Tim Austen

Intellectual property disputes, including patent, trade mark, copyright, design right and trade secret litigation.

Tim practises in all aspects of intellectual property law, with a particular focus on patents, trade marks and confidential information. He is a graduate in biochemistry and has broad experience in patents disputes, in particular those in the life sciences sector. He has appeared in the Supreme Court, the Court of Appeal, the High Court and the Intellectual Property Enterprise Court.  Tim has also appeared in opposition and appeal proceedings before the European Patent Office, in trade mark proceedings before the General Court, and in patent and trade mark proceedings before the UK Intellectual Property Office.

Selected recent cases:

Patents

Abbott Laboratories x Dexcom (on-body glucose monitoring devices)

Warner-Lambert v Actavis (second medical use patent, trial, appeals to the Supreme Court, and subsequent damages inquiry)

JCB v Manitou (control systems for telehandlers, appeal pending)

Coloplast v Salts Healthcare (ostomy pouches)

Moderna v Pfizer & BioNTech (covid vaccines)

Coloplast v MacGregor Healthcare (catheters)

Edwards Lifesciences v Meril (heart valves)

Trade marks

Match Group v Muzmatch (online dating services, High Court trial and Court of Appeal)

Fidelity Investments v Fidelis Insurance (trade marks, passing off)

The Military Mutual v Police Mutual (extended passing off)

Victoria’s Secret v The Beauty Traders (trade marks, parallel imports)

Other rights

AlfaSharp v ADG Capital Management (database right, copyright, breach of contract)

Salt Ship Design v Prysmian Powerlink (confidential information, cable laying ship design)

Coward v Phaestos (confidential information, copyright, business software)

TF3 & Conair (patents, unregistered designs, haircare devices, and EPO proceedings)

The Racing Partnership v SIS (database right, copyright, confidential information)

Sandoz v Reckitt Benckiser (damages enquiry following breach of competition law)

Tim appears led and unled, and has represented parties unled in IPEC trials and in appeals, and in substantial applications in the High Court, including for amendment of pleadings (Salt Ship Design v Prysmian Powerlink), summary judgment (Price v Flitcraft), disclosure and collateral use of disclosed documents (JCB v Manitou), contempt of court and committal (Price v Flitcraft).

Oxford University (Somerville College) (1998-2002 MSc Molecular and Cellular Biochemistry); College of Law (2003-04 Graduate Diploma in Law); Oxford Institute of Legal Practice (2004-05 Legal Practice Course); Oxford University (2009-2010 Diploma in Intellectual Property Law and Practice).