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Charlotte May KC

CALL: 1995 | SILK: 2014
Charlotte May KC
With an exceptional reputation for client care, Charlotte is a leading silk in IP and media & entertainment.

Charlotte is a strong team leader, with an inclusive style that makes every member of the team feel respected and appreciated. With a background in biochemistry, she has an eye for detail without losing a clear strategic overview and is particularly good at devising litigation strategies commensurate with clients’ commercial objectives.  She was appointed a Deputy High Court Judge in October 2021. She is also an accredited mediator, with an effective manner that helps to lead warring parties to resolution.

Charlotte was described as a “female QC trailblazer” in Managing Intellectual Property’s 50 Most Influential People in IP 2019.

  • Experience

    Patents & SPCs

    • Teva Pharmaceutical Industries Ltd v Grünenthal GmbH [2023] EWHC 1836 (Pat); formulation patent for treating hypogonadism; whether claim plausible across its scope; patent invalid; lead counsel for claimant.
    • Astellas Pharma Inc v Teva Pharmaceutical Industries Ltd [July 2022, judgment outstanding]; formulation patent for treating overactive bladder syndrome; validity and infringement;
    • Neurim Pharmaceuticals (1991) Ltd v Teva UK Ltd [2022] EWHC 1641 (Pat); alleged patent infringement; application for interim injunction; adequacy of damages; balance of convenience; change of circumstances; indemnity costs; injunction refused; lead counsel for defendant.
    • Neurim Pharmaceuticals (1991) Ltd v Teva UK Ltd [2022] EWHC 954 (Pat): alleged patent infringement; application for interim injunction; adequacy of damages; balance of convenience; injunction refused; lead counsel for defendant.
    • Novartis AG v Teva UK Ltd & Ors [2022] EWCA Civ 775, [2022] EWHC 959: whether court has jurisdiction to grant interim injunctive relief in respect of patent application; application for interim injunction; lead counsel for claimant.
    • Optis v Apple [2022] EWHC 561 (Pat): infringement and validity of patent relating to operation of mobile phones; whether patents standard essential; lead counsel for defendant.
    • Edwards Life Sciences
    • Dr Reddy’s v Warner Lambert [2021] EWHC 2182 (Ch): damages inquiry in respect of cross-undertaking in damages; counterfactual assumptions; case management; lead counsel for defendant.
    • Fisher & Paykel Healthcare Ltd v Flexicare Medical Ltd [2020] EWHC 3282 (Pat); infringement and validity of patent relating to breathing tubes; lead counsel for defendants.
    • Teva UK Limited v Chiesi Farmaceutici SpA [2020] EWHC 1311 (Pat): application to strike out a claim for quia timet patent infringement; application refused; lead counsel for defendants.
    • Master Data Centre v Comptroller General of Patents [2020] EWHC 572 (Pat); [2020] EWCA Civ 475 (sub nom Genentech Inc v Comptroller General of Patents); application to rectify expiry date of SPC; application refused; counsel for claimant.
    • Conversant v Apple [2019] EWHC 3266 (Pat): alleged patent infringement and validity of a user interface for a smart phone; patent invalid for obviousness; lead counsel for defendant.

    Copyright & Databases

    • Abot Hameiri Communication v Banujay Group [2017]: TV Format Dispute.
    • ITV v TVCatchup [2015] EWCA Civ 204: scope of s.73CDPA.
    • FAPL v QC Leisure [2012] EWCA Civ 1708: communication to the public; screening football matches in pubs using foreign decoder cards.

    Trade marks & Brands

    • Volvo v Volta (March 2023); opposition based on earlier mark; decision outstanding.
    • Swatch AG v Apple Inc [2021] EWHC 719 (Ch): bad faith; intention; parody; appeal from registry.
    • Official charts TM O/105/22: descriptiveness; distinctiveness; registry opposition.
    • Cartier v BT [2018] UKSC 28: costs of blocking injunctions.
    • Walton International v Verweij Fashion [2018] EWHC 1608 (Ch): infringement; non-use; bad faith; earlier rights; counterclaim in passing off; honest concurrent use; abuse of process.
    • FIL Ltd v Fidelis Underwriting Ltd [2018] EWHC 1097 (Pat): infringement; non-use; descriptiveness; bad faith; services with insufficient clarity or precision.

    Design Rights

    • Christine Kendall Couture Ltd v Alexander McQueen [2017]: allegations of design right infringement in respect of wedding dress design.

    IT & Telecoms Disputes

    • Optis v Apple [2022] EWHC 561 (Pat): infringement and validity of patent relating to operation of mobile phones; whether patents standard essential; lead counsel for defendant.
    • Conversant v Apple [2019] EWHC 3266 (Pat): alleged patent infringement and validity of a user interface for a smart phone; patent invalid for obviousness; lead counsel for defendant.
    • Unwired Planet v Huawei & Ors [2015] EWHC 3366 (Pat): validity and infringement of mobile phone standard essential patent.

    Internet Law & Cybersecurity

    Jurisdiction & Remedies

    • Novartis AG v Teva UK Ltd & Ors [2022] EWCA Civ 775, [2022] EWHC 959: whether court has jurisdiction to grant interim injunctive relief in respect of patent application; application for interim injunction; lead counsel for claimant.
    • Cartier International v BT [2018] UKSC 28; Cartier International v British Sky Broadcasting [2014] EWHC 3354 (Ch); [2016] EWCA Civ 658: whether court had jurisdiction to grant blocking injunctions.
    • Walton International v Verweij Fashion [2018] EWHC 1608 (Ch): whether notice of discontinuance an abuse of process.
    • Celltrion Inc v Biogen Idec Inc [2016] EWHC 188 (Pat): listing patent trial within 12 months of issue of claim even before CMC.
    • Thomas Pink v Victoria’s Secret [2104] EWHC 3258 (Ch): costs recovery in respect of budgeted costs.

    Media, Sport & Entertainment

    Charlotte has a portfolio of loyal media clients. She regularly advises on TV format disputes.

    Arbitration & Mediation

    Charlotte is a trained mediator and has a strong track record of successfully mediating disputes. She has also represented clients in a number of confidential mediations.

  • Education & awards
    • Biochemistry, Brasenose College Oxford (2:1)
    • Diploma in Law, City University (with Commendation)
  • Professional memberships
    • Bar Council Wellbeing Committee Member
    • ChBA Wellbeing and CSR Committee Member
    • ITMA Copyright and Designs Committee Member
    • Chair of Chambers’ Equality, Diversity and Wellbeing committee
    • Member of ChBA, ITMA, IPBA
  • Other relevant information
    • Mediator – see above
  • Hobbies & interests
    • Pilates
    • Running
    • Dancing
    • Eating out

Contact Charlotte May KC's clerks

Whilst barristers have a designated practice management team, all the clerks have the capacity and knowledge to assist in cases involving all counsel.

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