Co-head of EIP’s multi-award-winning UK litigation practice, Robert is an acknowledged expert in patent litigation with an extensive experience of, and significant success in, leading highly complex patent infringement and validity disputes before the Patents Court and Court of Appeal, including as part of wider, multi-national, disputes.
Alongside his law degree, Robert has an MSci in chemistry and a PhD in chemistry/chemical physics, and before coming to law Robert was a research fellow at the University of Lund in Sweden.
Robert is well placed to advise clients on the Unified Patent Court (UPC).
Experience
- IP Bridge v Huawei. Acting for IP Bridge in its litigation against Huawei before the Patents Court.
- Optis v Apple. Acting for Optis in its successful enforcement of EP (UK) 2,229,744 against Apple before both the Patents Court and Court of Appeal.
- Optis v Apple. Acting for Optis before the Patents Court and Court of Appeal in relation to its patent EP (UK) 1 230 818.
- Align Technologies v ClearCorrect. Acting for ClearCorrect in its defence against allegations of infringement of four of Align’s medical device patents. This was part of a long running global dispute between the parties which settled after the exchange of expert evidence in the UK proceedings.
- Conversant v Apple. Acted for Conversant in its enforcement action against Apple under two of Conversant’s implementation patents (relating to display navigation and Bluetooth). The matter settled prior to the second technical trial.
- Conversant v Huawei and ZTE. Acted for Conversant in its successful enforcement of two standard essential patents (EP (UK) 1 878 177 and EP (UK) 3 267 722) against Huawei and ZTE. (link)
- Conversant v Huawei and ZTE. Acted for Conversant at first instance and before the Court of Appeal in Conversant’s successful resistance of Huawei and ZTE’s jurisdictional challenge against Conversant’s UK FRAND action.
- Unwired Planet International Limited vs Huawei, Samsung and Google. Acted for Unwired Planet in its successful first instance enforcement of EP (UK) 2,229,744 against Samsung & Huawei and its success in upholding that decision before the Court of Appeal. (link)
- Unwired Planet International Limited vs Huawei, Samsung and Google. Acted for Unwired Planet in its successful enforcement of EP (UK) 1 230 818 against Samsung & Huawei.
- Unwired Planet International Limited vs Huawei, Samsung and Google. Acting for Unwired Planet in its enforcement of EP (UK) 0,989,712 against Google, Samsung & Huawei. This matter settled before trial.
- Unwired Planet International Limited vs Huawei, Samsung and Google. Acted for Unwired Planet in its successful first instance enforcement of EP (UK) 2,229,744 against Samsung & Huawei. Currently acting for Unwired Planet in relation to the associated appeal proceedings. (link)
- Unwired Planet International Limited vs Huawei, Samsung and Google. Acted for Unwired Planet in its successful first instance enforcement of EP (UK) 1 230 818 against Samsung & Huawei. Currently acting for Unwired Planet in relation to the associated appeal proceedings. (link)
- Unwired Planet International Limited vs Huawei, Samsung and Google. Acting for Unwired Planet in its enforcement of EP (UK) 0,989,712 against Google, Samsung & Huawei.
- {"uk":"Good Technology v MobileIron and AirWatch. Acted for Good Technology Inc. in patent proceedings before the High Court as part of multinational patent litigation in the field of mobile device management and security against MobileIron and AirWatch on successful settlement with AirWatch. "} (link)
- Novartis AG & Anr -v- Johnson & Johnson Medical & Anr. Robert was part of the UK solicitor team before the High Court and senior associate in the solicitor team before the Court of Appeal, acting for Novartis in a multination patent dispute regarding extended wear contact lenses.
- Kirin Amgen Inc. -v- Lietuvos Respublikos valstybinis patentu biuras. Robert was the senior associate in the solicitor team acting for Kirin Amgen before the Court of Justice of the European Union regarding supplementary protection certificates.
- Porton Capital Technology Funds & Ors -v- 3M. Robert was part of the solicitor team representing Porton Capital in a contractual dispute relating to medical devices for diagnostic tests.
- Vestergaard Frandsen v Bestnet Europe Ltd & Ors. Robert was instructed to act as junior counsel for Bestnet before the High Court in an action for breach of confidence concerning impregnated mosquito nets.
- Armour Group PLc -v- Leisuretech Electronics Pty Ltd. Robert was instructed to act as junior counsel for Leisuretech in a patent dispute concerning home entertainment systems.
- {"uk":"W L Gore & Associates GmbH v Geox SPA. A patent action concerning ‘breathable’ shoes. As a pupil barrister Robert worked on the High Court trial under Thomas Moody-Stuart (now QC) and Richard Meade QC. "} (link)
- {"uk":"Whirlpool Corporation & Ors v Kenwood Ltd. A trademark and passing off action concerning the iconic KitchenAid mixer and Whirlpool’s associated trademarks (including a 3D mark). As a pupil barrister Robert worked on the High Court trial under Thomas Moody-Stuart (now QC) and James Mellor QC. "} (link)
- {"uk":"Ancon Ltd v ACS Stainless Steel Fixings Ltd. A patent action concerning a channel assembly for use in the construction of high rise buildings, as a pupil barrister Robert worked on the High Court trial under James St. Ville and Daniel Alexander QC. "} (link)
- H Lundbeck AS v Generics & others*. One of a series of enantiomer patent cases that Robert gained experience of during his pupillage, Robert was involved in the 2008 appeal proceedings under Michael Tappin QC. (link)
- Autonomy Corporation Ltd v The Comptroller General of Patents. An appeal from the UKIPO concerning the computer program and presentation of information patentability exclusions (worked on during pupillage under Michael Tappin QC). (link)
- {"uk":"Symbian Ltd v Comptroller General Of Patents. An appeal from the UKIPO concerning the computer program exclusion from patentability (worked on during pupillage under Charlotte May (now QC)) "} (link)
- {"uk":"Murphy v Media Protection Services Ltd; The Football Association Premier League Ltd v QC Leisure & Ors. A well-known series of cases concerning copyright issues associated with the use of foreign satellite decoder boxes to access UK based satellite broadcasts. As a pupil barrister, Robert worked on the High Court copyright litigation for the FAPL (link) and appeal proceedings before the High Court for MPS (link) under Charlotte May (now QC) and James Mellor QC. "}
- {"uk":"JHP Ltd v BBC Worldwide Ltd & Anor. A copyright action concerning Dr Who and the Darleks, as a pupil barrister Robert worked on the High Court trial under Charlotte May (now QC). "} (link)
Published articles
- June 2018
IP Pro, The man who can be sued - October 2016
IP Magazine, Takedown trolls and copyright censorship (link) - September 2016
World Trademark Magazine, Weighing up your options - Trademark counsel from law firms across 20 jurisdictions in Europe provide an overview of the performance of their countries' EU trademark courts (link) - May 2016
World Trademark Review Daily, Preliminary ruling could extend effects of coexistence agreements (link) - January 2016
World Trademark Review Daily , Olympus falls in figurative ‘3D’ mark case (link) - June 2015
World Trademark Review Daily , OHIM held to have erred in finding likelihood of confusion between 'black' marks (link) - September 2014
World Trademark Review Daily, Trademark surveys - a phoenix from the flames? (link) - July 2014
World Trademark Review Daily, Perpetual protection for retail design? Apple suceeds before the ECJ (link) - January 2014
World Trademark Review Daily, Pinterest fails to prevent registration of PINTEREST by UK firm (link) - September 2013
World Trademark Review Daily, Samsung v Apple saga: Invalidity division rules on validity of Apple's tablet RCD (link) - June 2013
World Trademark Review Daily, Interflora: High Court considers infringement by broad matching without negative matching? (link) - May 2013
Journal of Intellectual Property Law and Practice, Bard v Gore: to injunct, or not to injunct, what is the question? Is it right to reward an infringer for successfully exploiting a patent? (link) - May 2013
World Trademark Review Daily, Interflora represents victory for brand owners - but how much protection does it really give? (link) - April 2013
Journal of Intellectual Property Law and Practice, UK to be one-stop-shop for non-infringement across Europe? (link) - 2013
Entertainment Law Review , Supreme Court defines “intellectual property” and the scope of privilege against self-incrimination - 2013
Computer and Telecommunications Law Review, Right to First Market within the EEA is Unfettered by Freedom of Movement of Goods - September 2012
World Trademark Review Daily, M&S v Interflora: death of the witness gathering exercise regulation (link) - September 2012
World Trademark Review Daily , Interflora - a further move towards tighter control of witness gathering exercises? (link) - June 2012
World Trademark Review Daily, Court of Appeal interprets Article 91(1) of Community Designs Regulation (link) - March 2012
World Trademark Review Daily, High Court closes litigation floodgates on rehearing Nominet rulings (link) - February 2012
World Trademark Review Daily, Court determines ownership issues in brotherly dispute (link) - January 2012
World Trademark Review Daily, Rugby Board fails to retrieve domain name because it does not contain 'rugby' (link) - November 2011
World Trademark Review Daily, Defendant held to have arrived at same design independently (link) - September 2011
World Trademark Review Daily, ‘Cross-bottling’ found to infringe trademark (link) - September 2011
World Trademark Review Daily, Claimant shows breach of contract through actions amounting to passing off (link) - September 2011
World Trademark Review Daily, Documentation of creative process is key to overcoming inference of copying (link) - July 2011
World Trademark Review Daily, European Commission releases new strategy on IP rights (link) - July 2011
Journal of Intellectual Property Law & Practice, Forum shopping: is the England and Wales Patents Court really a non-starter for patentees? (link) - June 2011
World Trademark Review Daily, High Court clarifies when it will grant permission to adduce survey evidence (link) - February 2011
World Trademark Review Daily, Injunction refused due to greater risk of injustice to defendants (link) - January 2011
World Trademark Review Daily, Damages assessed on 'user' principle available (link) - November 2011
Journal of Intellectual Property Law and Practice, Patents: How much longer can the Aerotel/Macrossan test survive? (link) - 2011
Computer and Telecommunications Law Review, Registered trade mark infringement claims in relation to parallel imports: “Euro-defences” based on the EC Treaty considered - 2011
Entertainment Law Review, ITV Broadcasting Ltd v TV Catch Up Ltd - 2011
Entertainment Law Review , Is Submission of Expert Evidence on Copying of Themes and Sub-Plots a Bar to Summary Judgment? - 2011
European Intellectual Property Review (Volume 33 Issue 12 2011) , Can the SPC Regulation be rendered fit for purpose? – The Court of Appeal Refer more questions to the CJEU - July 2010
World Trademark Review Daily, Threat to market replica vacuum cleaner amounts to passing off (link) - October 2010
World Trademark Review Daily, Court of Appeal considers 'Euro defences' in parallel imports case (link) - June 2010
World Trademark Review Daily, Consultation paper on EU Customs Regulation published (link) - March 2010
Journal of Intellectual Property Law and Practice, Just how ‘anti-patent’ are the UK courts? (link) - September 2009
World Trademark Review Daily, FROM RUSSIA WITH LOVE opposition fails (link)
Education
-
2005 — 2007
Bachelor of Laws, College of Law, London -
2006 — 2007
Bar Vocational Course, College of Law, London -
2005 — 2006
Graduate Diploma in Law, College of Law, London -
1999 — 2003
PhD Chemistry/Chemical Physics, King's College London -
1995 — 1999
MSc Chemistry , King's College London
Career history
- 2014 — present
Partner, EIP - 2012 — 2014
Senior Associate , EIP - 2009 — 2012
Associate, McDermott Will & Emery - 2008 — 2009
IP Barrister, practicing out of 8 New Square, Lincoln’s Inn - 2007 — 2008
Pupil Barrister, 8 New Square - 2003 — 2005
European Union Marie Curie Postdoctoral Research Fellow, Department of Chemical Physics, University of Lund, Sweden - 1999 — 2003
Demonstrator in Organic, Inorganic and Physical Chemistry , King’s College London
Awards and recognition
- Mentioned in Legal 500 2025 - ‘Robert Lundie Smith is very hard-working, conscientious, and has a real understanding of the technical, legal and strategic aspects of the cases he is working on.' (link)
- IAM Patent 1000 2024: “sharp, strategic, diligent and responsive. He is a litigator of the highest calibre with the rare balance of advocacy skill, pragmatism and technical aptitude. Robert is very hardworking, conscientious and dynamic – it is clear to see how he has won so many complex cases.” (link)
- Ranked as 'Patent Star 2024' IP Stars (link)
- Recommended in JUVE Patent UK rankings 2024. (link)
- Legal 500, 2024. 'Robert is an excellent litigator, running a calm and measured ship even under the heaviest of pressure, with an excellent grasp of both detail and the wider strategic context.' (link)
- WIPR Leader 2023, Patent Leaders, United Kingdom (link)
- IAM Patent 1000, 2023. 'Lundie Smith represents names in a range of technical fields and is a fierce and strategic advocate.' (link)
- Ranked as a 'Patent Star', IP Stars 2023
- Legal 500, 2023: "I highly recommend Robert Lundie Smith. He is very hardworking, conscientious, and has a real understanding of the technical, legal and strategic aspects of the cases he is working on." (link)
- Recommended IAM Patent 1000, 2022. (link)
- Ranked as a "Patent Star", IP Stars 2022 (link)
- Legal 500, 2022. (link)
- Recommended IAM Patent 1000, 2021. (link)
- Ranked as a "Patent Star", IP Stars 2021 (link)
- Legal 500, 2020. ‘Rob Lundie-Smith is a stand-out partner. (link)
- IAM Patent 1000, 2020. Robert "is a dab hand at overseeing parallel proceedings in multiple jurisdictions." (link)
- IP Stars 2020, Ranked as a "Unranked Practitioner".
- Legal 500, 2019 (link)
- IAM Patent 1000, 2019. Robert is "easy to work with and very analytical” and “charming, intelligent and massively hardworking.” (link)
- Legal 500, 2018
- IAM Patent 1000, 2018. “Lundie Smith drafts excellent statements of claim. He’s very analytical, extraordinarily diligent and easy to work with – someone who really goes the extra mile for clients and whose reputation is well deserved.”
- WTR Trademark 1000, 2018. Robert Lundie Smith is "a star of the future" and has "clear and concise advice and accurate risk assessments". (link)
- Legal 500, 2017.
- IAM Patent 1000, 2017. Chemistry PhD Smith is “technically excellent, with a good eye for the detail. Tactically, he runs his cases very well, positioning himself to extract every ounce of benefit he can from his client’s position, and with the ability to change gears and direction when opportunities present themselves”.
- Legal 500, 2016. Robert is an "exceptionally skilled litigator".
- IAM Patent 1000, 2016. Robert “drafts fantastic statements; he is really analytical and, moreover, easy to work with”.
Speaking engagements
- 15 July 2016
UAL Graduate Futures Week, You own your ideas: protecting your work and intellectual property (link) - 25 April 2016
Society of Chemical Industry, What a chemist needs to know about patents - 2 March 2016
King’s College London, Pharmaceutical Sector Spotlight: Patent Law - 3 April 2014
Society of Chemical Industry, What a chemist needs to know about patents - October 2013
Own-It, How to enforce your IP rights (link) - 23 April 2013
UAL Student Enterprises and Employability workshop , Trademarks - 19 April 2013
Equity, IP Small Claims Track - March 2013
Central St Martins College, IP Overview workshop - 13 February 2013
Central St Martins College, IP Overview workshop
Additional information
- Called to the Bar of England and Wales July 2007