taking responsibility for the case and spots weaknesses really quickly. A real talent." "An extremely approachable QC who is very bright and quickly grasps complex matters"
    Chambers & Partners (Intellectual Property) 2017

    "A fantastic advocate." "A bright man who will always try to find a clever point"
    Chambers and Partners (Information Technology) 2017

    "He's the real deal and punches above his weight"
    Chambers & Partners (Media & Entertainment) 2017

    "He picks cases up at lighning speed and has the ability to cut to the heart of the matter"
    Legal 500 (Intellectual Property) 2017

    "He excels at strategy and maximises the outcome for his clients."
     Legal 500 (IT & telecoms) 2017

    "He is a master strategist, who works incredibly hard"
    Legal 500 (Intellectual Property) 2016

    "He has an unerring ability to identify the key issues in a case at an astonishing speed"
    Legal 500 (IT & telecoms) 2016

    "He has a remarkable track record of spotting the points that are going to win."
    Chambers & Partners (Media & Entertainment) 2016

    "He probes and asks question all the time, which means you see the weaknesses in your case very quickly" "He has a real ability to get on top of the technical detail and to balance it with the appropriate legal framework"
    Chambers and Partners (Information Technology) 2016

    "You think you've thought of all the arguments and then he comes up with something much more clever" "He's an excellent advocate who is very responsive and highly intelligent"
    Chambers & Partners (Intellectual Property) 2016

    "Recommended for IP-related disputes"Legal 500 (IT and Telecoms) 2015

    "He benefits from associated strengths in media and IT law."
    Legal 500 (Intellectual Property) 2015

    "A go-to barrister for heavyweight and deeply complex IP matters concerning patents, trade marks, copyright and designs. He is commended for his intellectual rigour, commercial sense and being easy to work with"
    Chambers & Partners (Intellectual Property) 2015

    "An excellent advocate, who is very responsive and highly intelligent"
    Chambers & Partners (Intellectual Property) 2015

    "He has a particular experience with regard to television format disputes"
    Chambers & Partners (Media & Entertainment) 2015