David Rose > Mishcon de Reya LLP > London, England > Lawyer Profile

Mishcon de Reya LLP Offices

Mishcon de Reya LLP
AFRICA HOUSE
70 KINGSWAY
LONDON
WC2B 6AH
England
Visit website 020 3321 7000 020 7404 5982

David Rose

David Rose photo
020 3321 6331 david.rose@mishcon.com View profile

Work Department

Dispute Resolution - Intellectual Property

Position

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.

Career

Partner, Mishcon de Reya LLP; Partner and Head of IP for Europe, King & Wood Mallesons LLP (formerly SJ Berwin) (September 1992 to May 2016)

Memberships

Chartered Institute of Patent Attorneys; Institute of Trade Mark Attorneys; International Trademarks Association.

Education

Queen Mary, University of London (Masters in Intellectual Property Law); University of Manchester (Law)

Lawyer Rankings

London > TMT (technology, media and telecoms) > Intellectual property: patents (contentious and non-contentious)

(Hall of Fame)

David Rose – 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.

London > Industry focus > Life sciences and healthcare

Noted by clients for its ‘great pedigree‘, the team at Mishcon de Reya LLP has broad knowledge spanning digital health, crop science, and veterinary medicine. Joining the practice with his team through the firm’s merger with Taylor Vinters, Patrick Farrant co-heads the practice alongside Campbell Forsyth. Farrant has deep expertise in the negotiation of biotech IP deals and licences, while Forsyth handles a broad range of patent disputes before the High Court. Hailed by clients as a ‘statesman at the top of his game‘, David Rose is particularly apt at advising on the protection and enforcement of IP rights, FRAND terms, and the protection of SPCs. Praised for his ‘blue sky thinking‘, counsel Justin Lambert has vast expertise in matters concerning the freedom to operate, and often acts in infringement disputes.

London > TMT (technology, media and telecoms) > Intellectual property: trade marks, copyright and design

(Hall of Fame)

David Rose – 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.

London > TMT (technology, media and telecoms) > Media: Film & TV

Steered by media practice head Lewis Cohen, Mishcon de Reya LLP works with a number of leading broadcasters, production companies, and other film and television industry players on a range of corporate, commercial, and IP-intensive matters. Other key names include Adam Rose, a highly experienced commercial partner, and David Rose, who regularly works with clients on the protection and enforement of IP rights.

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