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James Mellor QC


Year of call: 1986
Year of silk: 2006
Position: Head of Chambers

James Mellor QC was called to the Bar in 1986, having emerged from two periods at King's College, Cambridge with a degree in Engineering, a Certificate of Advanced Study in Manufacturing Engineering and a First in Law. As an engineer he worked both in the UK and in many countries abroad.

James specialises in all areas of Intellectual Property law including:

• Patents: electronics, medical devices, biotech, pharmaceuticals, mechanical devices;

• Trade Marks and Passing Off: generally, but especially parallel imports and internet issues; Boards of Appeal at OHIM, Appeals to the General Court and CJEU.

• Copyright: broadcasts, computer software; engineering drawings & designs, literary works, music copyright, database copyright, sui generis database right, rights in performances;

• Confidential Information: chemical formulae, business information, business ideas;

• Arbitrations with IP and/or technical content.


Gemalto* v HTC

Patents relating to SIM cards. 

Rovi v Virgin Media*

Parts 2 and 3 of the Gemstar litigation. A further 4 trials on 8 related patents have been scheduled for 2013/2014.

Smith & Nephew* v Convatec [2012] (HHJ Birss (Ch Div) & CA)

Attempted revocation of a patent for silverising wound dressings.

Gemstar v Virgin Media* [2011] EWCA 302 (Mann J & CA)

Successful revocation of 3 Patents for various aspects of Electronic Programme Guides.

Elmo-Tech* v Guidance [2011] EWHC 98 (Pat) (Lewison J)

Whether French law of secrecy/national defence prevented disclosure or provision of a product description.

KCI v Smith & Nephew* [2010] EWCA 1260 (CA)

Patents for various features of apparatus used for Negative Pressure Wound Therapy.

Wake Forest v Smith & Nephew* [2009] EWCA 848.

Successful (and fastest) revocation of Patent for Negative Pressure Wound Therapy.

Siemens* v Seagate (High Court of Northern Ireland, 2010)

Patent for a Magnetoresistive Sensor asserted against read/write heads used in disk drives. Awaiting Judgment.

Folding Attic Stairs* v The Loft Stairs Co. [2009] EWHC 1211 (Peter Prescott QC)

Successful enforcement of Patent for folding attic stairs. Settled on appeal.

Gore* v Geox (Floyd J. & CA)

Patents for waterproof, breathable shoes

Generics* v Daiichi (Kitchin J)

Attempted revocation of patent for levofloxacin.

Belvac v Carnaud Metalbox* (John Baldwin QC, sitting as Deputy Judge)

Patent for high-speed can machinery. Successfully revoked.

Wobben* v. Vestas (Kitchin J 2007)

3 Patents for control systems of wind turbines and connection to grid.

Ranbaxy* v. Warner-Lambert (Clarke J, 2007)

High Court of Ireland, Atorvastatin.

Ferag* v. Muller Martini (Lewison J. & CA)

Patent concerned with high speed trimming methods in the print industry.

  • What the Directories Say
  • "He is very bright, user-friendly, practical and provides well-analysed advice." "He is experienced and unflappable. A go-to QC for telecommunications and electronics cases"
    Chambers & Partners (Intellectual Property) 2017

    "He is excellent for trade mark and passing off"
    Chambers & Partners (Media & Entertainment) 2017

    "An unflappable advocate"
    Legal 500 (Intellectual Property) 2017

    "He is unflappable, and his advice is received with confidence and respect"
    Legal 500 (Intellectual Property) 2016

    "He has the ear of the court." "He is extremely calm under pressure"
    Chambers & Partners (Media & Entertainment) 2016

    "One of the IP elite but incredibly approachable and easy to work with"
    Chambers & Partners (Intellectual Property) 2016

    "A formidable presence who is perfect if you want a heavyweight silk" "He's someone you want on board for a trade mark case- especially since you want to deprive the other side of getting him first"
    Chambers & Partners (Intellectual Property) 2015

    "He has a very good manner and works well as part of the team. He's very informal and great with clients." " His cross-examination, his advocacy and his thought processes are all very impressive"
    Chambers & Partners (Media & Entertainment) 2015

    "An incredible fighter, he is someone you want on your side"
    Legal 500 (Intellectual Property) 2015