He has been lead counsel in a number of defining cases in electronics, pharmaceuticals, biophysics and biotechnology, as well as some of the leading trade mark and media disputes. Daniel has a broad practice, focussing on intellectual property but extending to contractual cases, IT, media/entertainment law and a range of international disputes. He is rated in the top band of QCs in IP in legal directories. He also sits part-time as a judge and arbitrator.
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Experience
Patents & SPCs
- Accord v Celgene [2018]: patent action relating to thalidomide analogue.
- Silence v Alnylam [2018]: patent/Supplementary Protection Certificate matter relating to small interfering Ribonucleic Acid (siRNA).
- Teva v. Gilead [2017] EWHC 13 (Pat) & [2018] EWHC 2416 (Pat): regarding the validity of supplementary protection certificate protecting Truvada. The leading case on Article 3(a) SPC Regulation in CJEU.
- Icescape Ltd v Ice-World International BV & Ors [2017] EWHC 42 (Pat) & [2018] EWCA Civ 2219: regarding the scope of claim following Actavis and law on priority.
- Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd & Ors [2018] EWHC 1216 (Ch): ongoing litigation concerning alleged SEPs and FRAND issues for various generations of telecoms.
- Bose Corporation v Freebit AS [2018] EWHC 889 (Pat): patent trial concerning in-ear headphones.
- Eli Lilly v Actavis UK Ltd & Ors [2017] UKSC 48: the leading case in Supreme Court on scope of patent protection.
- Shanks v Unilever Plc & Ors [2014] EWHC 1647 (Pat) & [2017] EWCA Civ 2: leading case on employee compensation currently before Supreme Court.
- Novartis Ag & Ors v Focus Pharmaceuticals UK Ltd & Ors [2015] EWHC 1068 (Pat) & [2016] EWCA Civ 1295: regarding patent for rivastigmine delivery systems.
- Thoratec Europe Ltd v AIS GmbH Aachen Innovative Solutions [2016] EWHC 2637: patent case relating to cardiac pump device
Copyright & Databases
- AETN v Channel 4 [2006]: passing off case concerning use of programme title for alleged TV format.
- Estate of Francis Bacon v Artprints [2006]: Copyright case relating to works by Francis Bacon.
- Apple Corps v Apple Computer [2006] EWHC 996 (Ch): claim by the Beatles’ company in claim against Apple Computer in respect of breach of trade mark delimitation agreement.
- Clearsprings v Businesslinx [2005] EWHC 1487 (Ch): Implied terms in copyright licence.
- IPC v Mirror [2005] EWHC 317 (Ch): fair use defence to copyright infringement and the law on comparative advertising.
- British Horseracing Board v Cantor Index [2003] database right claim relating to horse racing information raising issues of UK and EU competition law.
Trade marks & Brands
- Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2016] EWHC 1537 (Ch): registrability of colour and design trade marks for pharmaceutical products.
- Maier & Anor v Asos Plc & Anor [2014] EWHC 123 (Ch) & [2015] EWCA Civ 377: alleged infringement of trade mark and scope of “own name” defence.
- Total Ltd v YouView TV Ltd [2014] EWHC 1963: media industry trade mark dispute.
- Fage v Chobani [2013] EWHC 630 (Ch) & [2014] EWCA Civ 5: leading case on extended passing off, concerning the phrase ‘Greek yoghurt’.
- Iliffe v HMRC [2012] UKFTT 696 (TC): leading case on assignment of unregistered marks in tax context.
- Donvand v Altun [2010]: trade marks and passing off for online travel business.
Design Rights
- Cantel Medical (UK) Ltd v ARC Medical Design Ltd [2018] EWHC 345 (Pat): registered/unregistered design and patent case regarding endoscopy devices.
- Spiralstem v Superframe & M&S [2002-2006]: design right in display equipment and inquiry as to damages.
- Landor & Hawa v Azure [2006] EWCA Civ 1285: design right case concerning s.213 CDPA and interpretation of “method or principle of construction”.
Trade Secrets & Confidentiality
- Conductive Ink-Jet Technology v Unipixel Display [2013] EWHC 2968 (Ch): confidential information and patents dispute with complex jurisdictional aspects.
- Proceedings before Special Commissioners of income tax [2006]: concerning claims to confidential information relating to formulae in context of CGT valuation.
- Oliver v Arbuthnot Latham [2001-2]: acting for merchant bank defending claim for breach of confidence in proposals for a property development.
- Surface Technology v Young [2002]: case concerning the transmission of rights of privilege and confidence in a liquidation. Acted for the defendant to proceedings on an application to determine where rights lay.
- Optimum Solutions v Yorkshire Electricity/Eastern Electricity [2001-2]: breach of confidence in electricity trading systems.
- Overseal v Phytone [1997]: action concerning confidential information in food additives.
Data Protection & Privacy
BUAV v Home Office [2008] UKIT EA: appeal from Information Tribunal concerning information relating to animal experiments.
IT & Telecoms Disputes
- SSA v Megger [2003] TCC: dispute concerning scope of copyright licence raising points of estoppel relating to financial software.
- NERC v McKeown [2000-2]: dispute concerning quality of a large software installation for major public research body.
- Abraxas v Nationwide [2002] claim for copyright infringement in insurance industry software.
- (See also above on telecoms patents cases)
Internet Law & Cybersecurity
- Cranway v Playtech[2009] EWHC 1588 (Pat): patent infringement claim for on-line gaming.
- Ellerman v Ritz [2001-2]: litigation concerning rights to use trade marks on the internet, raising issue of where use of a trade mark takes place on the internet.
Jurisdiction & Remedies
- Conductive Ink-Jet Technology v Unipixel Display [2013] EWHC 2968 (Ch): jurisdiction in confidential information and patent case.
- GAT v Luk [2004-6]: the leading ECJ case concerning jurisdiction under Article 16(4) of the Brussels Convention.
- Celltech v Medimmune [2003] EWCA Civ 1008, [2004] EWHC 1124 (Pat) & [2004] EWHC 1522 (Pat): impact of an exclusive jurisdiction clause on forum non conveniens arguments.
- Apple Corps v Apple Computer [2004] EWHC 768 (Ch): Rome Convention on choice of law in an intellectual property agreement.
- British Horseracing Board v Cantor Index [2003]: database right claim relating to horse racing information raising issues of UK and EU competition law.
- Microsoft v BDL [1998]: article 86 allegations of predatory pricing and trade marks/copyright.
- IDEX v UPEK/ST [2007]: litigation involving right to recover payments in respect of use of four patents in field of fingerprint identification technology involving multi-jurisdictional issue.
Media, Sport & Entertainment
- AETN v Channel 4 [2006]: passing off case concerning use of programme title for alleged TV format.
- Estate of Francis Bacon v Artprints [2006]: Copyright case relating to works by Francis Bacon.
- Apple Corps v Apple Computer [2006]: claim by the Beatles’ company in claim against Apple Computer in respect of breach of trade mark delimitation agreement.
Arbitration & Mediation
- International arbitration at Special Chamber of ITLOS (Ghana v Cote d’Ivoire, 2015-2017): maritime boundary determination pursuant to UNCLOS. Counsel for Republic of Ghana in interim measures and merits stages.
- Premier League panel [2010-2017]: several confidential disputes between players and clubs, clubs and the Premier League. Arbitrator including chair of arbitral panel.
- LCIA Arbitration concerning biotechnology agreement (2007-2009): acted as counsel for biotech company.
- ICC Arbitration concerning biotechnology agreement (2007) – Appointed as member of arbitral tribunal but case settled at an early stage.
- ICC Arbitration concerning computer contract (2005) – Member of arbitral tribunal. Case settled after preliminary hearing.
- ICC Arbitration in Brussels concerning confidential formulations (2004-5) – Claim by US company against Belgian company and others relating to medical products. Acted as counsel for US company.
- ICC Arbitration in Amsterdam concerning movie channel (2003-4) – Member of arbitral tribunal. Claim by UK company against Dutch company.
- ICC Arbitration in London concerning petroleum industry joint venture (2003-2004)
- Acted as counsel for oil services company. Claim between members of large multinational groups.
- US Mediation-Arbitration concerning petroleum industry patents (2004) – Acting as expert witness on UK patent law in claims and cross-claims between US-based companies.
- Education & awards
- BA Physics and Philosophy (1st class, Oxford University, 1985).
- Diploma in Law (PCL, 1986).
- LLM (Harvard Law School, 1987).
- Kennedy Scholar and Lord Harlech Award, Harvard Law School.
- Queen Mother Scholar, Middle Temple.
- Wilde Prize (jointly) for Philosophy, Oxford University.
- Appointments
Current Appointments
- Deputy High Court Judge, 2006-.
- Appointed Person under the Trade Marks Act, 2009-.
- Member of the panel for disputes arising under Rules of the Premier League, 2007.
- Chair, Intellectual Property Bar Association, 2007-.
- Visiting Professor of Law, University College, London, 2007-2011.
- Chairman of the Intellectual Property Bar Association 2015-.
- Bencher, Middle Temple.
- Regularly appointed as mediator in commercial disputes.
Previous appointments
- Chair of the Code of Practice committee for the images and metadata strand of the Copyright Licensing Steering Group.
- Member of UK Government Commission on Intellectual Property Rights.
- Member of European Commission advisory group on the Biotechnology Patents Directive.
- Member of Bar Council and Bar disciplinary panels.
- Trustee of the Natural History Museum, London.
- Member of Oxford University Law Faculty advisory group.
- Trustee of Kennedy Memorial Trust.
- Governor, Bedales School.
- Trustee of the National Endowment for Science Technology and the Arts and chair of the Invention & Innovation and Finance & Audit Committees.
- Other relevant information
- Called to the New York Bar, 1988.
- Languages
German
Contact Daniel Alexander QC'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.