Tom is a popular senior junior with a strong patent practice. Recent cases include AutoStore Technology v. Ocado Group, Vernacare v. Moulded Fibre Products, Cook UK v. Boston Scientific, Nicoventures Trading v. Philip Morris, Oxford University Innovation v. Oxford Nanoimaging and Lisa Draxlmaier v. Bos. Trade mark work includes Oatly v. Glebe Farm Foods, PlatetArt v Photobox and Victoria Plum v Victorian Plumbing.
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Penultimate instalment of a series of four patent actions between Philip Morris and BAT concerning ‘heat-not-burn’ technology. The patent in suit was directed to the use of inductive heating in a heat-not-burn device, a...
Having heard a patent trial in which clinicians were called to give fact evidence, the Deputy Judge made observations on Practice Direction 57AC and the effect of derogations obtained without notice on weight. Iain Purv...
Vernacare asserted a patent for a detergent resistant washbowl moulded from paper pulp containing fluorocarbon. The prior art disclosed oil and water resistant food containers moulded from paper pulp containing fluoroca...
This patent revocation and infringement action concerned two Philip Morris patents for “heat not burn” tobacco systems that used inductive heating. The Court held that the patents were valid but not infringed. Iain Purv...
AutoStore asserted a series of patents directed to warehousing robots against Ocado’s robotic warehousing system. The main patents were found invalid on the grounds of prior publication by AutoStore to the Russian Centra...
Dispute over the ownership of IP created by a postgrad student at Oxford University. A postgrad, Mr Jing, was given the task of developing a compact fluorescent microscope by the University’s physics department pending a...
This was an appeal against the decision of Marcus Smith J that four patents for “heat not burn” tobacco products were invalid for obviousness. Philip Morris, the patentee, contended that the Judge had erred in his constr...
Bos applied to strike out a claim for a declaration of non-infringement on the grounds that it served no useful or proper purpose. The application turned on fundamental arguments about the Court’s power’s to control its...
Philip Morris made a successful application to amend their claim to include a claim for Arrow type relief in patent proceedings. James Abrahams KC and Tom Alkin appeared for Philip Morris. [2022] EWHC 1284 (Pat)...
Decision of Meade J addressing infringement and validity of two BAT patents directed to ‘heat-not-burn’ tobacco technology. The Judge found that Philip Morris’s IQOS system would have infringed the patents if valid, but...
The parties operated competing mobile apps offering online photo printing. The claimant’s app was called ‘FreePrints’. The defendant’s app was called ‘Photobox Free Prints’. Both provided a monthly allowance of free p...
Claim for infringement of an early patent covering GPS fitness trackers. Philips argued that the patent had been ‘art-changing’ in 1998 (cf Schlumberger), raising hotly contested issues as to the identity of the skilled...
The parties were competitors in the field of prone surgery supports. The defendants had previously worked for the claimants. The claimants asserted that the defendants had set up their rival business in breach of their...
Appeal from a decision of IPEC upholding the validity of a patent for a range of compositions for making glass fibre. There was no disclosure in the prior art of any individual glass fibre composition falling within the...
This was a claim for a declaration of invalidity and/or non-infringement of three patents, each of which was concerned with features of masks to be used with continuous pressure airway pumps for the treatment of sleep ap...
IPEC trial concerning the validity of a patent claiming a range of glass compositions for use in the making of glass fibre. The claimant alleged that the patent was anticipated by and/or obvious over an earlier US patent...
The parties were competitors in the online bathroom retailing market. They had traded under similar names (Victorian Plumbing/Victoria Plumb)since about 2001. The claimant claimed for infringement of trade mark by the...
Appeal considering the scope of the defence of justification to a claim for threats of proceedings for patent infringement. The Court held that the threatener is not required to demonstrate infringement of the particular...
Mylan sought revocation of the claims of EP (UK) 0 817 637 contended by ViiV to support SPC/GB05/027 in order to clear the path for a generic product containing the anti-HIV drugs lamivudine and abacavir in combination....
Claim for a declaration of non-infringement of a patent which turned on the precision of a numerical limit. The claim was to a process which used an agent in a concentration of ‘...between 1% and 25%...’. The question...
Patents Court trial concerning the alleged infringement and validity of two of Atlas' Patents for underwater mine clearance equipment. Validity was attacked on the ground of anticipation and obviousness over various cite...
A claim for revocation by TEVA of two patents covering LEO’s fixed combination of calcipotriol and betamethasone for the dermal treatment of psoriasis. The invention overcame differing pH sensitivities of the two acti...
Application to revoke a patent for a veterinary device on the grounds of lack of novelty and lack of inventive step. The hearing officer rejected both attacks. The decision is currently under appeal. BL 0/243/15...
Action for infringement of patent by the sale of fire-rated LED downlighters. The judge held that the invention was simple but not obvious and that the defendant's products infringed. The defendant's 'innocence defence...
Appeal from the comptroller in a patent entitlement case on the ground of illegitimate resort to the burden of proof. [2014] EWHC 125 (Pat)...
Claim for infringement of patent by the manufacture of wound dressings. The issues included construction of a numerical range and the availability of springboard relief to restrain use of marketing authorisation obtaine...
Appeal from an order of Arnold J awarding €25,000 in damages for misuse of confidential information in the aerodynamic design of a Formula 1 car. Force India argued that the Judge had underestimated the scale of the mis...
This was a claim for passing off by Foster & Son, a bespoke shoemaker in Jermyn Street, against Brooks Brothers. It concerned their respective uses of a logo first used by the shoemakers Bartley & Son in the 19...
Claim for revocation of a drug combination patent (atovaquone and proguanil sold as the antimalarial Malarone). Use of the combination in clinical trials had been disclosed before the priority date. The patentee argued...
Tom acted for Cephalon in this claim for infringement of a formulation patent for modafinil, a pharmaceutical used to treat sleep disorders. Infringement turned on experimental evidence of the formulation of Orchid’s pr...
Claim for trade mark infringement by the popstar Lady GaGa in relation to the children’s cartoon character Lady Goo Goo.
Tom acted for the Claimant in this trade mark licensing dispute. The case turned on whether a duty of cooperation could be implied into a trade mark license which involved an approvals process, and the actual and ostens...
