David Rose > Mishcon de Reya LLP > London, England > Lawyer Profile
Mishcon de Reya LLP Offices
- Go to...
Dispute Resolution - Intellectual Property
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.
Partner, Mishcon de Reya LLP; Partner and Head of IP for Europe, King & Wood Mallesons LLP (formerly SJ Berwin) (September 1992 to May 2016)
Chartered Institute of Patent Attorneys; Institute of Trade Mark Attorneys; International Trademarks Association.
Queen Mary, University of London (Masters in Intellectual Property Law); University of Manchester (Law)
Mishcon de Reya LLP provides a ‘seamless end-to-end service’ to clients across the fashion, retail, media and entertainment, automotive and pharmaceutical sectors and covers the full spectrum of trade mark prosecution matters, from searches and filing programmes to registry proceedings, as well as developing international portfolios. The team is noted for its expertise in enforcement mandates and is well-placed to leverage the firm’s global footprint to act for US, Chinese, Indian, Japanese and EU firms seeking advice on trade mark matters. Under the ‘fantastic direction’ of Sally Britton, the practice includes litigator David Rose, who is praised as ‘excellent in guiding clients through registrations to contentious litigation’.
London > TMT (technology, media and telecoms) > Intellectual property: patents (contentious and non-contentious)(Hall of Fame)
Mishcon de Reya LLP‘s IP practice is praised for its ability to ‘ provide multi-faceted advice, strategy and litigation across the entire spectrum of IP’. Clients, particularly from the pharmaceuticals, biotechnology, medical devices, chemicals, telecoms and automotive industries, trust the team to provide patent counselling, enforcement advice and knowledge of validity challenges and transactions, both domestic and cross-border in nature. David Rose is the head of the IP disputes and patents groups, specialising in rights protection and enforcement programs, including SEPs and FRAND licensing. The team is also home to Helen Conlan, whose practice focuses on the TMT sector; she advises on a number of patent disputes pertaining to mechanical and digital medical devices. Jeremy Hertzog is a key contact for pharmaceuticals, technology and automotive clients, and Campbell Forsyth joined the team in 2022 from Dentons, bringing with him 20 years of experience in technically complex cross-border patent disputes.
London > TMT (technology, media and telecoms) > Intellectual property: trade marks, copyright and design
Fielding an ‘all-star’ team with a very good practice, Mishcon de Reya LLP‘s IP offering is spearheaded by trade mark litigation and enforcement expert Jeremy Hertzog, who is known particularly for his anti-counterfeiting expertise. Within the team is also David Rose, who leads the IP disputes group; his ‘strong on detail and strategy’ approach is notable to clients, having acted in a number of high-profile cases before the UK and EU courts, including the higher UK courts and IPEC. Sally Britton is the go-to partner for brands, particularly in the retail sector, while commercial matters and transactions are the purview of Lewis Cohen, who advises on the full range of commercial IP, including media and sports agreements in relation to the use and exploitation of IP rights. Recent highlights for the team include advising several household names, including acting for Sky in a trade mark infringement case before the Court of Appeal. Criminal IP is another area of expertise for the team, leveraged through the firm’s white-collar crime practice. Cassandra Hill was promoted to the partnership in 2021 and Campbell Forsyth joined the team from Dentons in 2022.
- Hall of Fame - London > TMT (technology, media and telecoms) > Intellectual property: patents (contentious and non-contentious)
- Intellectual property: trade marks, copyright and design - London > TMT (technology, media and telecoms)
- Intellectual property: patents (contentious and non-contentious) - London > TMT (technology, media and telecoms)
- PATMA: Trade mark attorneys - London > TMT (technology, media and telecoms)
Top Tier Firm Rankings
- Private client > Art and cultural property
- Private client > Contentious trusts and probate
- Employment > Employers
- Private client > Family
- Crime, fraud and licensing > Fraud: civil
- Crime, fraud and licensing > Gaming and betting
- Transport > Travel
- Employment > Immigration
- TMT (technology, media and telecoms) > Intellectual property: trade marks, copyright and design
- Employment > Health and safety
- Private client > Personal tax, trusts and probate
- Real estate > Property litigation
- Real estate > Residential property
- Employment > Senior executives
- Public sector > Administrative and public law
- Real estate > Commercial property: investment
- Dispute resolution > Competition litigation
- Public sector > Education: individuals
- Crime, fraud and licensing > Fraud: white-collar crime (advice to individuals)
- Insurance > Insurance litigation: for policyholders
- Corporate and commercial > Partnership
- Crime, fraud and licensing > Private prosecutions
- TMT (technology, media and telecoms) > Reputation management
- Industry focus > Retail and consumer
- Real estate > Commercial property: development
- Real estate > Construction: non-contentious
- Risk advisory > Data protection, privacy and cybersecurity
- Employment > Employee share schemes
- Corporate and commercial > Financial services: contentious
- TMT (technology, media and telecoms) > Franchising
- TMT (technology, media and telecoms) > Intellectual property: patents (contentious and non-contentious)
- TMT (technology, media and telecoms) > PATMA: Trade mark attorneys
- Real estate > Planning
- Risk advisory > Regulatory investigations and corporate crime (advice to corporates)
- Dispute resolution > Tax litigation and investigations
- Industry focus > TMT
- Public sector > Civil liberties and human rights
- Corporate and commercial > Commercial contracts
- Dispute resolution > Commercial litigation: premium
- Corporate and commercial > Corporate tax
- Industry focus > Hospitality and leisure
- Dispute resolution > International arbitration
- TMT (technology, media and telecoms) > IT and telecoms
- Industry focus > Life sciences and healthcare
- Corporate and commercial > M&A: lower mid-market deals, £50m-£500m
- Real estate > Property finance
- TMT (technology, media and telecoms) > Sport
- Dispute resolution > Banking litigation: investment and retail
- Real estate > Construction: contentious
- TMT (technology, media and telecoms) > Media and entertainment (including media finance)
- Corporate and commercial > Private equity: transactions - mid-market deals (up to £250m)
- Corporate and commercial > EU and competition
- Private client > Charities and not-for-profit