Mr Tim Austen > Three New Square Intellectual Property > London, England > Barrister Profile
Three New Square Offices
Three New Square
3 NEW SQUARE, LINCOLN'S INN
LONDON
WC2A 3RS
England
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Mr Tim Austen
Work Department
Intellectual property disputes, including patent, trade mark, copyright, design right and trade secret litigation.
Position
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
Teva v AstraZeneca (dapagliflozin, diabetes, patents)
Abbott Laboratories x Dexcom (on-body glucose monitoring devices)
Accord Healthcare v Janssen (ustekinumab, Crohn’s disease, patents)
Warner-Lambert v Actavis (second medical use patent, trial, appeals to the Supreme Court, and subsequent damages inquiry)
JCB Excavators v Manitou (control systems for telehandlers, patents, Court of Appeal)
Salts Healthcare v Pelican Healthcare (ostomy pouches, patents)
STADA Arzneimittel v Bayer Intellectual Property (rivaroxaban, injunctions, patents)
Coloplast v Salts Healthcare (ostomy pouches, patents)
Flynn Pharma & Neurim v Viatris (melatonin, damages inquiry, patents)
Edwards Lifesciences v Meril (heart valves, patents)
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).
Career
2012 onwards Barrister at Three New Square
2012 Called to the Bar (Lincoln’s Inn)
2007-2012 Allen & Overy, London 2008-2009 Fenwick & West, San Francisco, USA
Languages
Italian, French (both basic knowledge).
Memberships
IP Bar Association; contributor to Terrell on the Law of Patents (currently the 20th edition).
Education
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).
Leisure
Football, tennis, quizzes, bringing up children. Sometimes seen on a 5-a-side football pitch.
Lawyer Rankings
London Bar > Intellectual property
(Leading Juniors)Ranked: Tier 3Tim Austen – Three New Square ‘Tim is a strong patents junior barrister with a great personality. He is on top of all facets of the case and provides excellent advice throughout.’
‘IP powerhouse’ Three New Square is home to a number of active barristers including Guy Burkill KC, who boasts particular expertise in the patent litigation arena, especially in cases surrounding the telecoms and technology industries. Douglas Campbell KC is another notable silk, and he practices in patent, trade mark, and confidential information cases. Thomas Hinchliffe KC also specialises in patent-related work, specifically in cases involving the pharmaceutical, biotechnological and computing sectors. Tom Mitcheson KC is another active team member who has been instructed on a large volume of leading and high-profile cases. Turning to the juniors, Denise McFarland has a thriving trade marks practice, and Tim Austen regularly appears before a range of courts for his clients, including the Patents Court, the Intellectual Property Enterprise Court, the Court of Appeal, and the Commercial Court, as well as the EPO.