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Caitlin Heard

Caitlin Heard

CMS, London

Position

Partner

Career

Caitlin is a highly experienced intellectual property litigator and solicitor advocate specialising in technology related disputes. She has acted on a number of ground-breaking cases across the full spectrum of IP rights, including one of the earliest cases in the UK dealing with infringement of Standard Essential Patents and FRAND licensing. Caitlin's particular area of expertise is multi-jurisdictional litigation, and she has considerable experience providing strategic counsel and coordination of international litigation strategy.

In the patent domain, Caitlin has acted on a number of high profile pharmaceutical and technology disputes across a range of technical areas including telecommunications, information security, mobile banking and ticketing, quantum computing, construction, medical devices, and biotech. Caitlin has represented clients in front of the General Court, Court of Appeal, High Court, IP Enterprise Court and UKIPO. She has led a number of patent disputes before the Courts including: Vringo v ZTE; Clearswift v Glasswall; Silence Therapeutics v Alnylam; Regen v Estar; Mobilize v Tesco; ML Accessories v Aurora; Mobile VPT v Monitise; Eco Coverage v UK Flood Barriers.

Caitlin has particular expertise advising clients on their IP strategy in respect of Standard Essential Patents and FRAND licensing disputes, and has acted on several standard essential patent disputes across a number of jurisdictions. Caitlin has co-authored a textbook chapter in “Intellectual Property in Electronics and Software” (published by Globe Law and Business in 2019), relating to standard setting, competition law and FRAND licensing in Europe.

She also has significant experience advising clients in the life sciences sector, where she has advised clients on product launch strategy and regulatory exclusivity, and has experience providing strategic advice to clients relating to decisions of, and complaints made to, regulatory bodies including the MHRA and EMA.

On design and brand protection, Caitlin has acted for a number of household names. She has handled complex trade mark disputes in the High Court for Sky (Sky v Philex; Sky v Sky Insurance) and Nvidia (Nvidia v Hardware Labs), and design right disputes in the High Court and IP Enterprise Court for ML Accessories (GB Electrical v ML Accessories) and Decathlon (Berghaus v Decathlon).

She also has significant expertise advising clients on rights in data, and acts for a number of clients in the betting and gaming industry on the enforcement and protection of database rights in betting data.

Post-Brexit, Caitlin continues to hold representation and audience rights before the EUIPO and the Court of Justice of the European Union. Caitlin is English and Irish qualified, and operates her EU trade mark and design practice from our Polish office.

Memberships

AIPPI IPLA ChIPs EPLaw

Education

2014 – Higher Courts (Civil Advocacy) Qualification, BPP Professional Education, London 2012 – Postgraduate Diploma in Intellectual Property Law and Practice, Oxford University, Oxford 2009 – Legal Practice Course (LPC), BPP Law School, London 2007 – Bachelor of Laws (LLB), University of Essex, Colchester

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