Piers Acland KC

Call: 1993
Silk: 2010

Since his appointed as Queens Counsel in 2010, Piers has successfully made the transition from leading senior junior to successful IP silk. This was reflected in his nomination at the Chambers and Partners Bar Awards as “IP/IT Silk of the Year” during his first year as Silk.

Piers has a strong patent practice covering a wide variety of technology areas. His background in biochemistry means he is often in demand for pharmaceutical patent matters and since taking silk he has led some of the leading cases in this area.

Piers has been involved in numerous cases before all of the appropriate English courts and tribunals as well as the European Patent Office.

Piers was once again nominated as ‘IP/IT Silk of the Year’ at the 2015 Chambers and Partners Bar Awards.

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Recent & Notable Cases

Sandoz and Teva v BMS and Pfizer [2022] EWHC 1831 (Pat)

Apixaban, trade name ELIQUIS, is a successful drug for treating thromboembolic disorders. This trial concerned four patents relating to formulations of apixaban (the “Patents”), all from the same family having priority d...

Neurim v Mylan [2022] EWCA Civ 699

In these proceedings the Claimants allege infringement by Mylan of European Patent (UK) No. 3 103 443 (“EP443”). EP443 is a second medical use patent which (as unconditionally proposed to be amended) claims the use of a...

Neurim v Mylan [2022] EWHC 109 (Pat)

In these proceedings, Neurim alleges that Mylan infringe European Patent (UK) 3,103,443 (the Divisional). In previous proceedings, started in 2020 (the 2020 Action), Neurim sued Mylan for infringement of European Patent...

In these proceedings, Neurim alleges that Mylan infringe European Patent (UK) 3,103,443 (the Divisional). In previous proceedings, started in 2020 (the 2020 Action), Neurim sued Mylan for infringement of European Patent (UK) 1,441,702 (the Parent of the Divisional). The Patents concern melatonin for use in treating a primary insomnia characterised by non-restorative sleep (NRS). In his judgment in the 2020 Action (the Judgment), Marcus Smith J held that the Parent was valid and Infringed. On 18 December 2020, Neurim withdrew its appeal to the Technical Board of Appeal (TBA of the EPO) from the Opposition Division’s decision that the Parent was invalid. So, the Parent was revoked ab initio. However, Neurim had the Divisional in prosecution, and obtained its grant on 30 June 2021, whereupon it began these proceedings. Neurim applied to amend the claims of the Divisional into a form identical for practical purposes to the claims of the Parent. Neurim alleged that issue estoppel arising from the Judgment prevented Mylan from challenging the validity of the Divisional. Mylan said that Neurim’s conduct in amending the Divisional was an abuse of process, and it said that Neurim’s conduct in seeking to shut out its challenge to the validity of the Divisional was an abuse of a dominant position under s. 18 of the Competition Act 1998.

The preliminary issues were therefore:

i) Whether Mylan was issue estopped from challenging the validity of the Divisional in the light of the 2020 action.
ii) Whether Neurim’s conduct in amending the Divisional was an abuse.

iii) Whether Neurim’s conduct amounts to an abuse of a dominant position (on the assumption of dominance and market definition).

Meade J heard the trial in person between 15-17 December 2021 and 19 January 2022. The Judge agreed with Mylan that there was no issue estoppel and directed that submissions be made to Marcus Smith J in relation to the validity of the Divisional Patent. He held that there was no abuse and the competition issue did not need to be determined, given his decision on issue estoppel.

Piers Acland QC and Adam Gamsa appeared for Mylan, instructed by Taylor Wessing LLP

[2022] EWHC 109 (Pat)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & others [2022] EWCA Civ 20

The appeal concerned Lufthansa’s patent for an aircraft passenger in-seat power supply system. The three defendants Astronics, Panasonic and Safran, were responsible for manufacturing such systems, supplying them, and i...

Illumina Cambridge Ltd v Latvia MGI Tech SIA & Ors [2021] EWHC 57 (Pat)

This was a patent action concerning DNA sequencing technology. Illumina was the proprietor of five patents which it alleged were infringed by MGI’s systems. Three of the patents related to a reversible chain terminato...

Edwards Lifesciences Corporation & Anor v Meril GmbH & Anor [2020] EWHC 2562 (Pat)

This was the first of three technical trials in a patent action concerning transcatheter heart values, artificial heart valves that can be implanted into a patient without the need for surgery, and their delivery systems...

Lufthansa Technik AG v Astronics Advanced Electronic Systems & others [2020] EWHC 1968 (Pat)

Lufthansa was the owner of a patent for an aircraft passenger in-seat power supply system. Astronics manufactured such systems, Safran installed them into airline seats, and Panasonic supplied in-flight entertainment sy...

Akebia Therapeutics Inc v Fibrogen, Inc & Astellas [2020] EWHC 866 (Pat)

A multi-patent action concerning the use of an enzyme inhibitor to treat anaemia and related conditions. The patents in issue fell into two families – Family A & Family B – and included claims to classes of compounds...

Anan Kasei Co. Ltd & Anor v Molycorp Chemicals & Oxides (Europe) Ltd [2018] EWHC 843 (Pat)

This was a claim for infringement of a patent concerned with a method for producing ceric oxide (also known as ceria). Ceria is used in catalytic applications, particularly as a co-catalyst for purifying vehicle exhaust...

Fisher & Paykel Healthcare Ltd & Anor v ResMed Ltd & Anor [2017] EWHC 2748 (Ch)

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...

Edwards Lifesciences LLC v Boston Scientific Scimed Inc, [2017] EWHC 405 (Pat); [2017] EWHC 755 (Pat)

This was a patent action about transcatheter heart valves i.e. artificial heart valves that can be implanted in patients without the need for surgery. It concerned two of Boston’s patents for “repositionable heart valves...

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) Ltd (trading as Mylan) v ViiV Healthcare Ltd

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....

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...

Smith & Nephew Plc v Convatec Technologies Inc [2015] EWCA Civ 607

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...

International Stem Cell Corporation v Comptroller General C-364/13 [2014]

Preliminary ruling of the CJEU in relation to the patentability of methods of producing stem cells from parthenogenetcally-activated human oocytes. The Court held that such oocytes are not to be regarded as ‘human embry...

Idenix Pharmaceuticals Inc v Gilead Sciences Inc [2014] EWHC 3916 (Pat)

Infringement proceedings brought by Idenix in relation to “Sovalidi”, a drug for treating Hepatitis C virus. Patent held to be infringed but invalid. Piers Acland QC acted for Idenix [2014] EWHC 3916 (Pat) &nbs...

Scopema Sarl v Scot Seat Direct Ltd [2014] EWCA Civ 187

Court of Appeal. Construction and infringement in relation to a patent for seat brackets. [2014] EWCA Civ 187...

Eugen Seitz AG v KHS Corpoplast GmbH & Anor [2014] EWHC 14

Revocation and declaration of non-infringement in relation to a patent for valves used in rotary stretch blow moulding machines. [2014] EWHC 14...

Smith & Nephew Plc v Convatec Technologies Inc & Anor [2013] EWHC 3955 (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...

Glenmark Generics (Europe) Ltd & Anor (t/a Mylan) v The Wellcome Foundation Ltd & Anor [2013] EWHC 148 (Pat)

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...

Smith & Nephew PLC v Convatec Technologies Inc [2012] EWCA Civ 1638

Court of Appeal, patent for silverised wound dressings, obviousness. Smith & Nephew PLC v Convatec Technologies Inc [2012] EWCA Civ 1638 ...

Bayerische Motoren Werke Aktiengesellschaft v Round & Metal Ltd [2012] EWHC 2099 (Pat)

Community designs for alloy wheels, scope of Article 110(1) of the Community Designs Regulation. Bayerische Motoren Werke Aktiengesellschaft v Round & Metal Ltd [2012] EWHC 2099 (Pat)...

Generics (UK) Ltd (t/a Mylan) v Yeda Research & Development [2012] EWHC 1848 (Pat)

Patent for copolymer-1 (used for treating multiple sclerosis), validity and infringement. Generics (UK) Ltd (t/a Mylan) v Yeda Research & Development [2012] EWHC 1848 (Pat)...

Teva UK Ltd v Astra Zeneca [2012] EWHC 655 (Pat)

Patent for a sustained release formulation of quetiapine (used in the treatment of schizophrenia), revocation. Teva UK Ltd v Astra Zeneca [2012] EWHC 655 (Pat)...

Norbrook v Bayer [2012] Enlarged Board of Appeal and [2011] Technical Board of Appeal

Patent for imidacloprid, opposition, petition for review pursuant to Art.112a EPC