Michael Silverleaf KC

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Call: 1980
Silk: 1996

Michael is the longest-serving member of chambers having joined in 1980 after reading physics at Imperial College, a secondment at Carpmaels & Ransford and a common law pupillage at 12 KBW.  He served as Treasury Junior in Patent Matters from 1991 to 1996 when he took silk.  He became an accredited mediator in 2003.  He is recognised as an effective facilitator of positive negotiations and has conducted dozens of mediations.  His dedicated mediation website can be found here.  Michael sits as an arbitrator in technical commercial disputes.  He joined the Nominet Expert Panel in 2008 and has decided more than 100 domain name disputes.  He has been a member of the IP Inclusive Management team since its inception and chair since 2021.  In 2022 he was appointed as a member of the Supervisory Board of Stichting Data Bescherming Nederland (SDBN), the Dutch Data Protection Foundation, a not for profit set up to enforce data protection rights, primarily through class actions.  In 2023 he was called to the Irish Bar and appeared in his first trial in Dublin in July.

Michael has always had a wide-ranging practice covering all aspects of IP and related areas of law.  He was one of the first members of the bar to develop a specialist IT practice.  More recently he has practised also in privacy and data protection and has expertise in class actions in that field.  He has unparalleled experience of litigation in the English Courts and other forums including the European Court of Justice, the General Court, the European Patent Office, the EUIPO, the courts of Hong Kong, Gibraltar and Ireland as well as arbitrations and domain name dispute resolution systems.

In IP Michael’s practice has covered all forms of IP and related rights.  He is acknowledged as a highly effective technical advocate and is well-known for his expertise in trade marks and passing off.  He has conducted many cases involving online trading and data gathering activities and has extensive knowledge of that field.  His courtroom skills are renowned.  He is described as having a measured and persuasive style, with his cross-examinations, particularly of technical experts, widely regarded as masterful.  His clients appreciate his user friendly approach, understanding of their commercial needs and his ability to absorb and simplify complex technical issues.

His technical experience covers a huge range of fields from pharmaceuticals both synthetic and biopharma, medical devices, mobile and wired telecoms through electronics including semiconductor manufacture, automotive, construction, computer systems, shipbuilding and many others.

Michael served as Head of Chambers from 2007 to 2016 when he was succeeded by Iain Purvis.

In his spare time Michael is a keen cyclist, enjoying the Kent and North Devon hills and occasionally undertaking long distance charity rides.  He runs and plays vintage hockey.  He is addicted to watching F1, finding the combination of sport and technology irresistible.

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Recent & Notable Cases

JCB v Manitou [2024] EWCA Civ 276

This was an appeal from the decision of the trial judge to revoke JCB’s EP(UK) Patent 2 263 965 for a control system for a telehandler.  The control system is designed to stop the telehandler becoming unstable by prevent...

Sycurio v PCI-Pal [2023] EWHC 2361 (Pat)

This was the trial of a claim for infringement of a patent relating to the secure processing of payments by telephone calls to a call centre.  The patent was addressed to a method for reducing fraud by blocking data sign...

J C Bamford v Manitou BF [2022] EWHC 1724 (Pat)

Trial of an action for infringement of three patents relating to the control systems for telehandlers (machines widely used in the building industry and agriculture for moving and lifting loads) which were designed to co...

Lifestyle Equities CV v Royal County of Berkshire Polo Club and others [2022] EWHC 1244 (Ch); [2022] FSR 22

This is one of many actions brought by these claimants for infringement of their registered trade marks for the mark BEVERLY HILLS POLO CLUB with a polo player logo and passing off. At the PTR for the trial (which took p...

Advanced Bionics AG v MED-EL Elektromedizinische Gerate [2021] EWHC 2415 (Pat)

An application for expedition of proceedings to revoke a patent and for a declaration of non-infringement.  The proceedings were commenced in the Shorter Trials Scheme (STS). The proceedings concern cochlear implants...

IPCom v Vodafone [2021] EWCA Civ 205

This was an appeal from the order of Mr Recorder Campbell QC following trial, [2020] EWHC 132 (Pat), concerning a mobile telecommunication patent, European Patent (UK) No. 2 579 666 (the “Patent”), owned by IPCom.  The J...

Pliteq Inc & Anor v iKoustic Ltd & Anor [2020] EWHC 2564 (IPEC)

This was a claim for trade mark infringement and passing off.  For a number of years the claimants supplied their GENIEMAT and GENIECLIP acoustic damping and sound control products to the defendants for sale to the defen...

Genentech v Comptroller [2020] EWCA Civ 475

Genentech was the holder of a supplementary protection certificate (SPC) for  the drug Lucentis, used in the treatment of age related macular degeneration.  It appointed Master Data Center Inc. (MDC) as its agent for pay...

Lifestyle Equities v Royal County of Berkshire Polo [2019] EWCH 1872 (Ch) Club

The claimant is the proprietor of trade mark registrations comprising a picture of a polo rider on a horse surrounded by the name BEVERLY HILLS POLO CLUB for a range of goods including clothing. The defendants are the li...

Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan and anr [2018] UKSC 56

The Supreme Court has given its long-awaited decision on sufficiency and infringement of second medical use claims (in Swiss-form) and the approach to post-trial amendment of patents. Following numerous decisions of t...

Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2017] EWCA Civ 5

Wobben is the proprietor of a patent (EP'496) relating to a method of operating pitch-controlled, variable rotor speed wind turbines in high wind speed conditions.  At first instance, Birss J held that EP'496 was invalid...

Victoria Plum Ltd (t/a Victoria Plumb) v Victorian Plumbing Ltd & Ors [2016] EWHC 2911 (Ch)

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...

Generics (UK) Ltd (t/a Mylan) v Warner-Lambert Co LLC [2016] EWCA Civ 1006

This was the hearing of three appeals arising from the “pregabalin” litigation, which concerned validity and infringement of a second medical use patent. The three questions for the CA were: (i) had the Judge correctly a...

Napp Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd and Sandoz Ltd [2016] EWHC 1517 (Pat)

This was a patent infringement action brought against two generic manufacturers seeking to launch buprenorphine pain relief dermal patches.  Napp claimed that the generic products fell within the claims of two of their p...

Richter Gedeon Vegyeszeti Gyar RT v Generics (UK) Ltd (t/a Mylan) [2016] EWCA Civ 410

The patent in suit was for a dosing regimen for use in emergency contraception, comprising 1.5 mg levonorgestrel taken as a single dose. The prior art disclosed the interim results of a clinical trial in which such a reg...

Generics (UK) Limited t/a Mylan v Warner-Lambert Company LLC [2015] EWHC 2548 (Pat)

Warner-Lambert’s patent was a second medical use patent, which covered the use of pregabalin for the treatment of pain. Pregabalin was known as a treatment for epilepsy and generalised anxiety disorder. Mylan sought r...

The Sofa Workshop Ltd v Sofaworks Ltd [2015] EWHC 1773 (IPEC)

Trial of a claim for European Trade Mark infringement and passing off before IPEC.  The parties are both retail chains selling sofas and soft furnishings who traded under their respective names.   The case was a full act...

Mattel Inc. and J W Spear and Sons Limited v Zynga Inc. [2015] EWCA Civ 290

This was the appeal from the judgment of Peter Smith J ([2013] EWHC 3348 (Ch)) in which he dismissed Mattel’s claims for infringement of its registered trade marks SCRABBLE and SCRAMBLE by an electronic word game app cal...

Starbucks (HK) Limited & Anr v British Sky Broadcasting Group plc & Ors [2015] UKSC 31

The Supreme Court has considered the difficult question as to when an overseas business can rely upon the goodwill in its name to restrain acts of passing off in the UK.  The Appellants ran a very successful TV subscr...

Fresh Trading Limited -v- (1) Deepend Fresh Recovery Limited (2) Andrew Chappell [2015] EWHC 52 (Ch)

This case concerned the copyright in the "Dude" logo - the cartoon face with a halo which is used by Innocent Smoothies. The 'Dude' was designed by a company called Deepend pursuant to an agreement under which it would b...

Interflora Inc & Anor v Marks and Spencer Plc [2014] EWCA Civ 1403

The Interflora v M&S saga goes on … and on … and on. On 5 November 2014 the Court of Appeal gave judgment on Marks and Spencer’s appeal from the judgment of Arnold J in May 2013 that M&S’s Google Adword biddin...

32Red V William Hill Gaming [2012] EWCA Civ 19

A dispute about trade marks in online gaming.  The claimant’s mark 32RED held to be valid and infringed by 32Vegas at first instance and on appeal.  Reported at [2011] ETMR 21 and [2011] RPC 26 (HC), [2012] ETMR 14 (CA)...

Football Dataco Ltd & ors v Sportradar & ors [2013] EWCA Civ 27

This is the latest decision in the long-running battle between the FA and the bookmaking industry and those who supply them with information over use of information about football matches.  In December 2012 the Court of...

Apple v Samsung [2012] EWCA Civ 1339

The registered design dispute in which Apple alleged that Samsung’s Galaxy Tabs infringe one of its registered designs filed during the development of the iPad.  The action began with a dispute about whether the proceedi...

"Michael is a fantastic advocate, bringing a calm, measured and persuasive style. He has an incredible ability to drill down to the key issues in very complex cases, which appeals to judges."
Chambers and Partners
"Michael Silverleaf KC is an authoritative IP silk renowned for his oral presentation and his tenacious advocacy. He has substantial experience assisting with trade mark and patent litigation matters, including infringement, invalidation, passing-off and Swiss-type medical use claims. He practises in diverse sectors including pharmaceuticals and technology."
Chambers and Partners
"Michael Silverleaf KC is very experienced and is very commercial in his approach."
Chambers and Partners
"Michael Silverleaf KC handles the most complex aspects of both IT and IP law, and is able to advise clients on the commercial and technical considerations of cases including software licensing disputes. He also acts as a mediator, and is an expert on strongly contested patent disputes."
Chambers and Partners
"A real team player, Michael is extremely user-friendly and prepared to roll up his sleeves and get stuck into the detail."
Chambers and Partners
"Michael is a superb advocate and extremely good with clients. His approach is always aimed at providing the best result for the client, and he is a strong believer in mediation (where appropriate) and a very effective mediator himself. He has been involved in numerous high-profile cases and performs at the highest level in his field."
Legal 500
"Excellent at getting into the details, listening to the ideas of the team, putting the right arguments forward forcefully, being available when needed, embedding as part of the wider team."
Legal 500
"Michael is extremely authoritative. He is clear in his advice and clients understand him - he is very user friendly."
Legal 500