James Whyte read Natural Sciences at Trinity College, Cambridge, where he gained the highest first class degree in genetics. He then undertook research at the Institute of Molecular Pathology in Vienna, and returned to Cambridge for a PhD in molecular cell biology. He was awarded the Max Perutz prize for outstanding achievement in a PhD, and continued his research at postdoctoral level. Before university, he worked as a computer programmer.
He undertook a law conversion course at City University, which he completed with distinction, and was graded outstanding on the bar vocational course. James has been awarded several scholarships by Lincoln's Inn and was called to the Bar in 2005. He specialises in all areas of intellectual property law, including patents, trade marks, copyright, registered and unregistered design rights, database rights, passing off, confidential information and related areas, including media and entertainment.
Recent trials include:
Passing off - Knight v Beyond (Jan 2007), acting as junior counsel for the successful defendants in relation to allegations of passing off by Beyond's 'Mythbusters' television programme, having assisted during pupillage in an application ([2007] 1 W.L.R. 625) for a costs capping order against the claimant.
Patents - Monsanto Technology LLC v Cargill International SA (June 2007), acting as junior counsel for the claimant in a claim for infringement of a patent relating to Monsanto's RoundUp ReadyŽ technology. Nichia Corporation v Argos Ltd (May 2007), acting as junior counsel for the claimant respondent in the Court of Appeal on the issue of whether disclosure should be given by the patentee in relation to obviousness.
Examples of cases in which he assisted during his pupillage are:
Patents - Schering-Plough Ltd v Norbrook Laboratories Ltd [2006] F.S.R. 18, action relating to the obviousness and sufficiency of a patent for a combination drug for veterinary use. TEVA Pharmaceuticals and others v Merck (2006), appeal to the EPO Technical Board of Appeal on opposition to a claim for a dosage regime. Rhone-Poulenc Rorer International Holdings Inc v Yeda Research and Development Co Ltd (2006), appeal to the High Court relating to the effect of a limitation period upon amendments to an entitlement claim.
Trademarks and passing off - Roche Products Ltd v Kent Pharmaceuticals Ltd (2006), application for summary judgment on parallel imports and the meaning of consent with respect to exhaustion of rights. Intel Corporation v CPM United Kingdom Limited (2006), appeal to the High Court on the question of unfair advantage and detriment relating to an application for invalidity.
Copyright - 19TV v FremantleMedia and Simon Cowell (2005), action relating to the protection of a television format (settled at the start of trial).