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
Led by David Rose, the ‘commercially minded’ team Mishcon de Reya LLP fields an IP offering that possesses breath and depth, with particular strengths in IP disputes and enforcement. The firm is notably involved in the Sky v Skykick case, among other instances of high-profile and complex litigation. Jeremy Hertzog is renowned for his work in handling contractual disputes, alongside a strong anti-counterfeiting practice. Sally Britton heads the firm’s brands group, and routinely advises clients on IP protection and enforcement, while Lewis Cohen, who leads the firm’s IP transactional team, has strengths in the full range of commercial, IP and media agreements. Louisa Dixon’s expertise lies in trade marks and brands, while Peter Nunn has significant trade secrets knowledge. Cassandra Hill and Justin Lambert are also recommended.
Legal 500 Editorial commentary
Testimonials
Collated independently by Legal 500 research team.
‘Mishcon de Reya's practice is unique in its deep understanding of the sector and its ability to provide clear and practical advice that takes into account both legal and business considerations. The team has extensive experience working with clients in the TMT space, and has a proven track record of delivering results.'
- 'One of the key strengths of Mishcon de Reya's TMT practice is its ability to provide commercially minded advice that is tailored to each client's specific needs. The team takes the time to understand their clients' business objectives and works collaboratively to find solutions that meet those objectives.'
- 'They are very good at managing expectations and communicating clearly and regularly throughout the course of a project.'
- 'Mishcon de Reya has also introduced a number of innovations that have helped to improve the client experience. For example, they have invested in technology to streamline processes and improve efficiency.’
‘What sets them apart from competitors is their ability to provide tailored advice that is focused on achieving their clients' business objectives.'
- 'They stand out for their strategic thinking and their ability to work collaboratively with the Bar and with clients. In my experience they are proactive, responsive, and efficient, and always go the extra mile to ensure that their clients are satisfied with the work that they do.’
Key clients
- Sky
- Global
- Iceland Foods
- Hewlett Packard Enterprise (HPE)
- Alexander McQueen
- Schneider
- Nuclei/IWG
- Vetsure
- Ladbrokes Betting & Gaming
- Lidl
- Bet365
- Thom Browne
- Nintendo
- Weiss
- CBS
- Sony Interactive Entertainment
- WeWork
- Deloitte
- Guinness World Records
- Lion Capital
- Hg Capital
- Apax
- Health & Happiness
- Citizen Watches
- Percy & Reed
- Wildwood Restaurants
- Everyman Cinemas
- Crown Estate
- One Plus
- K-Swiss
- David Yurman
- AC Cars
Work highlights
- Acting for Sky in ongoing trade mark infringement claim against SkyKick, including proceedings before the Supreme Court and CJEU.
- Acting for Iceland Foods in EUIPO Grand Board of Appeal proceedings relating its trade mark for ICELAND.
- Acting for office space brokerage company Nuclei Limited and certain members of the IWG plc group (operator of the Regus services office group), defending trade mark infringement proceedings by EasyGroup in relation to use of the sign "Easy Offices".
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.
Next Generation Partners
Practice head
The lawyer(s) leading their teams.
David Rose