David is a Partner in the Intellectual Property group specialising in rights protection and enforcement programmes across all IP disciplines – patents, trade marks, copyright, database right and designs. He represents many leading IP owners, notably in the pharmaceutical, financial services, entertainment, computer, sports, retail, clothing and luxury goods industries.
David has acted in a number of high profile disputes before both the UK and European Courts including: HTC v Gemalto; Sky v Microsoft; Starbucks v Sky; Napp v Sandoz; ratiopharm v Alza; Sky v Skype; Marks & Spencer and others v One in a Million; 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 issues and the scope of protection of Supplementary Protection Certificates (SPCs) and has considerable experience advising on "clearing the way" strategies in brand/generic disputes. David also has extensive expertise in brand and design protection programmes, and acts regularly in administrative proceedings before the UK IPO and the EUIPO.
David is listed as a leading individual in the field of IP in the UK Chambers Guide, Chambers Global, Legal 500, PLC Which Lawyer?, IAM Patent 1000 and World Trademark Review 1000. Recent quotes from the directories mention that he is "always keen to outline a strategy and is a very effective case manager" (Chambers Global), "tough as nails, ... a 'natural litigator' who is 'experienced and aggressive'" (World Trademark Review) and a "very thoughtful, knowledgeable and realistic patent litigator" (IAM Patent 1000). David has a Master's Degree in Intellectual Property from the University of London and writes widely on IP matters in a range of journals including EIPR, BioScience Law Review, JIPLP and MIP. He is a member of CIPA, ITMA and INTA.
Key cases include:
- Warner-Lambert v Dr Reddy's Laboratories Limited
- HTC v Gemalto
- ratiopharm v Alza
- Leo Pharma v Sandoz
- Arrow Generics v Merck
- Cairnstores v AstraZeneca
- SKB v Generics UK
- Finecard v UDL
- Lupin v Servier
- PCCW v Sky
- EMI v Sky
- Sky v Skype
- Sky v Microsoft
- Marks & Spencer & ors v One in a Million
- Sony Computer Entertainment v Nuplayer
- Sony Computer Entertainment v Pacific Game Technology
- Racing UK v Satellite Information Services
- Guinness UDV North America Inc v Flexitrace Ltd
Partner, Mishcon de Reya LLP
Partner and Head of IP for Europe, King & Wood Mallesons LLP (formerly SJ Berwin) (September 1992 to May 2016)
Queen Mary, University of London, Masters in Intellectual Property Law
University of Manchester, Law
ARTICLES AND PUBLICATIONS
- Bio-Science Law Review (July 2016) Injunctions in pharmaceutical patent cases: the approach of the English courts and the likely impact of the UPC
- Managing Intellectual Property Magazine (May 2016) UPC Scenario 4: Challenging a non-opted out European patent
- Intellectual Property Magazine (December 2015) The UPC and Unitary Patent: The final countdown
- Intellectual Property Magazine (October 2014) Catwalk Confusion
- CIPA Journal (December 2013) Court of Appeal Re-casts Guidance on Stays of Patent Proceedings
- International Pharmaceutical Industry (Summer / Autumn 2013) Supplementary Protection for Medicines - Functioning or Failing?
- Journal of Intellectual Property Law & Practice (November 2012) Football Dataco v Yahoo! Implications of the ECJ Judgment