Profile
Peter is an intellectual property practitioner of more than twenty years call. He has a strong scientific background and experience of a broad range of technologies. His practice ranges from UK and European patent work, through designs, trademarks, and copyright to performers’ rights, IT and other contract disputes, including cases with a scientific or technical aspect. He appears in the High Court, the Patents Court, the Patents County Court, the Appellate Courts, the Patent Office and the Trade Mark Registry, and has an extensive practice in the European Patent Office.
Peter is an EPO Legal Practitioner with registration no. 09004070
His scientific training included a 1st Class B.Sc. in Physics followed by a Ph. D. in Semiconductor Physics and a post-doctoral post at King’s College London, which included developing a spectroscopic technique and calibration for the optical measurement of the concentration of electrically active impurities in Silicon and higher microchip yields. This led on to a period with Perkin-Elmer Limited developing and project managing the development of their existing FTIR 1700 Fourier Transform Infra-Red spectrophotometers to the 1700X series and then undertaking the initial optical design for the even more successful FTIR 2000. This experience produced an understanding of both commercial and research and development environments, including involvement in mechanical, electronic and software design, computing, project management and the management of intellectual property rights in a business and a university environment.
Peter is recognised for his attention to detail and an ability to explain complex technical matters clearly and concisely.
He has a commercial approach to cases and, as is indicated by some of his significant reported cases, enjoys cases which raise unusual issues.
He has been one of the two co-editors of Melville: Forms and Agreements on Intellectual Property and International Licensing (3rd edition) since 1991 and, since 2004, has been the sole editor of the European Patent Office Reports.
Career
Previous Experience:
Peter undertook post-doctoral work at KCL, investigating the use of photoluminescence to quantify the degree of electrical cross-compensation in silicon as part of ALVEY 028. Subsequently he worked in industry for Perkin-Elmer Ltd, revising the optical and mechanical design of its 1700 series FT-IR spectrometers and developing the optical design of their FT-IR 2000 spectrometer.
Cases
National Starch/Brunob II – EPO Board of Appeal 2010 successful defence of the last two Novation® food starch patents which raised points on claims to products by process.
Michael Cohen – EPO Opposition 2010 successful defence of a patent relating to protection against armour piercing projectiles.
X v Y (parties' identities confidential) – TCC 2009-2010 case concerning alleged breach of contract relating to surgical implants and instrumentation.
The Quaker Oats Company – EPO Opposition 2008 – Insufficiency; Novelty; Inventive step.
IGT Appeals [2007] EWHC Civ 1341 (Pat) - Appeal to the Patents Court against the Comptroller’s refusal of 4 patent applications relating to distributed gaming systems.
X v Y (party’s identities confidential) TCC IT dispute concerning re-implementation of commodity trading software on new platform.
National Starch v Cerestar Holdings et al – Defence of Novation ® patent family - EPO Oppositions & Appeals 2005-2008 – Novelty; Inventive step.
National Starch & Ors v H B Fuller Licensing – Misc adhesive packaging patent EPO Oppositions & Appeals 2004-2008 – Novelty; Inventive step; Prior user.
Sabaf v Meneghetti [2005] RPC 10 (HL) & [2003] RPC 14 (CA) – House of Lords and Court of Appeal the ‘gas burners case’ which concerned – patent infringement by importation – invalidity – obviousness mere collocation of two known ideas.
Point Solutions Ltd v Focus Business Solutions Ltd [2007] EWCA Civ 14 – Court of Appeal - Copyright in computer software – challenge to refusal of declaration of non-infringement sought without independent expert comparison – appeal refused.
Point Solutions Ltd v Focus Business Solutions Ltd [2006] FSR 31 – Copyright in computer software – declaration of non-infringement sought without independent expert comparison – relief refused.
Electrocoin Automatics Ltd v Coinworld Ltd [2005] FSR 7 – infringement of BAR-X and OXO marks by inter alia use of BAR, X and O on fruit machine reels
Saint-Gobain v Fusion Provida & Electrosteel [2005] EWCA (Civ) 177 patent invalidity – obviousness – coating method for corrosion resistant piping – historical considerations – technical merit - “obvious to try”
QR Sciences Ltd v BTG International [2005] FSR 43 – Patent – Licence Agreement – Obligation to assign prior patents prior to abandonment – rectification – unilateral mistake – implied term
R v The Medicines Control Agency – Ex parte Smith & Nephew Pharmaceuticals Limited [1999] RPC 705 – Nature of the jurisdiction on cross-undertaking in damages and recoverability thereunder.
A Ltd v B Bank & C Bank [1997] FSR 165 (CA) – Justiciability of alleged patent infringement in relation to the circulation of foreign paper currency in the UK as an alleged Act of State.
Membership
Member Intellectual Property Bar Association
Member Chancery Bar Association
Associate CIPA
Member Royal Institution
Qualifications and Regulations
Qualifications
BSc Physics (1981) KCL, University of London, PhD Semiconductor Physics (1984) KCL, University of London, LLB (1988) University of London
Regulation
Peter is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is registered with the Bar Standards Board of England and Wales (Bar Ref: 24389)
He
has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/048). Please refer to the
BMIF website for full details of the world-wide cover provided, and the BMIF’s contact details.