Tom has broad experience in patent and design right litigation in pharmaceuticals, medical and mechanical devices, and electronics, including advice concerning threats provisions. Specifics range from anti-sense DNA technology to combinatorial weighing machines, and from pulse oximetry systems to mosquito traps. Many of the matters in which he has been involved have an international aspect and Tom has experience in co-ordinating and managing litigation in multiple jurisdictions. He is a member of our Paris-based team.
He has particular expertise in biotech patent litigation. Tom has a degree in genetics and worked on the first patent case in the UK relating to genetically modified organisms, Monsanto v Cargill, and the first patent case in the UK on DNA sequences, Eli Lilly v Human Genome Sciences.
Tom has been involved in some of the most significant patent cases in the UK in recent years. Conor v Angiotech and Eli Lilly v Human Genomes Sciences both went to the House of Lords/Supreme Court highest appeal court, while Dr Reddy v Eli Lilly only reached the Court of Appeal but is the definitive case in the law of selection patents.
Tom lived in China for three years, where he managed intellectual property enforcement for a number of Western clients, including Dyson. He is named as an expert by the China IPR SME Helpdesk and his experience includes patent (design, utility and invention), trade secret, trade mark and copyright litigation against companies in provinces across China in sectors including capital and consumer goods, cosmetics and medical devices. He also has experience of non-judicial IPR enforcement in China at trade fairs, online and by Customs seizures.
Tom is recommended by IAM Patent 1000 and listed as an "IP Star" in the Managing Intellectual Property (MIP) IP Stars Handbook. IAM Patent 1000 says "From the off he’s approachable, thorough and accessible. He takes the time to understand situations clearly and liaise with internal counsel. It’s very clear that he thinks long and hard about how to get the best outcome for clients – he’s not someone who just goes through the motions. His legal writing is noticeably less ambiguous than that of most lawyers. He deals with the salient points in a clear and concise way.”
Cases include Grasslin GmbH v TFC LLP, MIPS AB v POC Sweden AB, Action Storage Ltd v G-Force Europe.com Ltd, Mr Cronk v Eden Horticulture Ltd, Conor Medsystems v Angiotech, Eli Lilly and Company v Human Genome Sciences, Dr Reddy Laboratories v Eli Lilly and Company, Eli Lilly and Company v Trident and v Neolab, G-Star v Rhodi, lntervet (UK) Ltd v Merial and Monsanto Technology LLC v Cargill International.
Tom joined J A Kemp in 2015 after working elsewhere in private practice.