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Henry Ward

 


Year of call: 2000

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Henry Ward has a BA and M.Eng. in Engineering from Emmanuel College, Cambridge, specialising in civil and mechanical engineering. A member of Middle Temple and an Astbury Scholar, he was called to the Bar in 2000. He previously served in the Queen's Gurkha Engineers in Hong Kong, Brunei and Nepal.

Henry's practice covers many aspects of intellectual property law, including patents, copyright and designs, trade marks and confidential information. His background is in engineering, and particularly civil, mechanical, petroleum and offshore engineering, but he deals with a wide range of technical subject matter. Henry’s practice has covered almost all areas of both “hard” and “soft” IP cases – from biotech and electronic patents cases to reality TV disputes. He has appeared in all UK forums up to and including the Court of Appeal, and has experience of the Supreme Court and the European Patent Office both in the Opposition Division and the Technical Board of Appeal. He has also advised on and represented clients at numerous mediations.

Henry has invaluable experience of extremely lengthy and complex trial work, having acted in the Ultraframe v Burnden dispute which occupied 100 days of court time. However he also has a great deal of experience in relation to far smaller disputes, including extensive experience of the Intellectual Property Enterprise Court.

Patents

Recent patent actions in which Henry has acted include: Napp v Sandoz (pharmaceuticals); Unwired Planet v Google & Samsung (Trial E) (telecoms); Good Technology v MobileIron (telecoms); Focus v Novartis (pharmaceuticals); CGTL v Velocys (Fischer Tropsch processing); Nampak v Alpla (packaging); Rovi v Virgin (set-top boxes); Virgin v Premium etc (HC, CA and SC) (aircraft seating); Novartis v Mylan (pharmaceuticals); Sudarshan v Clariant (crystal form of pigments); MMI v CellXion (mobile phone interception); KCI v Smith & Nephew (medical devices); Research in Motion v Vista (telecoms); Queensland v Siemens (MRI); and Wobben v Vestas (wind turbines).

 

Novartis AG v Focus Pharmaceuticals Ltd [2015]EWHC 1068 (Pat)

Trial of a patent infringment claim, brought about by Novartis, over a patent directed at the drug rivastigmine for use in a method of treating alzheimer's disease through administration via a transdermal system, in particular a transdermal patch.

Nampak v Alpla [2014] EWCA Civ 1293, [2014] EWHC 2196 (Pat)

Grant of summary judgment for declaration of non-infringement of a patent relating to milk containers upheld by Court of Appeal

CompactGTL v Velocys [2014] EWHC 2951 (Pat)

Trial concerning the validity and infringement of a patent relating to Fischer Tropsch processes and gas-to-liquid technology

Rovi v Virgin [2014] EWHC 1559 (Pat)

Trial concerning the validity and infringement of a patent relating to set-top-box technology

Novartis v Hospira [2013] EWCA Civ 583

The principles applying to interim relief following a trial at first instance and pending appeal

Virgin Atlantic v Zodiac (Supreme Court) [2013] UKSC 46

The landmark decision on the application of principles of res judicata to patent issues, in circumstances where patents are revoked after orders for damages have been made on the basis of those patents

Virgin Atlantic v Zodiac (or Premium or Contour) and Jet, Delta etc [2012] EWHC 2153, [2010] EWHC 3094 (Pat), [2011] EWCA Civ 162, [2009] EWHC 26 (Pat) and [2009] EWCA Civ 1062

Ongoing patent dispute regarding business class seating systems. The proceedings have involved multiple hearings and trials both at first instance, in the Court of Appeal, and in the EPO, as well as the issue addressed by theSupreme Court referred to above. The latest Court of Appeal hearing takes place in November 2013.

Sudarshan Chemical Industries Ltd -v- Clariant Produkte (Deutschland) GmbH [2013] EWCA Civ 919 [2012] EWHC 2941 (Pat)

Trial and appeal concerning the validity and infringement of a patent for polymorphs of a commercial pigment.

MMI Research v Cellxion [2012] EWCA Civ 139, [2009] EWCA Civ 1120, [2009] EWHC 418 (Pat) (16 October 2009)

Patent action relating to mobile telephone interception devices retried in the HC (and subsequently appealed) following a CA decision to allow new evidence to be adduced by CellXion.

KCI v Smith & Nephew [2010] EWCA Civ 1260, [2010] EWHC 1487 (Pat),

Trial and appeal of a patent case relating to negative pressure wound therapy devices.

Blacklight Power Inc v Comptroller-General of Patents [2008] EWHC 2763 (Pat); [2008] WLR (D) 360

Successful appeal of a decision of the UKIPO regarding the patentability of an allegedly new method of generating power.

Research in Motion v Visto Corporation [2008] EWHC 335 (Pat), [2008] EWHC 3026 (Pat)

Trial about the Blackberry synchronisation systems, particularly well-known for the costs judgment regarding costs capping and appropriate spending

Queensland University v (1) Siemens Magnet Technology Ltd (2) Siemens plc [2007] EWHC 2258 (Pat)

Patent case relating to magnetic resonance imaging devices.

Aloys Wobben v Vestas-Celtic Wind Technology Ltd [2007] EWHC 2636 (Pat), [2008] EWHC 235 (Pat)

Patent case relating to wind turbine grid interface control systems
 

Copyright and Design Right

Whilst a specialist in design right cases such as Sealed Air v Sharpak, Mainetti v Hangerlogic, Virgin Atlantic v Premium Aircraft, Ultraframe (UK) Ltd v Clayton (No.2) and many others, Henry has also acted in relation to a wide range of copyright disputes. Highlights include: Westwood v Knight acting for Dame Vivien Westwood in relation to a range of rights including copyright, Burrows v Smith, a computer software copyright dispute thought to be the first IP case done on a direct access basis; and 19 TV Ltd v Freemantle and Simco, the well-publicised dispute between Simon Cowell and Simon Fuller regarding the hit television shows Pop Idol and X Factor.

Copyright

Omnibill (Pty) Ltd v Egpsxxx Ltd & Anor  [2014] EWHC 3762 (IPEC)

IPEC trial relating ot the use of photographs om a South African website- whether infringing use in the UK.

Westwood v Knight [2011] EWPCC 8, [2011] EWPCC 11, [2012] EWPCC 14

PCC trial re copyright trade mark and passing off allegations relating to Dame Vivienne Westwood clothing and brands, including proceedings for contempt

Burrows v Smith & Anor [2010] EWHC 22 (Ch)

Copyright and breach of confidence case in relation to computer games 

Design Rights

Sealed Air v Sharpak [2013] EWPCC 23

PCC trial re registered and unregistered design rights in fruit punnets.

Clinisupplies Limited v Richardson Healthcare Limited [2012] EWHC 3453 (Ch)

Summary judgment/strike-out claim in relation to alleged breach of confidence and infringement of unregistered design rights in medical products

Virgin Atlantic v Premium Aircraft [2009] EWHC 26 (Pat)

Unregistered design rights in business class seating systems

Mainetti (UK) Ltd v Hangerlogic [2012] EWPCC 42

Registered Design Right case in relation to coat hangers

Ultraframe (UK) Ltd v Fielding [2006] EWCA Civ 1660 [2005] EWHC 1638 [2006] F.S.R. 17, [2005] EWHC 679, [2005] EWHC 2506, [2002] EWHC 1964 [2003] R.P.C. 23

Extensive series of actions originally involving infringement of design rights but also encompassing conspiracy, directors’ duties, dishonest assistance, tracing remedies and aspects of company law.
 

Trade Marks and Passing Off

Recent trade mark actions in the High Court in which Henry has acted include: Flynn v DrugsRus (trade mark and parallel imports in relation to pharmaceuticals); Doosan v Babcock (rights to use Babcock mark in relation to nuclear power stations), Westwood v Knight (trade mark, passing off and copyright in fashion designs); Lonsdale v Erol (appeal re mark in sporting clothing); Fage v Chobani (Greek yoghurt), Hasbro v 123 Nahmittal (“PLAY-DOH”). In addition Henry has appeared in wide range of trade mark hearings before the UKIPO.

Doosan Power Systems Ltd v Babcock International Group Plc [2013] EWHC 1364 (Ch)

A dispute over the rights to use the famous Babcock mark in relation to civil nuclear power stations

Lonsdale Sports Ltd v Erol [2013] EWHC 2956 (Pat)

An appeal to the chancery division regarding the famous Lonsdale marks for sporting clothing

Fage v Chobani [2012] EWHC 3755 (Ch)

Re the admissibility of survey evidence in the Greek Yoghurt dispute

Westwood v Knight [2011] EWPCC 8, [2011] EWPCC 11, [2012] EWPCC 14

PCC trial re trade mark and passing off allegations relating to Dame Vivienne Westwood clothing and brands, including proceedings for contempt

Hasbro Inc & Ors v 123 Nahrmittel GmbH & Anor [2011] EWHC 199 (Ch)

Case relating to play dough and the extent of the rights in the mark “Play-doh”.
 

Breach of Confidence

Henry has also advised on and acted in a range of cases regarding breach of confidence in trade secrets. Recent reported cases include:

Orr-Adams v Bailey (t/a G Bailey Services) [2013] EWPCC 30

Breach of confidence claim relating to concrete formulations

Burrows v Smith & Anor [2010] EWHC 22 (Ch)

Copyright and breach of confidence case in relation to computer games
 

Additional Information

Education and Awards

1994 - 1998: Emmanuel College, Cambridge M.Eng. BA (Hons) Engineering, specialised in civil, mechanical, petroleum and offshore engineering.
1998 – 1999: The College of Law, Store Street, London CPE Diploma in Law ('Commendation’)
1999 – 2000: The College of Law, Chancery Lane, London, Bar Vocational Course (Very competent) Middle Temple, Astbury Scholarship (1999)
 
Sport

Cambridge Hockey Blue (March 1998); elected to the Hawks Club in 1997.

Interests

Anything involving a board and water. Except ironing.

Recent Activity

» Jake Fior v The Walt Disney Company Limited [2017] EWHC 2933 (IPEC)
» (1) Novartis AG (2) LTS Lohmann therapie-systeme AG (3) Novartis Pharmaceuticals UK Ltd v (1) Focus Pharmaceuticals UK Ltd (2) Actavis Group PTC EHF (3) Actavis UK Ltd and between: (1) Novartis AG (2) LTS Lohmann therapie-systeme AG (3) Novartis Pharmaceuticals UK Ltd v Teva UK Ltd
» Napp Pharmaceutical Holdings Ltd v (1) Dr Reddy's Laboratories (UK) Ltd (2) Sandoz Ltd (2016)
» Saertex France -and-Hexcel Reinforcements UK Limited [2016] EWHC 966 (IPEC)
» Flynn Pharma Limited v DrugsRUs Limited and Tenolol Limited [2015] EWHC 2759 (Ch)
» Novartis AG & Ors v Focus Pharmaceuticals Ltd & Ors [2015] EWHC 1068 (Pat) (27 April 2015)
» Omnibill (Pty) Ltd vEgpsxxx Ltd & Anor [2014] EWHC 3762 (IPEC)
» Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWCA Civ 1293
» Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWHC 2196 (Pat)
» Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 1559 (Pat)
» Lonsdale Sports Ltd v Erol [2013] EWHC 2956 (Pat)
» Sudarshan Chemical Industries Ltd v Clariant Produkte (Deutschland) GmbH [2013] EWCA Civ 919
» Virgin Atlantic Airways Limited v Zodiac Seats UK Limited [2013] UKSC 46

What the Directories Say

"He is a very clear, direct and no-nonsense barrister." "He is astute, tactically excellent and has great drafting skills"
Chambers Directory (Intellectual Property) 2017

"A very compelling advocate with great technical ability"
Chambers Directory (Intellectual Property) 2016

"An intelligent, confident and polished junior" 
Chambers Directory (Intellectual Property) 2015

"A very bright, gutsy and confident junior," he is "a bright and purposeful advocate."
Chambers Directory (Intellectual Property) 2014
 

Henry Ward "gives you real confidence" due to his knowledge of the law. "Persuasive and compelling on his feet," he is experienced at complex trials surrounding soft and hard IP rights
Chambers & Partners (Intellectual Property) 2013

 

 

  • What the Directories Say
  • "He is a very clear, direct and no-nonsense barrister." "He is astute, tactically excellent and has great drafting skills"
    Chambers Directory (Intellectual Property) 2017

    "A very compelling advocate with great technical ability"
    Chambers Directory (Intellectual Property) 2016

    "An intelligent, confident and polished junior" 
    Chambers Directory (Intellectual Property) 2015

    "A very bright, gutsy and confident junior," he is "a bright and purposeful advocate."
    Chambers Directory (Intellectual Property) 2014
     

    Henry Ward "gives you real confidence" due to his knowledge of the law. "Persuasive and compelling on his feet," he is experienced at complex trials surrounding soft and hard IP rights
    Chambers & Partners (Intellectual Property) 2013