Intellectual property: patents (contentious and non-contentious)

Stephen Bennett

Partner

Nicola Dagg

Partner

Myles Jelf

Myles is Joint Head of the patent litigation department. He specialises in intellectual property matters with an emphasis on litigation. While his practice covers the full range of intellectual property rights it has focused in recent years upon high-tech patent litigation for multinational companies – his clients include Samsung, Google, Pratt & Whitney and ZTE. Myles is also part of Bristows' competition department with experience of handling competition disputes before the UK courts and the European Commission. His work within this department has given him considerable experience in the interface between IPRs and anti-trust issues, particularly in the telecoms sector where he has acted in a number of leading UK cases including Samsung v Apple, IPCom v Nokia / HTC, Unwired Planet v Samsung and Conversant v ZTE. This experience has meant Myles is at the front of the developing legal area of FRAND dispute resolution. Myles' post-doctoral level engineering training particularly suits him to the more technically demanding cases within his patent practice. Recent cases within this practice have focused on the computing, telecoms and computer gaming sectors. Myles also, however, acts for a number of industrial clients notably in the aerospace and robotic technology sectors. Myles is a qualified Solicitor-Advocate with full rights of audience before all the UK's civil courts. He is a member of AIPPI and a Board Director of EPLAW. His practice has an international nature, with the vast majority of cases in the last 10 years including the co-ordination of parallel cases in jurisdictions throughout the EU and the US. He has closely followed the development of the pan-European Unified Patent Court (UPC) throughout its gestation, attending and speaking at two of EPLAW’s Venice Patent Judges Congresses in the last five years.

Tim Powell

Senior Counsel and solicitor advocate specialising in intellectual property litigation and healthcare regulatory advice,. particularly large scale patent actions with an international dimension. Acts for a wide range of biotechnology and pharmaceutical companies in disputed IP matters and has had conduct of major cases such as Edwards Lifesciences v Boston Scientific, Illumina v Premaitha and Warner Lambert v Actavis. Also advises clients in industry sectors ranging from petrochemicals to electronics on disputed patent matters. Notable electronics cases include Nokia v Apple, HTC v Apple and Motorola v Microsoft. Has appeared as a solicitor advocate in the High Court, Court of Appeal, House of Lords and CJEU.

David Rose

David is a highly experienced litigator and one of only a small number of IP lawyers in the UK who have taken both patent and trade mark cases to the Court of Justice of the European Union. He has acted in a number of high profile and often ground-breaking cases before both the UK and European Courts including successfully representing Sky in the first passing off case to reach the UK's highest court (the Supreme Court) in over 25 years (Starbucks v. Sky) and acting for Nintendo in securing the first ever blocking injunction against ISPs in reliance on technological protection measures under the UK's copyright legislation. Additional high profile actions include: HTC v Gemalto; Sky v Microsoft; Napp v Sandoz; ratiopharm v Alza; Sky v Skype; Marks & Spencer and others v One in a Million; Lupin v. Gilead; Ann Taylor v. Holzer; Sony Computer Entertainment v Pacific Game Technology; Racing UK v Satellite Information Services; Arrow Generics v Merck; Cairnstores v Astra Zeneca; and Servier v Lupin. In the patent sphere, David advises on infringement, validity and ownership disputes, the scope of protection of Supplementary Protection Certificates (SPCs) and disputes over standard essential patents (SEPs) including their licensing on FRAND terms (principally for implementers). He also has considerable experience advising on "clearing the way" strategies in relation to pharmaceutical patents. Recent representations include acting for Lupin in its successful application to revoke Gilead's SPC for the HIV treatment Truvada® following hearings before the Grand Chamber of the Court of Justice of the EU and the Court of Appeal in London. In the area of brand and design protection, David has extensive experience advising on brand and design portfolio management with particular expertise acting in administrative proceedings before the UKIPO and the EUIPO and their respective appellate tribunals, including appearing successfully in numerous cases before the General Court of the EU.  David is one of only eight UK IP lawyers listed in the Legal 500 "Hall of Fame", is ranked as a leading individual in Chambers (IP, life sciences and patent litigation), IAM Patent 1000 (patents and life sciences), Who's Who Legal (patents, life sciences and trade marks) and is recognised as one of World Trademark Review's "Global Leaders".  Recent commentary from the directories includes: "tough as nails... a 'natural litigator' who is 'experienced and aggressive" (World Trademark Review); "a real client's lawyer, always very tenacious in looking after their interests…He is good to work with and gets the best out of his team." and "has impeccable judgement on strategic matters" (Chambers); "outstanding experience in this arena makes him a force of nature in the courtroom" (IAM Patent 100). David was recognised as the UK Practitioner of the Year at the 2020 Annual Managing IP EMEA Awards.

Christina Guazzi

Counsel

Jennifer Antcliff

Jenny is a partner in the firm’s Dispute Resolution team, ranked as a Next Generation Partner by Legal 500 (2022) and an Up and Coming Partner by Chambers & Partners (2022). Her patent litigation expertise focusses on biotechnology and pharmaceutical products, including blockbuster small molecule drugs, therapeutic antibodies and orphan medicines. According to Legal 500 (2022), Jenny is “one of the best patent litigators in London”. Jenny has litigated before the UK Patents Court, the Court of Appeal and the Supreme Court, most notably the Eli Lilly v Human Genome Sciences cases, and the Warner-Lambert v Actavis (“pregabalin”) litigation. Jenny has since represented FibroGen against Akebia in a further significant and successful appeal to test the boundaries of UK law on sufficiency (Impact Case of the Year, MIP 2022). Jenny also specialises in complex SPC litigation and associated regulatory advice, many cases involving references to the CJEU or EFTA Court, including C-493/12 Eli Lilly v Human Genome Sciences, E-16/14 Pharmaq v Intervet, C-577/13 Actavis v Boehringer Ingelheim, C-443/17 AbraxisBioscience and, most recently, Teva v Janssen Pharmaceutica (Xeplion®). Jenny was awarded SPC Litigator of the Year at the LMG Life Sciences Awards (EMEA) in 2023 and 2022. As a “highly skilled patent litigator with an extensive knowledge of the pharmaceutical industry" (Chambers & Partners, 2022) Jenny increasingly assists her clients in this sector with cross-border patent and SPC litigation matters, working closely with the business and external advisers to align launch or enforcement strategies across Europe. Jenny joined Carpmaels & Ransford from her role as IP Litigation Counsel at Actavis/Allergan, where she handled high-profile patent cases such as Actavis v ICOS (tadalafil) and the LYRICA® (pregabalin) litigation – the first case before the UK Courts in which infringement of a second medical use patent was put in issue. Actavis successfully resisted an interim injunction and any findings of infringement at trial. Jenny trained and qualified at a magic circle firm after obtaining а first class honours degree in biochemistry from Imperial College, London, and а doctorate in molecular and structural biology from the University of Oxford.

Gemma Barrett

Gemma is an experienced patent specialist with a focus on advising clients in the chemical and life sciences sector in relation to patent disputes and strategy.  She has experience before the English Patent Courts and in the worldwide coordination of patent portfolios.Gemma is an experienced and trusted advisor for some of the world’s leading life sciences and chemical companies. She has more than ten years’ experience advising clients in patent litigation matters before the English Courts and providing strategic advice in relation to complex, multi-jurisdictional patent portfolios. He advice is technically excellent but also takes into account the wider commercial implications. Gemma’s focus is on the life sciences and chemical sectors and her 1st in biochemistry provides her with a sound understanding of such disputes.  Her experience involves small molecule pharmaceuticals, molecular diagnostics, biologics, antibodies, antibody technology and industrial chemical processes. Gemma has experience of litigating patents before the English Courts (including obtaining preliminary injunctions) and extensive experience of cross-border litigation within Europe and elsewhere in the world, including India and China. Gemma also coordinates worldwide litigation, working closely with multi-disciplinary teams in the defence and enforcement of patent portfolios. Gemma has developed innovative and successful strategies, often combining patent and regulatory law, to assist pharmaceutical companies in the enforcement of their rights. Gemma has considerable experience in domestic and international arbitrations (including ad hoc arbitration and before the Stockholm Chamber of Commerce). Gemma specialises in arbitration involving technical subject matter and many of her arbitration cases involve very substantial damages claims. Gemma is an experienced presenter and panel member. She is a co-editor of the EPO reports Bristows produces for the CIPA Journal, co-authored the UK chapter of AIPLA’s International Patent Litigation guide and writes on UK and EPO case law for a number of IP blogs.

Katie Coltart

Katie is a patent litigation specialist with a wealth of experience across the life sciences, telecoms and technology sectors. Katie is well-versed in dealing with major cross-border matters requiring significant coordination across multiple forums, and with a degree in chemistry and biology she is well-placed to advise on highly technical subject matters. Katie has worked on the litigation of patents across a broad spectrum of technological subject matters, including those relating to antibody and other protein biologics, biosimilars, biological product development and screening platforms, medical devices, medical diagnostics and sequencing technologies, 2G, 3G, 4G and 5G telecommunications, connected cars, consumer products and FRAND/SEP licensing.

Naomi Leach

Naomi has a strong commercial practice, with particular expertise in relation to transactional IP matters. Her practice includes long-term research collaboration and management agreements, licensing arrangements, outsourcing and service agreements, distribution and manufacturing arrangements and data protection. She also frequently works with corporate finance colleagues on the IP/IT and data protection aspects of M&A transactions. Naomi has significant experience working with clients in IP-rich sectors including life sciences, technology and hotels and leisure. She is also responsible for the firm’s growing digital health practice. In addition Naomi advises on the full range of commercial contracts including long term services agreements, software licensing arrangements and outsourcing agreements and data protection law. Naomi has spent time on secondment with clients of the firm including Accor Hotels. Naomi’s transactional IP experience includes  advising clients on licensing (including franchise and hotel management arrangements), partnering, collaboration and R&D agreements (particularly for Biotech and Pharmaceutical companies) as well as on the IP aspects of mergers, acquisitions and investments. Her recent commercial experience includes advising a life sciences client in relation to the outsourcing of its recruitment services in Europe and Asia, the commercial manufacturing agreement for a pharmaceutical product and advising in relation to the branding and management of an Ultra Luxury hotel in London. Finally, in her data protection practice, Naomi has advised in relation to a number GDPR compliance projects, has worked with various Art Galleries for the purposes of their electronic-marketing practices and has advised in relation to the interaction between GDPR compliance and compliance with the Clinical Trials Regulation.

Jin Ooi

Jin Ooi is an intellectual property litigator in the London office of Kirkland & Ellis International LLP. He is experienced in patent litigation and counselling (including on complex damages inquiries) mainly in the pharmaceutical and life sciences field (second medical use, biosimilars, small molecules, DNA sequencing, vaccines, transgenic animal platforms for antibody discovery), and in the consumer products sector (shaving razors, potentially reduced-risk products including tobacco heating and vapour products, dishwashing tablets, coffee pods and capsules). He is also experienced in litigating and arbitrating trade secrets disputes in the medical devices (bone cements), tech (LNG carriers) and aviation sector (airplane components, airport businesses), in addition to handling antitrust claims (cathode ray tubes, lithium ion batteries, forklift gas).

Richard Pinckney

Richard specialises in IP disputes with a focus on patent litigation and the technology sector.His practice covers all aspects of IP disputes including enforcement and licensing strategies, FRAND issues and SEPs, freedom to operate, breach of confidence and trade secrets, as well as patent validity and infringement. A significant part of his practice involves the coordination of litigation before the UK Courts with parallel proceedings in other jurisdictions, particularly the USA and in Europe, as well as before international patent offices. As a solicitor advocate, Richard is qualified to appear before all courts in England and Wales.Richard has a background in engineering and his technical patent litigation experience includes the telecommunications, computer hardware and software, engineering, human computer interaction and LED lighting sectors. Richard has integrated his technical practice with a significant FRAND practice. He advises on issues arising in disputes relating to international technology standards and patent pools including contract, competition law, enforcement and licensing. Richard has acted in the leading FRAND cases in the UK for Philips, IPCom and Samsung. Richard is a member of AIPPI (Association for Protection of Intellectual Property), EPLAW (European Patent Lawyers Association) and LES (Licensing Executive Society) and is a regular speaker at international conferences on UK patent litigation and FRAND.

Claire Smith

Claire specialises in commercial and intellectual property transactions, most notably in the life sciences, technology, media and consumer product sectors.Claire advises on a wide variety of commercial and IP transactions (the large majority of which are cross-border) and on corporate and investment deals where IP is an important asset. Before becoming a lawyer, Claire spent a number of years working for Abbott Laboratories' medical device business. Since being at Bristows, Claire has also spent time seconded to the in-house legal team of a leading global pharmaceutical company. She is also a member of the UK Bio Industry Association’s Intellectual Property Advisory Committee.Examples of her recent experience include advising: pharmaceutical, biotech, medical device and digital health companies on joint ventures, R&D collaborations, strategic partnerships and licensing deals (with commercial and academic partners) to bring novel treatments and devices to market leading pharmaceutical companies on acquisitions and disposals of rights in medicinal products and the sale of manufacturing and packaging facilities multinational companies on key COVID-19 projects, including collaborations relating to a multijurisdictional clinical trial for a COVID-19 vaccine, and setting up and operating a COVID-19 testing facility SMEs and international organisations on development, services, manufacturing, supply and distribution agreements for a wide range of pharmaceutical, industrial and consumer products a fast-growing start-up on the IP and commercial arrangements relating to the creation, protection and exploitation of a new children’s character.

Sara Ashby

Sara is a partner in the intellectual property team, with over 20 years' litigation experience. Sara has a broad intellectual property litigation practice across all IP rights, with a significant patent practice across a wide range of technical fields, alongside her designs, trade marks and copyright disputes work. She has particular experience and interest in designs law and parallel import matters and, having started life as a general commercial litigator, is particularly adept at dealing with contractual matters and non-standard IP disputes. Sara litigates in the High Court, including under the pilot Shorter Trial Scheme, the Intellectual Property Enterprise Court (IPEC), the registries (the UK IPO and the EUIPO) and the Court of Appeal, and has taken cases to Europe’s highest court, the Court of Justice of the European Union (the ECJ or CJEU), as well as coordinating with parallel litigation in other jurisdictions.

Paul Brown

Partner

Zoë Butler

Specialises in contentious intellectual property matters; practice covers full range of IP rights, acting for clients across a broad range of technical areas and industry sectors, from IT/electronics to biotech/ pharma. Particularly known for her expertise in advising clients in complex patent disputes, with experience before UK High Court, Court of Appeal and Supreme Court, European Patent Office, UK Intellectual Property Office; and extensive experience of co-ordinating parallel litigation in a number of jurisdictions. Also advises on related issues arising from international technology standards, such as patent pools, licensing and FRAND, and counsels on patent litigation strategy, including pharmaceutical lifecycle management, with a wealth of experience in providing freedom to operate and due diligence advice. Teaches on the Oxford University Diploma in IP law and is a contributor to the CIPA Guide to the Patents Act.

Brian Cordery

Brian specialises in intellectual property dispute resolution with a focus on patent litigation in the life sciences sector. Brian has more than 20 years’ experience of litigating patents for successful pharmaceutical products – predominantly for originators. He has also handled patent cases for other sectors including electronics and consumer goods. Brian is presently engaged in several projects relating to the global defence of the intellectual property for some of the world's best–selling pharmaceutical products. This involves the co–ordination of legal teams across the world to ensure that the optimal strategy is pursued at both global and local levels. He is also involved in several intellectual property cases in the English Courts across a broad range of industry sectors. Brian’s practice includes resolving disputes relating to biological medicines as well as small molecule drugs in disease areas including oncology, respiratory, and immunology. Brian is the co–author of an annual review of UK patent cases which is published annually in the CIPA Journal. He also teaches patent law on the Oxford University Diploma on Intellectual Property Law and Practice. He is the co-editor of the Kluwer Patent Blog. In 2018 and 2019, Brian was chosen by Who’s Who Legal as the Life Sciences Patent Litigation lawyer of the year and the Patents lawyer of the year.

Huw Evans

Partner, Head of Patent Litigation (UK)

Rebecca Halford-Harrison

Rebecca is a well-established IP, technology and disputes lawyer. She is recognised as a leader in her field in intellectual property, particularly in relation to chemistry-based industries. These include food and beverage, life sciences and pharmaceuticals, household products, cosmetics, FMCG, plastics, and oil and gas, especially where there is crossover with technology. Rebecca advises on a wide range of matters relating to patents, designs, trade marks, copyright and confidential information, as well as related regulatory issues. She also advises on IP strategy in multi-professional teams, including with management consultants, patent attorneys and tax specialists, as required, to ensure effective extraction of value from IP. Rebecca has been consistently ranked as a leading patent and IP litigator since 2008.

Jeremy Hertzog

Jeremy is the Chair of Mishcon de Reya's Intellectual Property Department. He is a very experienced litigator who specialises in protecting and enforcing IP rights across all IP disciplines including patents, confidential information and trade secrets. He represents clients in a broad range of industries but with a particular emphasis when it comes to patent matters on the pharmaceutical, technology and automotive sectors. Jeremy has extensive experience of both obtaining and defending injunctions. This extends to without notice search, freezing and disclosure orders. He also regularly advises on and represents his clients in complex contractual and licence disputes, often with a multi-jurisdictional element. In addition, Jeremy has been involved in numerous ad hoc arbitrations, subject to a variety of governing substantive and procedural laws, including arbitrations governed by the LCIA, ICC, UNCITRAL, CIArb and ICSID Rules. Chambers and Partners calls him a "great strategic thinker". He is a member of the International Trademark Association (INTA) and the Anti-Counterfeiting Group (ACG). Having joined the Firm in 1996, he has been a Partner since 2003.

Katie McConnell

Counsel

Arty Rajendra

Please see full biography at osborneclarke.com/lawyers/arty-rajendra/

Matthew Warren

Matthew is the head of Bristows’ Commercial IP group and advises on transactions involving the development, exploitation and transfer of intellectual property rights.His scientific background is of particular assistance when negotiating and advising on transactions involving new technologies. He has advised on a number of successful global licensing programmes for the exploitation of new technologies and has also advised in relation to international patent pooling arrangements.He works across many sectors but has particular experience in the pharmaceuticals, biotechnology, medtech, electronics, software, telecoms, petrochemical, cleantech and other industrial sectors. Matthew's experience in negotiating commercial contracts for pharmaceutical, biotechnology and medtech clients includes technology licensing agreements, R&D collaboration agreements, drug development and licensing agreements, clinical trial agreements and option agreements for licences. He also advises pharmaceutical and biotechnology clients on the commercial and intellectual property law aspects of manufacturing, distribution, co-promotion and marketing agreements.The negotiation of agreements to resolve disputes involving intellectual property rights forms a significant part of Matthew’s practice. This has included global settlements to end litigation across multiple jurisdictions involving complex intellectual property, licensing and financial arrangements.He advises on the intellectual property aspects of setting up joint ventures and other collaborations including in relation to the ownership and licensing of intellectual property and improvements. Matthew has particular experience advising on intellectual property issues relating to technical standards including FRAND terms for licensing standard essential patents.Matthew was involved in setting up the IP Transactions Course at the UCL Faculty of Laws, University College London and lectures on the course.

Justin Watts

Partner