Intellectual property in London Bar
11 South Square
11 South Square is consistently involved in high-profile, IP-related first instance trials and appeals. In recent work, Iain Purvis QC acted for Edwards Lifesciences in a long-running patent action, brought by Evalve and Abbott, in relation to patents for devices for treating the heart's mitral valve; Michael Silverleaf QC successfully acted for ASDA in consolidated proceedings that concerned a single dispute over trade mark 'TAILOR & CUTTER'; and Mark Vanhegan QC appeared for Philips in a five-day Court of Appeal hearing, following three Patents Court infringement trials in 2018. In recent news at the junior level, Anna Edwards-Stuart was appointed Standing Counsel for the Comptroller of Patents, Designs and Trade Marks in 2019.
Patents, copyright and trade mark disputes are the mainstays of 8 New Square's members who regularly appear before the Supreme Court, as well as in other higher court litigation. In one of 2019's largest IP cases, Martin Howe QC led in the long-running Glaxo v Sandoz, which concerned the alleged passing off of pharmaceutical inhalers for asthma treatment, while Andrew Lykiardopoulos QC appeared for Huawei in the Supreme Court in the first contested FRAND (fair, reasonable and non-discriminatory terms) case in the UK. Also of note, Michael Tappin QC has a leading telecoms IP practice, and is a go-to counsel on pharmaceuticals and biotechnology work. In recent news, Richard Meade QC has taken up an appointment as a High Court judge as of 7 September 2020.
'Premier IP set' Three New Square has 'good strength in depth at both senior and junior level', and 'senior clerk Nick Hill leads the clerks with aplomb as well as providing excellent service'. Guy Burkill QC is increasingly focused on smartphone sector-related patent litigation; and Douglas Campbell QC acted in Icescape v Ice-World, which was the first Shorter Trial Scheme IP trial to come before the Court of Appeal. At Supreme Court level, Tim Austen acted in one of the highest-profile patent cases of recent times, namely Warner-Lambert v Actavis & Mylan; and in 2019, Stuart Baran was appointed Standing Counsel to the Comptroller-General of Patents, Designs and Trade Marks for three years. The future of chambers looks bright thanks to rising stars Dr Charles Brabin, Georgina Messenger, and Dr Daniele Selmi.
Hogarth Chambers is a specialist IP set that acts in relation to all aspects of the enforcement of IP rights; its members regularly appear in courts at the highest level, including significant recent decisions of the Court of Justice of the European Union (CJEU). For example, Andrew Norris QC, who took silk in 2020, represented Tullianan Burlington in a leading trade mark case that was appealed to the CJEU. Elsewhere in chambers, Roger Wyand QC represented ATB Sales in a logo copyright infringement action, and Nicholas Caddick QC acted in TBD (Owen Holland) v Simons & others, which involved High Court proceedings for infringement of IP rights and conspiracy.
One Essex Court's 'barristers excel in IP expertise and have great strength in depth'. The chambers' members have particular experience in IP disputes involving trade marks, passing off, copyright, designs, patents, comparative advertising, database rights, trade secrets and privacy. In one recent matter of note, Geoffrey Hobbs QC and Guy Hollingworth acted for the defendants in a trade mark infringement claim, which arose from the use of the name 'Merck' by both parties. Philip Roberts QC regularly advises on the IP aspects of IT disputes. He acted for the claimants in a trade mark infringement action, which arose out of the misleading use of the mark 'CARPHONE WAREHOUSE'. An up-and-coming junior of note, Alaina Newnes is described as 'more than able to stand her ground against more senior counsel in court proceedings'.
Blackstone Chambers is 'a very well-organised set'. Although best known for its soft IP expertise, the chambers' members also possess significant contentious IP experience, particularly in media and entertainment. Robert Howe QC is 'exceptionally talented in all areas, and very calm and insightful in court'. Michael Bloch QC, who 'has a superb intellect', and James Segan QC, who took silk in 2020, acted for Huawei in a FRAND-related claim brought by Conversant, a Nokia patents-associated licensing entity; and Ian Mill QC acted for musician Ed Sheeran (and others) in seeking a declaration that they did not infringe the defendants' copyrights in writing and exploiting the song, 'Shape of You'.