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Tom Jones

 


Year of call: 2013

Tom has a broad and busy intellectual property practice appearing before the UKIPO, IPEC, High Court and Court of Appeal.

Tom has experience covering the breadth of intellectual property law including patents, trade marks, passing off, design rights, copyright, confidential information and data protection. Recent highlights have included acting for Unwired Planet in their ground breaking FRAND litigation and for numerous generic pharmaceutical manufacturers in a clearing the way action concerning the drug tadalafil.

Tom also has a busy IPEC practice acting for rights holders and alleged infringers across the spectrum of IP rights.





Recent Cases

In addition to extensive advisory and drafting work across all areas, a selection of Tom’s recent cases to go to trial / appeal are listed below.

Patents

Actavis and Ors v Eli Lilly and Co [2017]
Instructed in a two-day appeal concerning a patent for a dosing regime for the drug tadalafil.

Unwired Plant v Huawei (FRAND) [2017] EWHC 1304 (Pat)
Instructed in a six-week trial concerning the FRAND licensing of a portfolio of mobile telecoms patents. This case was ground breaking being the first in which a “FRAND injunction” was awarded by the courts.

Unwired Planet v Huawei & Samsung (Trial C) [2016] EWHC 576 (Pat)
Instructed in a two-week trial concerning the infringement and validity of a patent for hand-over technologies in mobile telecoms networks.

Unwired Planet v Huawei & Samsung (Trial A) [2015] EWHC 3366 (Pat); [2017] EWCA Civ 266
Instructed in a two-week trial concerning the infringement and validity of a patent for measurement reporting technologies in mobile telecoms networks.

AstraZeneca v KRKA [2014] EWHC 84 (Pat); [2015] EWCA Civ 484
Assisted in a two-week trial and was instructed on a three-day appeal concerning payment on a cross-undertaking in damages in respect of a patent for the generic formulation of the drug esomeprazole.

AGA v Occlutech [2014] EWHC 2506 (Pat)
Assisted in a one-week trial concerning the infringement and validity of a patent for Nitinol devices used in curing congenital atrial septal defects of the heart.

Rovi v Virgin Media [2014] EWHC 1559 (Pat)
Assisted in a one-week trial concerning the infringement and validity of a patent for the set top boxes “Red Button” functionality.

Nampak v Alpla [2014] EWHC 2196 (Pat)
Assisted in an application for summary judgment concerning a declaration of non-infringement of a patent for blow moulded plastic milk containers.
 

Trade Marks & Passing Off 

Burgerista GmbH v UK Prosper Limited 
Instructed in a forthcoming one-day IPEC trial concerning the infringement and validity of the European Trade mark BURGERISTA.

Specsavers v ASDA [2015] F.S.R. 8
Assisted in a half-day appeal concerning matters consequential to the CJEU ruling on the interpretation of Article 9(1)(b) and (c), 15(1) and 51(1)(a) of the CTMR.

NGRS v Milner [2014] F.S.R. 38
Assisted in a two-day IPEC trial concerning infringement and validity of device marks, in addition to copyright infringement and passing off.
 

Designs

G-Star v Rhodi [2015] EWHC 216 (Ch)
Assisted in relation to a 3-day trial concerning infringement of design rights in a particular style of G-STAR jeans.

Jacobson v Crocs [2014] E.C.C. 16
Assisted in a 2-day application for a stay of infringement and invalidity proceedings pending the outcome of proceeding before OHIM, concerning the design of Crocs shoes.
 

Copyright

Absolute Lofts v Artisan Home Improvements [2015] EWHC 2608
Instructed in a one-day IPEC trial concerning copyright in photographs of loft conversions.
 

Damages Inquiries and FRAND

Unwired Plant v Huawei (FRAND) [2017] EWHC 1304 (Pat)
Instructed in a six-week trial concerning the FRAND licensing of a portfolio of mobile telecoms patents. This case was ground breaking being the first in which a “FRAND injunction” was awarded by the courts.

AstraZeneca v KRKA [2014] EWHC 84 (Pat); [2015] EWCA Civ 484.
Assisted in a two-week trial and was instructed on a three-day appeal concerning payment on a cross-undertaking in damages in respect of a patent for the generic formulation of the drug esomeprazole.

Smith & Nephew v ConvaTec [2014] EWHC 3162 (Pat)
Assisted in an application for summary judgment on a particular head of damages in the pending damages inquiry on a cross-undertaken given by ConvaTec in patent proceedings concerning modified cellulose wound dressings.
 

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
» Unwired Planet International Ltd v Huawei Technologies Ltd, Samsung Electronics Co Ltd and others [2016] EWHC 576 (Pat)
» Unwired Planet v Huawei and Samsung [2015] EWHC 3366 (Pat)
» Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd [2015] EWHC 2608 (IPEC)
» AstraZeneca AB & Anor v KRKA dd Novo Mesto & Anor [2015] EWCA Civ 484