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Adrian Speck KC

CALL: 1993 | SILK: 2012
Adrian Speck KC
Adrian Speck’s practice covers all aspects of Intellectual Property, Media and Entertainment and Information Technology law.

His clients vary from large biotechnology and pharmaceutical corporations, telecoms innovators and equipment manufacturers, substantial brand owners, broadcasters, publishers, television production companies and record companies to small businesses and private authors inventors and composers.

  • Experience

    Supreme Court

    • Sky v SkyKick [2024] UKSC 36. Trade mark case concerning partial revocation of marks pursuant to the bad faith objection.
    • Regeneron v Kymab [2020] UKSC 27. Appeal concerning transgenic mice and the sufficiency of patent claims covering them.
    • Unwired Planet v Huawei [2020] UKSC 37. FRAND dispute relating to telecoms Standard Essential Patents. This appeal determined that the UK courts could settle global FRAND terms.
    • Conversant v Huawei & ZTE. Jurisdiction challenge in a telecoms Standard Essential Patent case. This appeal was heard and determined by the Supreme Court at the same time as the Unwired Planet appeal.
    • Actavis & others v ICOS & Eli Lilly. [2019] UKSC 15. Patent dispute relating to dosing of tadalafil, a drug used to treat erectile dysfunction. The appeal is concerned with the correct approach to obviousness.
    • Warner Lambert v Generics & Actavis [2018] UKSC 56. Second medical use claims for pregabalin. This appeal considered both the degree of plausibility required for claims to be sufficient and the proper construction of second medical use claims and their infringement.
    • Cartier v BskyB [2018] UKSC 28. Appeal that considered which party should bear the cost of implementing injunctions against ISPs to secure the blocking of websites involved in intellectual property infringement.

    Recent patent trials and appeals

    Other notable appeals and trials as leading Counsel

    • Merck v Merck Sharp and Dohme [2024] EWHC 820 (Ch); [2020] EWHC 1273; [2017] EWCA Civ 1834: a long running dispute concerning the contractual and trade mark position of two major pharmaceutical companies. A particular focus of the dispute was the activity of the Defendant on the Internet.  The proceedings involved determination of liability and a subsequent dispute over declaratory relief as to multiple breaches of the court’s Order
    • Duchess of Sussex v Associated Newspapers [2021] EWCA Civ 1810; [2021] EWHC 273. Privacy and copyright dispute over publication of a letter sent by the Claimant to her father.
    • Davies v Wolverhampton Wanderers [2019] EWHC 1252 (Ch). Copyright claim relating to the Wolves logo.
    • Cartier v BskyB [2016] EWCA Civ 658; [2014] EWHC 3354 (Ch).  Case that established the court’s jurisdiction to grant injunctions against ISPs. In this instance it concerned blocking of websites involved in counterfeiting on basis of registered trade mark infringement.
    • Coward v Phaestos [2013] EWHC 1292 (Ch). Complex case concerning automated hedge fund software.

    Notable appeals and trials as junior Counsel

    • Biogen v Medeva [1997] R.P.C. 1. House of Lords appeal in a biotechnology patent dispute concerning patent for genetically engineered protein for use as a vaccine against Hepatitis B.
    • Scandecor Development v Scandecor Marketing [2001] UKHL 21. Appeal to the House of Lords in a dispute between two publishers of posters and calendars. The case concerned ownership of goodwill in the SCANDECOR mark used in relation to goods when a previously multi national group was divided.
    • Specsavers v Asda [2012] EWCA Civ 24; [2012] EWCA Civ 494; [2010] EWHC 2035 (Ch). Trade mark infringement and passing off case concerning advertising campaign adopted by Asda with slogans directed at Specsavers and with a new logo based upon the Specsavers logo.
    • Newzbin 2 [2011] EWHC 1981 (Ch). Action to compel ISPs to block the Newzbin website that had continued to operate after the successful claim was brought against its operators.
    • Newzbin [2010] EWHC 608 (Ch). Action brought by numerous owners of copyright in films against the operators of a website that enabled unlawful copies to be distributed on the internet, but which did not in fact host the copies itself.
    • Estate of Adrian Jacobs v Bloomsbury & JK Rowling [2010] EWHC 2560 (Ch) . Allegation of copyright infringement against JK Rowling in writing fourth book in the series of Harry Potter Books.
    • Bloomsbury & JK Rowling v News International [2003] EWHC 1205 (Ch). Claim relating to the theft of copies of an unpublished book. The case is notable for the successful application to obtain a ‘John Doe’ injunction (an injunction obtained against persons who were unidentified).
    • 19 TV v Freemantle & Cowell. Case concerning the television formats Pop Idol and X Factor. Case settled at the court door.
    • Norowzian v Arks [1999] EWCA Civ 3014; [1999] EWCA Civ 3018; [1998] EWHC 315 (Ch). A claim brought by a director of adverts alleging that a Guinness advert was an infringement of copyright in a short film he had made.
    • Haberman v Jackel [1999] EWHC 269 (Pat): patent infringement action concerning a commercially successful valve fitted to a toddlers’ trainer cup to make it leakproof.
    • Fort Dodge v Akzo [1997] EWCA Civ 3096. Jurisdictional dispute under the Brussels Convention in relation to proceedings for infringement of patent. This was the first case concerning the Brussels Convention jurisdictional rules and their application to IP disputes to reach the Court of Appeal.
    • Lancashire Fires v S.A. Lyons [1996] F.S.R. 629: Breach of confidence brought by a manufacturer of decorative gas fires against ex employees in respect of their use of a confidential process for manufacture of ceramic coals and logs.
  • Education and Awards
    • King’s College, Cambridge: BA Physics and Theoretical Physics (First Class Honours)
    • Inns of Court School of Law: Wilfred Parker Prize
    • Gray’s Inn: Bird & Bird Award; Karmel Awards
    • King’s College: Scholar; Richard’s Prize
  • Professional memberships
    • IP Bar Association
    • Chancery Bar Association

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