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.
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Experience
Patents & SPCs
Ericsson v Apple (ongoing) – currently instructed as junior counsel in this telecoms case involving 4G and 5G patent essentiality/validity trials in a wider FRAND dispute.
Novartis v Teva (ongoing): currently instructed as junior counsel for Novartis in these expedited patent proceedings concerning a patent to a dosage regime.
Ocean on Land v Northbay (ongoing): currently instructed by the Defendants in this IPEC trial concerning patent validity and infringement, trade mark infringement, breach of contract, and threats.
Godo Kaisha IP Bridge 1 v Huawei Technologies Co Ltd: instructed as junior counsel for a patent validity and essentially trial involving 8 patent families in wider FRAND proceedings.
Novartis v Teva: appeared as junior counsel for Novartis in this appeal concerning the refusal to grant an interim injunction to prevent generic provision of the drug fingolimod.
InterDigital v Lenovo [2022] EWHC 10 (Pat): appeared as junior counsel for InterDigital alongside Adrian Speck QC and Mark Chacksfield QC in this telecommunications patent trial concerning MAC multiplexing and TFC selection procedure for enhanced uplink.
Conversant v Apple: assisted Charlotte May QC and Lindsay Lane QC in 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.
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.
Edmund has also assisted members of chambers in cases involving fire extinguisher technology; unjustified threats; and a claim for entitlement, breach of confidence, breach of contract, and copyright infringement arising from the filing of a pharmaceutical patent.
Copyright & Databases
Edmund regularly advises and prepares pleadings on copyright matters. His recent work covers copyright in photographs, films, and classic cars; the artist’s resale right; and database rights in football match data.
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
Edmund has also assisted in drafting opinions or advice 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
Edmund regularly advises and prepares pleadings on trade mark and passing off matters, and has recently advised in the field of restaurants, football clubs, medical devices, supermarkets, cocktail bars, beverages, financial services, and clothing brands.
Ocean on Land v Northbay (ongoing): currently instructed by the Defendant in this IPEC trial concerning trade mark infringement, breach of contract, patent validity and infringement, and threats.
Global v The Official Charts Company: appeared as junior counsel alongside Charlotte May QC in this trade mark opposition hearing relating to the mark OFFICIAL CHARTS.
Sazerac v Halewood: assisted James Mellor QC and Maxwell Keay in preparation for this trial concerning trade mark infringement of a whiskey brand.
Lunar Holdings Ltd v Lunar Automotive Ltd: assisted Maxwell Keay in preparing pleadings in this case concerning trade mark infringement and breach of contract.
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.
Design Rights
Edmund regularly advises and prepares pleadings on design right and copyright matters, including recent work involving classic cars, vacuum cleaners, blazers, watches, fancy dress costumes, crockery and shoes.
Trade Secrets & Confidentiality
Edmund is currently instructed on a case involving breach of confidence concerning the manufacture of batteries.
Edmund has assisted in writing pleadings and advice on breach of confidence cases involving software, compositions of glass and sports betting data.
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.
FRAND & Competition Law
Godo Kaisha IP Bridge 1 v Huawei Technologies Co Ltd (ongoing): currently instructed in these global FRAND proceedings.
InterDigital v OPPO (ongoing): currently instructed in these global FRAND proceedings involving a question of the court’s jurisdiction.
Nokia Technologies Oy v Oneplus Technology (Shenzhen) Co Ltd [2022] EWCA Civ 947: appeared as junior counsel alongside Nicholas Saunders QC and Joanne Box in this appeal concerning the court’s jurisdiction in global FRAND proceedings.
InterDigital v Lenovo: appeared as junior counsel alongside Adrian Speck QC, Mark Chacksfield QC, Isabel Jamal and Tom Jones in this FRAND trial in January/February 2022 involving questions of licence valuation; patent counting; hedonic regression; French, US and Chinese law; and willingness. Awaiting judgment.
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
Nokia Technologies Oy v Oneplus Technology (Shenzhen) Co Ltd [2022] EWCA Civ 947: appeared as junior counsel alongside Nicholas Saunders QC and Joanne Box in this appeal concerning jurisdiction in FRAND proceedings.
Novartis v Teva: appeared as junior counsel for Novartis in this appeal concerning the refusal to grant an interim injunction to prevent generic provision of the drug fingolimod.
Ocean on Land v Northbay: appeared for the Defendant, resisting an application for Pre-Action Inspection and Disclosure
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
Contact Edmund Eustace'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.