
Tim Austen
Tim practises in all aspects of intellectual property law, with a particular focus on patents, trade marks and confidential information. He is a graduate in biochemistry and has broad experience in patents disputes, in particular those in the life sciences sector. He has appeared in the Supreme Court, the Court of Appeal, the High Court and the Intellectual Property Enterprise Court. Tim has also appeared in opposition and appeal proceedings before the European Patent Office, in trade mark proceedings before the General Court, and in patent and trade mark proceedings before the UK Intellectual Property Office.
Selected recent cases:
Patents
Teva v AstraZeneca (dapagliflozin, diabetes, patents) – important case on plausibility heard by the High Court, the Court of Appeal, and appealed to the Supreme Court (permission refused).
Salts Healthcare v Pelican Healthcare (ostomy pouches, patents) – pending appeal to be heard in 2026. Issues of infringement under the doctrine of equivalents, in particular Actavis question 3.
Abbott Laboratories x Dexcom (on-body glucose monitoring devices) – pending appeal.
Accord Healthcare v Janssen (ustekinumab, Crohn’s disease, patents)
Warner-Lambert v Actavis (second medical use patent, trial, appeals to the Supreme Court, and subsequent damages inquiry)
JCB Excavators v Manitou (control systems for telehandlers, patents, Court of Appeal)
STADA Arzneimittel v Bayer Intellectual Property (rivaroxaban, injunctions, patents)
Coloplast v Salts Healthcare (ostomy pouches, patents)
Flynn Pharma & Neurim v Viatris (melatonin, damages inquiry, patents)
Edwards Lifesciences v Meril (heart valves, patents)
Trade marks
Foundation for the Protection of Halloumi v Fontana (certification mark for Halloumi cheese, UKIPO)
Match Group v Muzmatch (online dating services, High Court trial and Court of Appeal)
Fidelity Investments v Fidelis Insurance (trade marks, passing off)
The Military Mutual v Police Mutual (extended passing off)
Other rights
AlfaSharp v ADG Capital Management (database right, copyright, breach of contract)
Salt Ship Design v Prysmian Powerlink (confidential information, cable laying ship design)
Coward v Phaestos (confidential information, copyright, business software)
TF3 & Conair (patents, unregistered designs, haircare devices, and EPO proceedings)
The Racing Partnership v SIS (database right, copyright, confidential information)
Sandoz v Reckitt Benckiser (damages enquiry following breach of competition law)
Tim appears led and unled, and has represented parties unled in IPEC trials and in appeals, and in substantial applications in the High Court.




















