Edmund Eustace

CALL: 2019
Edmund Eustace
Edmund joined 8 New Square as a tenant in October 2020 following successful completion of pupillage.

Edmund specialises in all aspects of intellectual property law including patents, trade marks, passing off, design rights, confidential information, copyright and databases, and related areas of contract law, jurisdiction, FRAND licensing and other commercial matters.

Prior to commencing pupillage, and whilst studying the GDL in his evenings, Edmund spent two years working as a trainee patent attorney at Kilburn & Strode where he was involved in drafting patents, patent licensing issues, and patent prosecution (involving patents in the fields of telecommunications, electronics, materials science and medical devices), including oppositions and appeals before the UKIPO and EUIPO.

Whilst studying the BPTC, Edmund also tutored intellectual property law to students from Kings College London and Queen Mary University of London.

  • Experience

    Patents & SPCs

    Conversant v Apple: assisted Charlotte May QC and Lindsay Lane QC in preparation for this trial concerning hierarchical menu systems on mobile devices.

    Communis v Tall Group: assisted Henry Ward in this trial concerning cryptographic security of cheques.

    Element Six v IIa Technologies: An appeal to the Court of Appeal of Singapore concerning infringement of a patent in the field of chemical vapour deposition diamond manufacture. Assisted James Mellor QC and Maxwell Keay in preparing written submissions.

    Coloplast v Salts Healthcare: A case concerning ostomy collecting bags. Assisted Andrew Lykiardopoulos QC and Maxwell Keay in preparing of evidence and expert reports.

    Illumina v MGI: A case concerning the synthesis of rhodamine dyes and their use in labelling nucleotides used for DNA sequencing. Assisted Isabel Jamal in the preparation of expert evidence.

    Add2 v dSPACE: A case concerning multi-channel signal interface systems for simulating automotive and aerospace systems. Assisted James Mellor QC and Maxwell Keay in preparation for a CMC including resisting an application for disclosure and inspection and making an application for security. Also assisted in preparing evidence for trial.

    Interdigital v Lenovo: assisted Isabel Jamal in the drafting of a Reply Statement of Case on Validity in this infringement, validity and essentiality case involving a Standard Essential Patent

    O/406/20: assisted Maxwell Keay in the preparation of written submissions to the IPO in a request for the Comptroller to decline to deal with an entitlement reference.

    Assisted Lindsay Lane QC in the drafting of Particulars of Claim in an action for unjustified threats and James Mellor QC in preparing a note of advice on targeting and parallel imports.

    Edmund has also assisted members of chambers in cases involving fire extinguisher technology and a claim for entitlement, breach of confidence, breach of contract, and copyright infringement arising from the filing of a pharmaceutical patent.

    Copyright & Databases

    Warner v TuneIn: case concerning the scope of the right of communication to the public. Assisted Jaani Riordan in drafting the grounds of appeal and a skeleton for the final order hearing.

    Take-Two v Salon & Independent: assisted Tom Moody-Stuart QC and Maxwell Keay in preparing for a CCMC in this case involving infringement of copyright, passing off, procuring breach of contract, infringement of registered trade marks, false attribution of copyright works and malicious falsehood.

    Sothebys v Conde Nast Publications: assisted Lindsay Lane QC in preparing this defence and counterclaim for alleged infringement of the 1911, 1956 and 1988 Copyright Acts involving the works of a famous photographer

    Assisted Jaani Riordan in the drafting of particulars of claim involving issues of database rights, copyright infringement and breach of contract concerning operating system software and documentation

    Edmund has also assisted in drafting opinions or advices on:

    • subsistence, infringement and fair dealing defences involving a popular documentary on Netflix (with Jaani Riordan)
    • database rights and copyright infringement involving the 1956 and 1988 Copyright Acts, concerning the creation of an online catalogue of reports and articles (with Jaani Riordan)
    • derogatory treatment and the fair dealing defences involving the works of a famous photographer (with Charlotte May QC)
    • ownership of copyright arising from a university PhD project (with Maxwell Keay).

    Trade marks & Brands

    Sazerac v Halewood: assisted James Mellor QC and Maxwell Keay in preparation for this trial concerning trade mark infringement of a whiskey brand.

    EasyGroup v EasyVoyage: assisted Jessie Bowhill with preparation of skeleton arguments in a strike out claim.

    SWIPE trade mark opposition: assisted Charlotte May QC in this trade mark opposition hearing relating to the mark SWIPE RIGHT.

    Next v NZXT: Assisted Ashton Chantrielle with preparation of skeleton arguments in a trade mark opposition hearing relating to the mark NZXT.

    Assisted Ashton Chantrielle in drafting a defence in a case involving alleged trade mark infringement and passing off of a feminine hygiene and medicinal product brand.

    Assisted Ashton Chantrielle in drafting a defence and counterclaim in a case involving alleged trade mark infringement and passing off of a hydroponics brand.

    Assisted Jaani Riordan in drafting a reply and defence to counterclaim.

    Also involved in preparing pleadings and advice in cases involving infringement of trade marks and passing off in the field of caravans, supermarkets, cocktail bars, beverages, financial services, clothing brands.

    Design Rights

    Edmund has assisted in writing pleadings, draft orders and advice on:

    • a design right and copyright infringement case involving women’s blazers (with Ashton Chantrielle)
    • a design right and copyright infringement case involving fancy dress costumes (with Ashton Chantrielle)
    • a design right case involving watches (with Jaani Riordan)
    • a design right case involving crockery (with Lindsay Lane)
    • a design right case involving shoes (with Lindsay Lane).

    Trade Secrets & Confidentiality

    Edmund has assisted in writing pleadings on:

    • breach of confidence, breach of contract and copyright infringement involving software (with Jaani Riordan)
    • breach of confidence involving compositions of glass
    • breach of confidence and various other claims involving sports betting data (with Lindsay Lane QC).

    Media, Sport & Entertainment

    Assisted Lindsay Lane QC in drafting a counterclaim in a case involving breach of competition law, breach of contract, trespass, breach of confidence and unlawful means conspiracy.

    Edmund has also assisted Jaani Riordan in preparing for an injunction involving sports streaming websites; in advising clients on licence agreements involving music streaming apps; and advising clients in relation to a claim for breach of contract involving the retraction of an article from an academic publisher of journals.

    IT & Telecoms Disputes

    Software Solutions v 365 Health and Wellbeing: Case involving alleged infringement of copyright and database rights in software. Assisted Jaani Riordan in preparing for a CMC involving a dispute as to confidentiality clubs, disclosure and amendments to statements of case.

    Assisted Jaani Riordan in drafting particulars of claim in a case involving alleged breach of software developing contract.

    FRAND & Competition Law

    Interdigital v Lenovo: A FRAND case involving various technical and non-technical trials. Edmund is currently instructed regarding an upcoming CMC. As a pupil he also assisted Isabel Jamal in drafting amendments to various pleadings.

    PanOptis v Apple: A FRAND case involving various technical trials and non-technical trials concerning licensing terms, Huawei v ZTE-type abuses of dominance under Art.102 TFEU and unwilling licensee claims. Assisted Isabel Jamal and Jennifer Dixon in drafting a response to an application for permission to appeal to the Court of Appeal, assisted in drafting a skeleton and draft order for a CMC hearing, and assisted in drafting various amendments to pleadings.

    Jurisdiction & Remedies

    Easygroup v ATR: assisted Jaani Riordan in this application for permission to serve out of the jurisdiction involving trade mark infringement, passing off and conspiracy against a Colombian domestic airline and a French aircraft manufacturer.

    Wheat v Google: assisted Jaani Riordan in this appeal against a decision to refuse to grant the appellant permission to serve Google out of the jurisdiction, concerning the communication to the public right.

    Edmund has also assisted various members of chambers on jurisdiction and forum non conveniens issues involving the Protocol on Recognition, the Recast Brussels Regulation, and the Civil Jurisdiction and Judgments Act 1982.

  • EDUCATION & AWARDS

    MEng, General Engineering (specialising in mechanical and biomedical), University of Cambridge (2015, Distinction)

    Certificate in Intellectual Property Law, Queen Mary University of London (2018, Distinction)

    GDL, BPP Law School (2018, Distinction)

    BPTC, BPP Law School (2019)

    Engineering

    Reece Foundation/Arkwright Undergraduate Engineering Scholarship

    James Dyson Award

    Jesus College Scholarship

    Arkwright Scholarship

    Law

    Lord Mansfield Scholarship

    BPP Excellence Scholarship

    BPP Advocacy Scholarship

    QMUL Director’s Prize for Excellence in Competition Law

    Prize for individual mooting at the Oxford International Intellectual Property Moot 2019

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