Experience

• Optis v Apple: Acted for the Optis group in patent dispute with Apple including working on trials and appeals, which found that the FRAND licence which Apple should enter into with Optis is worth more than $700m, that Apple were not a “willing licensee” and not entitled to enforce the ETSI undertaking unless they gave an undertaking to the UK court to take the Court Determined Licence, and that there was no estoppel defence said to arise out of breach of clause 4.1 of the ETSI IPR Policy open to Apple. Included working as part of the team that successfully resisted Apple’s jurisdiction challenge.
• Tesla v Avanci: Acted for Avanci opposing Tesla’s request for a court determination of the terms of the Avanci 5G Platform, includes successful challenges to Jurisdiction at the High Court and Court of Appeal, and ongoing Supreme Court appeal.
• Alcatel v Amazon: Acted for Alcatel part of the Nokia group as part of Nokia’s global dispute with Amazon regarding video streaming. Work on the dispute included jurisdictional challenges, issues relating to interim licences and the meaning and effect of the ITU-T RAND policy.
• IP Bridge v Huawei: Acted for IP Bridge as part its FRAND dispute with Huawei.
• Unwired Planet v Huawei: Acted for Unwired Planet at the Court of Appeal and Supreme Court in the FRAND aspects of the telecommunications dispute
• Conversant v Huawei & ZTE: Acted for Conversant in their litigation against Huawei and ZTE, including technical trials in the High Court, jurisdictional challenge including at the Supreme Court and related anti-suit injunction.
• Technetix v Teleste: Acted for Teleste in a telecommunications dispute in both IPEC and the High Court.

Recent work

• Acting for Optis in successful appeal at the Court of Appeal (link) which increased the value of the licence declared to be FRAND from $64.7m to more than $700m. With the Court of Appeal finding that Marcus Smith J’s first instance decision was made in a procedurally unfair way and flawed in major aspects. The Court of Appeal also overturned Marcus Smith J’s order which interfered with parallel US proceedings which was inappropriate and contrary to comity.
• Acting for Avanci in opposing Tesla’s appeal to the Supreme Court following Avanci’s successful jurisdiction challenge at both the High Court, and the Court of Appeal (link)
• Advising clients in relation to the UKIPO’s Consultation on Standard Essential Patents. (link)
• Advising clients in relation to ongoing FRAND negotiations.
• Contributor to the UK response to the AIPPI’s AI and Copyright study question.

Published articles

• November 2023
  EIP News Flashes, Court refuses to close the stable door after the horse has bolted in patent dispute (link)
• November 2023
  EIP News Flashes, What a relief! Court of Appeal permits a party to rely on evidence served two years late (link)
• September 2023
  EIP News Flashes, Parties and their lawyers will have to reveal how the sausage is made. (link)
• May 2023
  EIP News Flashes, Smoke Without Fire - British American Tobacco’s “heat not burn” products found not to infringe two of Philip Morris International’s patents (link)
• April 2023
  EIP News Flashes, A Tale of Two Dragons (link)
• January 2023
  EIP News Flashes, Court of Appeal rules that there is no territorial restriction on damages for infringement of a UK patent (link)
• October 2022
  WIPR, Geofabrics v Fiberweb: 'a rare judgment' (link)
• October 2022
  EIP News Flashes, Damages pull into the station for Geofabrics (link)
• December 2021
  Patent Lawyer Magazine, High court holds on to jurisdiction in SEP case (link)
• February 2021
  Lexology, Court of Appeal adopts narrow interpretation of Crown use defence in IPCom v Vodafone (link)