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.
England - London • TMT (technology, media and telecoms)
Mishcon de Reya LLP
An ‘excellent team with huge experience’, Mishcon de Reya LLP’s capabilities include the full gamut of contentious and non-contentious issues, assisting clients from technology-rich sectors such as pharma, telecoms and engineering. Steering the team is David Rose, who specialises in rights protection and enforcement programmes across a variety of IP, alongside possessing vast experience in litigation. Key contact Campbell Forsyth, regarded as a ’force to be reckoned with’, is well-versed in issues such as cross-border strategy and exploitation, among others. Jeremy Hertzog routinely represents clients in the fields of pharma, technology, software, fashion and luxury goods, whilst Gareth Dickson is noted for his expertise in handling the resolution of disputes for innovators and entrepreneurs, as well as his work in the technology sector. Patrick Farrant is particularly active in the life sciences space. Counsel Justin Lambert is another name to note.
Legal 500 Editorial commentary
Testimonials
Collated independently by Legal 500 research team.
‘Campbell Forsyth is a force to be reckoned with. In complex patent litigation, he has a unique ability to keep all the interrelated points in his head to ensure his advice is robustly stress-tested.’
‘I would recommend Justin Lambert to others and I consider him to be an excellent litigator.’
‘An excellent team with huge experience.’
'Justin Lambert is able to assimilate different areas of technology without apparent difficulty. I would highly recommend him to clients.’
‘David Rose is at the top of his game - a statesman of the IP profession.’
‘Justin Lambert is a skilled litigator. He comes up with arguments and approaches to issues that others do not consider.'
Key clients
- Dr Reddy's Laboratories
- Zentiva
- Positec
Work highlights
- Acting for Dr Reddy's Laboratories (UK) Limited in a significant follow-on cross-undertaking damages claim against Warner-Lambert in relation to its invalid pregabalin second medical use patent.
- Acting separately for Zentiva Pharma UK Limited and Dr Reddy's Laboratories (UK) Limited in a multi-party pharmaceutical dispute regarding a patent for a dosage regimen relating to fingolimod.
- Acting for a multinational technology company on a significant patent infringement dispute in the Patents Court.
Lawyers
Hall of Fame
The lawyers at the very top of the profession, widely known and respected by peers and clients for their longstanding involvement in market-leading work.
Leading individuals
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.
Practice head
The lawyer(s) leading their teams.
David Rose