David Rose

David Rose

Partner and Head of Patents, Mishcon de Reya LLP
[email protected]

David is a Partner in the Intellectual Property Department and heads up the firm's Patent Group. His practice focuses on clearing, protecting and enforcing IP rights.

David is a highly experienced litigator and one of only a small number of IP lawyers in the UK who have taken both patent and trade mark cases to the Court of Justice of the European Union.

He has acted in a number of high profile and often ground-breaking cases before both the UK and European Courts including successfully representing Sky in the first passing off case to reach the UK's highest court (the Supreme Court) in over 25 years (Starbucks v. Sky) and acting for Nintendo in securing the first ever blocking injunction against ISPs in reliance on technological protection measures under the UK's copyright legislation. Additional high profile actions include: HTC v Gemalto; Sky v Microsoft; Napp v Sandoz; ratiopharm v Alza; Sky v Skype; Marks & Spencer and others v One in a Million; Lupin v. Gilead; Ann Taylor v. Holzer; 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; Warner-Lambert v Dr Reddy's Laboratories Limited; easyGroup v. Nuclei and IWG.

In the patent sphere, David advises on infringement, validity and ownership disputes, the scope of protection of Supplementary Protection Certificates (SPCs) and disputes over standard essential patents (SEPs) including their licensing on FRAND terms (principally for implementers). He also has considerable experience advising on "clearing the way" strategies in relation to pharmaceutical patents. Recent representations include acting for Lupin in its successful application to revoke Gilead's SPC for the HIV treatment Truvada® following hearings before the Grand Chamber of the Court of Justice of the EU and the Court of Appeal in London.

In the area of brand and design protection, David has extensive experience advising on brand and design portfolio management with particular expertise acting in administrative proceedings before the UKIPO and the EUIPO and their respective appellate tribunals, including appearing successfully in numerous cases before the General Court of the EU. 

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, CITMA, AIPPI and INTA.

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