Barrister specialising in all areas of intellectual property, including patents, trade marks, passing off, copyright, know-how, breach of confidence, comparative advertising and domain names. Represents clients in the Court of Appeal, CJEU,High Court, Intellectual Property Enterprise Court and UK Intellectual Property Office. Please see profile at www.hogarthchambers.com.
Called 2009, Gray’s Inn; senior subeditor at ‘New Scientist’ for a number of years; Anthony Bessemer Clark Scholar 2007-08 and Lord Justice Holker Scholar 2008-09; co-author of ‘A User’s Guide to Trade Marks and Passing Off’. Ben alsoco-edits ‘Clerk & Lindsell on Torts’ and ‘Copinger & Skone James on Copyright’, and contributed to ‘Moral Rights’. Recent cases include: Mitsubishi v Archos – patent dispute, settled (instructed by Pinsent Masons); Conversant v Huawei – advising on expert evidence in patent/FRAND dispute (instructed by Allen & Overy); Excel-Eucan Ltd v Source Vagabond System Ltd [2019] EWHC 3175 (Pat) – patent dispute concerning ammunition stowage bags (Instructed by Asserson Law Offices); A v B (Hewlett Packard Enterprise Co v Manchester Technology Data (Holdings) Ltd) [2019] EWHC 2089 (Ch) – landmark ruling on approach to interrogation of digitally imaged data collected under an SSO (instructed by gunnercooke); ATB Sales Ltd v Rich Energy Ltd [2019] EWHC 1207 (IPEC) – copyright infringement dispute concerning logo for energy drinks (instructed by Hall Ellis Solicitors); PulseOn Oy v Garmin (Europe) Ltd [2019] EWCA Civ 138 – dispute over design rights in fitness watches; successfully resisted appeal against first-instance win (instructed by Powell Gilbert); Unwired Planet International Ltd v Huawei Technologies Co Ltd [2017] EWCA Civ 266 – appeal from findings of one of the technical trials in this long-running patent dispute (instructed by Powell Gilbert); Thoratec Europe Ltd v AIS GmbH Aachen Innovative Solutions [2016] EWHC 2637 (Pat) – patent dispute concerning catheter-based blood pumps for assisting cardiac output (instructed by Ropes & Gray International / White & Case); Property Renaissance Ltd (t/a Titanic Spa) v Stanley Dock Hotel Ltd (t/a Titanic Hotel) [2016] EWHC 3103 (Ch) – trade marks and passing off case (instructed by Taylor Wessing); Nicocigs Ltd v Fontem Holdings 1 BV [2016] EWHC 2161 (Pat) – patent dispute about electronic cigarettes (instructed by Powell Gilbert); Vringo Infrastructure v ZTE UK [2014] EWHC 3924 (Pat) – junior for Vringo, whose 3G/LTE network handover patent was found to be valid and infringed (instructed by Powell Gilbert).
Basic German.
Intellectual Property Bar Association.
Castle School, Thornbury; Abingdon School, Abingdon; Pembroke College, Oxford (2000 BA Mathematics); BPP Law School (2009 BVC); City Law School (2009 GDL).
Running, photography, classical guitar.