Richard Davis K.C.
Richard Davis KC has over 20 years’ experience litigating before the English Patents Court as well as oppositions and appeals before the EPO and is equally familiar with both jurisdictions. In March 2025 he became the first UK barrister to appear before the Unified Patent Court.
Richard’s practice encompasses a diverse range of technologies. He has particular expertise in the electronics / telecommunications sector having advised many of the major players in the field such as LG Electronics, Samsung, Nokia, Motorola and Symbian. Although by training an electrical engineer, he is active in the pharmaceutical sector including SPCs. He acted for the Secretary of State for Health in the ground breaking second medical indication litigation concerning pregabalin.
Before commencing practice at the Bar, Richard qualified as a European Patent Attorney and this dual qualification has resulted in him appearing frequently before the European Patent Office often in cases of concurrent UK litigation. He has audience rights before the Unified Patents Court.
Richard is equally at home with the other intellectual property rights and has carved a niche in designs and ‘difficult’ copyright cases including Temple Island v New English Teas (the red bus case). He is one of the few counsel to have appeared before the CJEU on a designs matter and one of the very few to have appeared before the UK Registered Designs Appeal Tribunal (as it then was). He has been involved in a number of cases which have pushed the boundaries of what it protectable under the law of copyright and database rights.
Richard was one of the inaugural tutors at Nottingham Law School on its LLM in Advanced IP litigation and has been a visiting lecturer of CEIPI on the European patent litigation diploma. He is currently one of the two General Editors of the CIPA Guide to the Patents Acts (the Black Book).
In 2019 Richard was appointed as a criminal Recorder giving him a very different and judicial insight into the conduct of proceedings. He has presided over jury trials involving including inflicting grievous bodily harm, child cruelty, aggravated arson and burglary.
Richard spends much of his spare time flying his ‘home-build’ aeroplane which first took to the skies in 2020.
Chambers & Partners 2023
“Richard Davis is a very strong and tenacious advocate. He’s a good man to get on your side.” Chambers & Partners 2023
Chambers & Partners 2022
“His manner with the judge was excellent. His use of analogies was excellent, and built up the light-bulb moment for the judge. He is really pragmatic.” “Highly thought of and clever in the patent space.”
Chambers & Partners 2020
“A very clever lawyer who is good technically in our area.” “He provides sound advice and representation.”
Chambers & Partners 2019
“I was extremely impressed with his oral advocacy – he was extremely well prepared for the hearing and presented a difficult case very well.” “He puts in the time and effort and leaves no stone unturned.”
Chambers & Partners 2018
“He is very good on the details, has an excellent technical background and never shies away from giving difficult advice.” “He is extremely thorough and prepared to go the extra mile.”
Chambers & Partners 2017
“He is very helpful, pragmatic and clients have a huge respect for him.” “He is a very user-friendly and very knowledgeable in the IP arena”
Chambers & Partners 2016
”Has an excellent grasp of technical subject matter.” “Extremely easy to work with, he’s client-focused and very practical.”
Chambers & Partners 2015
”An excellent junior, who is incredibly hard-working, responsive and conscientious.”
Chambers & Partners 2014
“A strong patent practitioner who has a particular emphasis on electronics cases. Sources attribute his superb knowledge of the law in that area in part to his being a qualified patent attorney.”
Chambers & Partners 2013
“Richard Davis specialises mainly in patents, although he is also a formidable expert on design rights. He is fairly unique in that he is a qualified UK and European patent attorney, and he is also a leading authority on questions of inherent patentability. Solicitors find him a natural choice for European Patent Office proceedings.”
Chambers & Partners 2012
“Richard Davis has that “great scientific knowledge” that proves such an advantage to a patent specialist. He has particular expertise in matters relating to electrical engineering, having worked in that field before being called to the Bar. Recently, he represented Motorola in a series of patent infringement and validity cases against Research in Motion.”
Chambers & Partners 2011
“Richard Davis is “excellent for patent work” and has “great experience of appearing in highly technical cases involving electronics and software.”
Legal 500 2023
“A barrister of choice for his no-nonsense approach, real understanding of patent law, approachability, and genuine interest in getting a good commercial outcome for the client.”
Legal 500 2021
‘”Quickly arrives at the heart of the issues and is incredibly bright.”
Legal 500 2020
‘”He is creative, has a very strong intellect and is good at cutting through excessive verbiage to get to the point.”
Legal 500 2019
”He has enormous experience, is results driven and easy to deal with.”
Legal 500 2018
“Very good in patent matters.”
Legal 500 2016
“An excellent barrister and adviser with considerable advocacy experience”
Legal 500 2015
“He is reliable and client-focused, and has an excellent grasp of technical subject matter.”
Legal 500 2013
Richard Davis has “a strong technical understanding of software and electronics.”
World Trade Mark Review 2017
“is recommended for his patent and designs expertise in particular, but he is comfortably at home on complex trade mark disputes”.
Richard is regarded in Who’s Who Legal 2015
Patents (UK)
Well Lead Medical Co Ltd v CJ Medical Ltd [2025] EWHC 492 (IPEC). Medical device infringement and validity action featuring detailed analysis of doctrine of equivalents infringement.
Salts Healthcare Ltd v Pelican Healthcare Ltd [2025] EWHC 497 (Pat). High Court trial concerning infringement and validity of medical devices. Emphasis on identification of the inventive concept and doctrine of equivalents.
Prevayl Innovations Ltd v Whoop Inc [2025] EWHC 399 (IPEC). Patent infringement and validity concerning a ‘smart-bra’.
Cloud Cycle Ltd v Verifi LLC [2024] EWHC 2001 (Ch). Declaration of non-infringement concerning a processing method for the estimation of ‘slump’ in concrete.
Sycurio Ltd v PCI-Pal Plc [2024] EWCA Civ 606. Infringement / validity appeal on a patent concerning financial payment methods.
Newron Pharmaceuticals SpA v Comptroller General of Patents, Trademarks and Designs [2024] EWCA Civ 128. Appeal on a supplementary protection certificate concerning a combination therapy.
Bollard Proof Ltd v Harrison O/0052/23. UKIPO patent revocation action concerning bollard testing hardware.
A-Ward v FabCon [2021] EWHC 2145 (IPEC) – Acted for successful patentee finding infringement under the doctrine of equivalents and dismissing a defence on the basis of estoppel.
RegenLab v Estar Medical [2019] RPC 7– substantial patent trial on a preparation method for platelet rich plasma including disputed prior sales of the product.
Clearswift Ltd v Glasswall (IP) Limited [2018] EWHC 2442 (Pat) – a revocation action concerning virus checking software.
Philips Lighting North America Corporation & Anor v Megaman (UK) Ltd & Ors. – Acted in both the UK Patent Court and the EPO in a high profile action concerning dimmable LEDs on Philips’ EnabLED program.
L’Oreal S.A. & L’Oreal (UK) Limited & RN Ventures Limited [2018] FSR 20, 21 – Patent and registered design infringement and counterclaim for validity concerning the Clarisonic sonic face brush. Case also involved a novel point on costs concerning non-registration of an exclusive licence.
Meter-Tech Llc & Anor. v British Gas Trading Ltd [2016] EWHC 2278 (Pat) – Patent action concerning smart meters, where the Court held that a large scale use could be within the experimental use exception but had to relate to the subject matter of the invention.
Warner Lambert Company LLC v Actavis [2015] EWHC 72 (Pat); [2015] EWCA Civ 556 & [2015] EWHC 2548 (Pat) – Acted for the UK Government in the high profile Pregabalin litigation concerning the scope of second medical use claims.
Glass v Frevssinet [2015] EWHC 2972 (IPEC) – Patent trial concerning cathodic protection apparatus and method.
Kennametal v Pramet [2015] RPC 2,4 – Patent trial concerning cutting tool geometry and subsequent limitation application.
Re Really Virtual’s Patent [2013] RPC 3; Re Halliburton’s Patent [2012] RPC 12; Re Symbian’s Patent [2009] RPC 1; Re AT&T Knowledge Ventures LP [2009] FSR 19; Re Bloomberg’s Patent [2007] FSR 26; Re Shopalotto’s patent [2006] RPC 7 – Richard has acted in many of the leading cases concerning inherent patentability. He was also instructed in respect of the petition to the House of Lords in Macrossen’s Application.
Jackson-Ebben v Wine Innovations (O/465/14): McLaughlin & Harvey v OpenHydro (O/073/14) – Examples of contested entitlement disputes undertaken at the UK IPO.
Schenck v Universal Balancing [2012] EWHC 1920 (Pat) – Patent trial (without a leader) including substantial allegations of prior user and an unusual s62 defence.
Wagner v Earlex [2012] EWHC 984 (Pat) – Patent trial (without a leader) including a prior use allegation relating to display at an exhibition.
RIM v Motorola – Series of cases concerning essential and non-essential 2.5G / 3G telecoms patents. The subject matter of the patents included system architecture, MAC layer protocols and device functionality.
FASL v Loft Stairs Ltd [2009] FSR 24 – Patent trial (without a leader) including unusual construction and novelty issues.
Dyson v Samsung [2009] FSR 19 – Patent trial (without a leader) concerning cyclone technology.
Vector v Glatt [2007] RPC 12 – High Court patent revocation action and subsequent appeal concerning a fluidised bed processor including an application for post-grant amendment.
Secretary of State for Education & Skills v Frontline Technology Limited [2004] EWHC 1487 – Acted for the UK Government in a patent revocation action concerning a computerized registration system. [2005] EWHC 37 – Issues of estoppel in post-judgment amendment application.
Re Hartington Conway’s patent [2004] RPC 6 & 7 – An entitlement dispute which ultimately turned on an estoppel point and subsequent appeal to the High Court.
Patents (EPO & UPC)
Viking Arm AB v Stanley Black & Decker Inc, ACT_19392/2024, ACT_44381/2024. Infringement and validity case before the Baltic Division of the UPC concerning market leading TradeLift product. Coordinated with co-pending EPO opposition.
T2241/22, T2242/22. Added matter appeal in relation to parameter range claims in a geared architecture gas turbine engine.
Re EP ‘801 – three day Opposition Division hearing concerning blowable optical fibre cables.
Re EP ‘040 – Opposition Division hearing including the taking of evidence on prior user allegations.
T611/15, T621/16 – Technical board of Appeal hearings concerning Philips EnabLED dimmable LED technology.
T1325/15 – Action for restitution concerning missed appeal deadline.
J 18/09 – Legal Board of Appeal concerning PCT / EP interface and the possibility of entering EP national phase via a divisional application (to permit prosecution of unsearched subject matter).
T 439/06 [2007] OJEPO 491 [2008] EPOR 8 –EPO Technical Board of Appeal proceedings concerning the application of the principle of proportionality in restitutio proceedings.
T 1083/03 – Technical Board of Appeal proceedings concerning inventive step of a complex ‘essential’ 2.5G mobile phone patent.
T 764/02 – Acted for patentee against 9 opponents concerning novelty / inventive step / inherent patentability of a financial software invention.
J 6/02 – Legal Board of Appeal proceedings concerning correction under r88 EPC.
Re: EP ‘375 and others – Represented the patentee upholding the validity of four electro-mechanical patents previously held invalid by the UK courts.
Re: EP ‘513 – Opposition Division concerning an electronics patents alleged to lack novelty / inventive step on the basis of prior use which involved extensive examination of witnesses.
Designs, Copyright & Database Rights.
THJ Systems Ltd v Sheridan [2023] EWCA Civ 1354. Leading case appeal on test for originality. Case concerned originality in a graphical user interface (GUI).
Tangle Inc v One for Fun Ltd [2023] EWHC 217 (Ch). Interim hearing on strike out of a copyright claim in a ‘sculpture’ against various directors and transfer of proceedings between the High Court and IPEC
Erol v Posh Fashion [2022] EWHC 195 (IPEC) – High Court infringement / revocation trial concerning registered designs of various garments.
Action Storage Systems Ltd v G-Force [2017] FSR 18 – UK unregistered design right case covering multiple issues of subsistence and the statutory exclusions.
Style Research v Factset [2013] EWHC 4029 (Pat) – application for trial of a preliminary issue concerning the database rights in a financial analysis technique.
Temple Island v New English Teas [2012] FSR 9 – Landmark case on the scope of copyright in an artistic work.
Ningbo v Stabilo T148/08 – Successful appeal to the Court of First Instance re the scope of provisions under the Design Regulation to invalidate registered designs on the basis of earlier trade mark use.
Re Nintendo’s registered design – Appeal concerning the scope of the technicality exclusion in relation to registered design invalidation proceedings.
Woodhouse v Aquila [2006] RPC 1 – Registered design infringement / validity action under the ‘new’ law and associated UK UDR action.
Crystal Canopies Ltd v Tempest Shield Fibreglass Roofing Ltd – (unreported, 3 November 2000, Laddie J (Registered Design Appeal Tribunal)). A successful appeal against the design of the Registry on a contentious entitlement issue leading to the revocation of the design.
Passing off & Trade Marks
Au Vodka v NE10 Vodka [2022] EWHC 2371 (Ch) – acted in interim injunction application to prevent passing off in product getup.
Aiwa v Aiwa [2020] FSR 17 – trade mark appeal concerning relevance of second hand dealings on non-use revocation application.
Re EZBRAID TM O/448/21 Bad faith revocation application.
Advanced Perimeter Systems v Keycorp (MultiSys) [2012] RPC 14, 15 – Appeal to the Appointed Person concerning the date of assessment of goodwill and subsequent decision on fall back positions before an appellant tribunal.
Telepharmacy Solutions Trade Mark [2006] ETMR 10 – Trade mark hearing before the Court of First Instance of the European Court of Justice.
Professional Negligence
Baillie v Bromhead Johnson [2015] FSR 16 – Landmark case concerning the professional negligence of a patent attorney.
IT
TOT v Vodafone [2021] EWHC 46 (Pat) – Breach of confidential information action concerning mobile phone power management techniques.
Meridian International Services Ltd v Richardson [2007] EWHC 2539 (Ch) – Week long computer software / IT speedy trial. A fact heavy case which turned on the oral evidence.
Chartered Institute of Patent Attorneys: Fellow; Elected member of Council.
Institute of Engineering and Technology (formally Institute of Electrical Engineers)
European Patent Attorney
Chartered Patent Attorney
Chartered Engineer
Qualifications
MA (Cantab) Engineering.
Chartered Patent Attorney
European Patent Attorney
Chartered Engineer
Regulation
Richard is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is registered with the Bar Standards Board of England and Wales (Bar Ref: 28984)
He has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/031). Please refer to the BMIF website for full details of the world-wide cover provided, and the BMIF’s contact details.
Richard has a first degree in engineering from Cambridge University and joined Marconi as a digital design engineer after graduation.
After his initial training as a barrister, he spent 5 years with a leading firm of patent attorneys in London. During that period he worked predominantly in the electronics and software fields.
He returned to practice at the Bar in 1998.
Books
The CIPA Guide to the Patents Acts (The Black Book) – General Editor
In his spare time Richard enjoys flying light aircraft and fiddling with (and occasionally driving) his TVR.
