Intellectual Property
London (Bar)
26 years ranked
Provided by Three New Square IP
All aspects of intellectual property law, including regular EPO appearances. Cases include Arsenal v Reed (trademark, CJEU), Pozzoli v BDMO (mechanical patent, CA), Lundbeck v Teva (patent sufficiency, HL), L'Oreal v eBay (trademark, CJEU), Medeva's Patent (SPC, CJEU), Schutz v Werit (definition of "making", SC), Lilly v HGS (industrial applicability, SC; SPC, CJEU), Cadbury v Nestlé (3D trademark, CJEU), Hospira v Genentech (anti-HER2 antibody, CA), Lush v Amazon (trademark, online trading), Krka v AZ (damages enquiry), ISCC (patentability of stem cells, CJEU), Actavis v Lilly (equivalence, SC), Gilead v Teva (SPC, CJEU), Warner-Lambert v Actavis (plausibility, SC), Actavis v Icos (obviousness, SC), Lilly v Genentech (antibody technology), Sandoz v Janssen/Searle (SPC, CJEU), IPCom v Vodafone (Crown Use, CA), Fibrogen v Akebia (plausibility/undue burden, CA), Anan Kasei v Neo (damages enquiry), Pfizer v Moderna (Covid vaccine), Samsung Bioepis v Janssen.
Internship at Cold Spring Harbor Laboratory, USA 1990-91. Trinity College, Cambridge, 1991-94, First Class Hons Natural Sciences. City University (Dip-Law), 1995 (Distinction). Called to the Bar 1996. Standing Counsel to the Comptroller General for Patents Designs and Trade Marks 2009-2014. KC 2014. Appointed Person to hear trade mark appeals 2016-. Called to the Irish Bar, 2021 & UPC Representative. Appointed Deputy High Court Judge 2024.
'Two Genes in Saccharomyces Cerevisiae Encode a Membrane Bound Form of Casein Kinase-1' Wang, Vancura, Mitcheson and Kuret (1992).
Terrell on the Law of Patents 20th Edition (2024).
Provided by Chambers
Thomas Mitcheson KC is a very popular silk recommended for his calm demeanour, excellent client service and strong cross-examination skills. He is noted for his handling of patent and trade mark litigation, including oppositions and infringement claims, and is active in appellate work at the very cutting edge of the law. He has notable experience acting for life sciences companies in supplementary protection certificate disputes.
Provided by Chambers
Tom is brilliant to work with. He is able to tie together the practical commercial issues and legal matters and see the end goal without letting one come before the other.
Clients love him. His advice is always of the highest quality, and his advocacy skills are unparalleled.
A fantastic advocate who is user-friendly, sharp, into the technical detail and commercially savvy, Tom is a top choice KC for any life sciences case. He's the first on my list.
He gives very clear advice that is very commercial and pragmatic. In terms of his advocacy, he is always well prepared and runs persuasive arguments.
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