Profile
Richard was called to the Bar in 1992. His practice encompasses all aspects of IP with a particular emphasis on patents. This builds upon his unique background, first as an electrical engineer and later as a Chartered and European Patent Attorney.
Richard’s patent practice encompasses a diverse range of technologies. These include his specialist field of electronics but also mechanical engineering, chemical engineering together with some pharmaceutical and biochemical work. He has particular expertise in the telecommunications sector having advised LG Electronics and Symbian as well as acting for Motorola in recent litigation against Research in Motion.
His dual qualification as a European Patent Attorney has resulted in him appearing frequently before the European Patent Office.
Richard also advises regularly on the law of designs - both registered and unregistered before a variety of tribunals in the UK and the Community. He is one of the few counsel to have appeared before the General Court (in one of the first designs cases to have come before it) and one of the very few to have appeared before the UK Registered Designs Appeal Tribunal. His trade mark work is extensive and, in addition to appearing before the UK tribunals and courts, he has acted in cases before OHIM and the CFI.
In addition to his IP practice, Richard also advises on a multiplicity of IT matters, in particular in relation to contractual issues involving a technical aspect, the licensing of IP rights and software copyright.
Richard lectures and tutors regularly on IPRs to patent and trade mark attorneys and solicitors. He is also a tutor at Nottingham Law School on its LLM in Advanced IP litigation. He is the author of the chapter on designs in Intellectual Property in Europe (Sweet & Maxwell, 2007, 3rd ed).
Richard is the only practising member of the Bar also to have qualified as a Chartered and European Patent Attorney. He is also a Chartered Engineer.
Career
Richard has a first degree in engineering from Cambridge University and joined Marconi as a digital design engineer after graduation.
After his initial training as a barrister, he spent 5 years with a leading firm of patent attorneys in London. During that period he worked predominantly in the electronics and software fields.
He returned to practice at the Bar in 1998.
Cases
Patents (UK)
Re Symbian’s Patent [2009] RPC 1, Re AT&T Knowledge Ventures LP [2009] FSR 19, Re Bloomberg’s Patent [2007] FSR 26, Re Shopalotto’s patent [2006] RPC 7. Richard has acted in many of the leading cases concerning inherent patentability. He was also instructed in respect of the petition to the House of Lords in Macrossen’s Application.
RIM v Motorola. Series of cases concerning essential and non-essential 2.5G / 3G telecoms patents. The subject matter of the patents included system architecture, MAC layer protocols and device functionality.
FASL v Loft Stairs Ltd [2009] FSR 24. Patent trial (without a leader) including unusual construction and novelty issues.
Dyson v Samsung [2009] FSR 19. Patent trial (without a leader) concening cyclone technology.
Vector v Glatt [2007] RPC 12 – High Court patent revocation action and subsequent appeal concerning a fluidised bed processor including an application for post-grant amendment.
Secretary of State for Education & Skills v Frontline Technology Limited [2004] EWHC 1487 Acted for the Government in a patent revocation action concerning a computerized registration system. [2005] EWHC 37 - Issues of estoppel in post-judgment amendment application.
Re Hartington Conway’s patent [2004] RPC 6 & 7 - An entitlement dispute which ultimately turned on an estoppel point and subsequent appeal to the High Court.
Patents (EPO)
T 1083/03 - Technical Board of Appeal proceedings concerning inventive step of a complex ‘essential’ 2.5G mobile phone patent.
T 764/02 – Acted for patentee against 9 opponents concerning novelty / inventive step / inherent patentability of a financial software invention.
T 439/06 [2007] OJEPO 491 [2008] EPOR 8 – Potentially landmark EPO Technical Board of Appeal proceedings concerning the application of the principle of proportionality in restitutio proceedings.
J 6/02 - Legal Board of Appeal proceedings concerning correction under r88 EPC.
Re: EP ‘513 - Opposition Division concerning an electronics patents alleged to lack novelty / inventive step on the basis of prior use which involved extensive examination of witnesses.
Designs / Trade Marks
Woodhouse v Aquila [2006] RPC 1 – Registered design infringement / validity action under the ‘new’ law and associated UK UDR action.
Crystal Canopies Ltd v Tempest Shield Fibreglass Roofing Ltd (unreported, 3 November 2000, Laddie J (Registered Design Appeal Tribunal)). A successful appeal against the design of the Registry on a contentious entitlement issue leading to the revocation of the design.
Telepharmacy Solutions Trade Mark [2006] ETMR 10 Trade mark hearing before the Court of First Instance of the European Court of Justice.
Jaleel’s TM Application [2000] RPC 471 - Hearing before the Appointed Person concerning a 3 dimensional shape mark.
IT
Meridian International Services Ltd v Richardson [2007] EWHC 2539 (Ch) Week long computer software / IT speedy trial. A fact heavy case which turned on the oral evidence.
J 18/09 – Legal Board of Appeal concerning PCT / EP interface and the possibility of entering EP national phase via a divisional application (to permit prosecution of unsearched subject matter).
Directory & testimonial Quotes
Chambers & Partners 2012
In Intellectual Property: "Richard Davis has that "great scientific knowledge" that proves such an advantage to a patent specialist. He has particular expertise in matters relating to electrical engineering, having worked in that field before being called to the Bar. Recently, he represented Motorola in a series of patent infringement and validity cases against Research in Motion."
Legal 500 2011
Richard is recommended as a leading junior in the field of Intellectual Property.
Chambers & Partners 2011
In Intellectual Property: Richard Davis is "excellent for patent work" and has great experience of appearing in highly technical cases involving electronics and software.
Chambers & Partners 2010
In Intellectual Property: Richard is “a knowledge of patents unequalled among the junior bar”.
Interviewees value Richard Davis for his "accessibility and down-to-earth yet knowledgeable approach."
Membership
Chartered Institute of Patent Attorneys: Fellow; Elected member of council.
Institute of Engineering and Technology (formally Institute of Electrical Engineers)
European Patent Attorney
Chartered Patent Attorney
Chartered Engineer
Qualifications and Regulations
Qualifications
Richard has a first degree in engineering from Cambridge University and joined Marconi as a digital design engineer after graduation. After his initial training as a barrister, he spent 5 years with a leading firm of patent attorneys in London. During that period he worked predominantly in the electronics and software fields. Richard is the only practising member of the Bar also to have qualified as a Chartered and European Patent Attorney. He is also a Chartered Engineer.
Regulation
Richard 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: 28984)
He
has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/031). Please refer to the
BMIF website for full details of the world-wide cover provided, and the BMIF’s contact details.
Human interest
In his spare time Richard enjoys flying light aircraft and fiddling with (and occasionally driving) his TVR.