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.
