Henry joined 8 New Square as a tenant in March 2020 following successful completion of pupillage.
Henry specialises in all aspects of intellectual property law including patents, trade marks and brands, copyright and databases and designs. Henry has worked on several cases involving competition law.
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Experience
Patents & SPCs
- Emotional Perception AI Limited v Comptroller General of Patents: An appeal concerning the patentability of AI inventions (with Mark Chacksfield KC), judgment awaited. Acted at first instance (O/542/22), a case cited in the UKIPO Guidelines on Examining patent applications relating to artificial intelligence (AI) inventions.
- Safestand Ltd v Weston Logistics Ltd & Ors (HP-2021-000042): Instructed with Andrew Lykiardopoulos KC in these patent and re-registered design proceedings concerning low-level access platforms, including representing the Claimant unled at a costs and case-management hearing and in a successful application for Mayne Pharma disclosure ([2023] EWHC 1098 (Pat)).
- Novartis AG & Anor v Teva UK Ltd & Ors [2022] EWHC 959 (Ch): Acted with Charlotte May KC and Lindsay Lane KC for the Claimant in this application for an interim injunction, which established that an interim injunction may be ordered on an ungranted patent application.
- Icon Health & Fitness, Inc. & Ors v Peloton Interactive, Inc. & Ors: appeared as junior counsel for Peloton (the Defendants) alongside Tom Moody-Stuart KC, in this successful application for a case management stay to await the outcome of parallel US proceedings.
- Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWHC 1739 (Pat): appeared as junior counsel for Optis (the Claimants) alongside Mark Chacksfield KC, successfully resisting a proprietary estoppel defence to a patent claim.
- Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWCA Civ 1619: Appeal concerning Standard Essential Patent relating to inter-RAT handover.
- Cabo Concepts Ltd v MGA Entertainment (UK) Ltd & Anor (HP-2020-000016): Acted with James St Ville KC in these proceedings featuring claims of unjustified threats of patent infringement proceedings.
- Bestway Inflatables & Material Corp v Benross Marketing Ltd & Ors (HP-2021-000017). Acted with Andrew Lykiardopoulos QC for the Third Defendant in this case about hot tub heaters.
- Instructed with Andrew Lykiardopoulos KC in a patent entitlement dispute relating to lithium-ion battery technology (settled).
As a pupil:
- Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd. Assisted Henry Ward on FRAND proceedings.
- L’Oreal (UK) Ltd v Liqwd Inc [2019] EWCA Civ 1943. Assisted Mark Chacksfield KC in appeal on claim broadening, obviousness and the Re: L jurisdiction to revise judgment before the order is sealed.
Copyright & Databases
- Pasternak v Prescott [2022] EWHC 2695 (Ch), [2023] F.S.R. 9: Acted with Andrew Lykiardopoulos KC for the Defendant in the successful defence of this copyright infringement claim relating to literary works on the life of Boris Pasternak and Doctor Zhivago.
- Confidential PACT-WGGB Screen Credit Arbitration: Successfully acted as sole counsel for a writer-director seeking a screenplay credit for an upcoming feature film release.
- Sky UK Ltd v British Telecommunications Plc [2023] EWHC 2252 (Ch): Successful application with Jaani Riordan for novel hybrid dynamic and static blocking order, protecting Sky’s broadcast rights in channel footage.
- Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors (IL-2020-000040): Acted for the Ninth Defendant, Football Dataco, in these proceedings concerning database rights, including at two unled CMCs (settled).
- Robsons Residential Lettings Ltd v Technology Blueprint Ltd (IL-2021-000051): Acted unled in a successful interim application for delivery up of a database of client information from an IT contractor.
- Advising different businesses including concert promoters and independent record labels on potential Copyright Tribunal proceedings in relation to direct licensing.
Henry has assisted as a pupil in drafting advices on:
- a potential Copyright Tribunal matter (with Daniel Alexander KC and Jaani Riordan);
- copyright in works of artistic craftsmanship and the effect of the recent Cofemel decision on copyright in design documents (with Tom Moody-Stuart KC);
- communication to the public (with Andrew Lykiardopoulos KC);
- scope of the performer’s right to equitable remuneration under s.182D of the Copyright, Designs and Patents Act 1988 (with Nicholas Saunders KC);
- the fair dealing defence and derogatory treatment under s.80 of the Copyright, Designs and Patents Act 1988 (with Charlotte May KC).
FRAND & Competition Law
- Acting in a number of cases featuring defences based in competition law to intellectual property claims or the interplay between IPRs and competition law including Sportradar AG v Football Dataco Ltd 1342/5/7/20 and Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors (IL-2020-000040).
- Henry has acted in FRAND cases including Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors (see eg the reported decisions in [2021] EWHC 1739 (Pat), [2021] EWHC 2080 (Pat) and [2021] EWCA Civ 1619).
Henry has experience of competition law as a pupil at a previous set and assisted in several stand-alone and follow-on damages actions for breach of Art.101 TFEU:
- UK Trucks Claim Limited v Fiat Chrysler Automobiles N.V. Applications for an opt-out collective proceedings order under s.47B of the Competition Act for purchasers of trucks, alleged to be subject to an anti-competitive overcharge.
- Allianz Global Investors GmbH v. Barclays Bank PLC. Follow-on damages action in relation to exchange of price-sensitive information between forex traders.
- Daimler AG v MOL (Europe Africa) Ltd. Follow-on damages action in relation to roll-on, roll-off shipping cartel.
- Phones 4U (in administration) Ltd. v Telefonica. Stand-alone damages action relating to events giving rise to the collapse of Phones4U.
Trade marks & Brands
- The Edinburgh Woollen Mill Domain Name Litigation: Acted in claim relating to the recovery of domain names used for e-commerce from a former employee.
- Rainforest Cafe, Inc & Others v Criterion Hospitality Limited & Others: A claim concerning the Rainforest Cafe and Bubba Gump restaurant franchises against a landlord, including claims in unjust enrichment and conversion.
- IPEC trade mark proceedings including Faul Productions Holding BV v Dockyards London Ltd (IP-2023-000042) and Goliath BV v HTI Toys UK Ltd (IP-2023-000015).
- Acted in or advised on several opposition or invalidity proceedings before UKIPO including O/378/22 GRAFT3R, a decision on s.5(4)(a) of the Trade Marks Act 1994 and antecedent use, O/1091/22 CarJager acting for Jaguar Land Rover and O/0543/23 AIRTASKER, a successful defence of an invalidity application brought by AirBnB.
- Patio Black Spot Removal Co Ltd v (1) Graeme Smith T/A Floorseal (2) Floorseal Ltd (IP-2020-000113): Acted unled for the Defendants in this trademark claim concerning the common name in the trade defence (settled).
- C-371/18 Sky Plc. v SkyKick UK Ltd: (As Pupil) Assisted Nicholas Saunders KC in preparation of submissions for the UK Comptroller at the Court of Justice in Luxembourg.
Design Rights
- Safestand Ltd v Weston Logistics Ltd & Ors (HP-2021-000042): Instructed with Andrew Lykiardopoulos KC in these patent and re-registered design proceedings, concerning a complex modular product.
As a pupil:
- Next v Aldi Stores. Assisting Ashton Chantrielle in pleadings on this claim for infringement of unregistered UK and Community design rights in a variety of different clothing and accessory items.
- Jojo Maman Bebe v Seraphine. Unregistered UK design rights in maternity wear, assisting Henry Ward.
- Freddy SpA v Hugz Clothing Ltd. Unregistered UK design right claims.
Trade Secrets & Confidentiality
- Sportradar AG v Football Dataco Ltd (1342/5/7/20): Acted with Lindsay Lane KC, Kassie Smith KC and Thomas Sebastian in these conjoined proceedings in the Competition Appeal Tribunal and the Intellectual Property List relating to rights of confidence in live match data and claims in unlawful means conspiracy, including led and unled appearances at a number of CMCs (see [2022] CAT 12 and [2022] CAT 37) (settled).
- Robsons Residential Lettings Ltd v Technology Blueprint Ltd (IL-2021-000051): Unled application for interim delivery up of a database, based on database rights and confidential information in the database.
- Acted unled for former employee of software company alleged to have misused confidential information in work emails.
- Ferro Corp. v Prince International Corp. (as a pupil) Confidential information in manufacture of coloured glass frits. Assisted Tom Moody-Stuart KC and Ashton Chantrielle in hearing on requests for further information.
Jurisdiction & Remedies
- Icon Health & Fitness, Inc. & Ors v Peloton Interactive, Inc. & Ors [2021] EWHC 2266 (Pat): Case management stays and parallel foreign patent proceedings.
- Vestel Elektronik Sanayi Ve Ticaret A.S. & Anor v Access Advance LLC & Anor [2021] EWCA Civ 440: Acted with Mark Chacksfield KC in this appeal on jurisdiction in a dispute over the FRAND terms of a portfolio of SEPs in high-definition television technology.
- Advised on potential claim for an antisuit injunction to restrain foreign patent revocation proceedings in the context of a global dispute over a portfolio of patents essential to the 2G, 3G and 4G standards.
- Advising on jurisdiction and choice of law in a number of potential patent and copyright claims.
As a pupil:
- TQ Delta v ZyXel [2019] EWHC 1089 (Pat) and [2019] EWCA Civ 1277: Assisting Nicholas Saunders KC on preparation of skeleton arguments at both first instance and on appeal. Issues of waiver of entitlement to RAND licence, availability of declaratory relief and abuse of process.
- Unwired Planet International Ltd v Huawei Technologies (UK) Co Ltd UKSC 2018/0214. Assisted in preparing application to intervene in Supreme Court for Qualcomm (with Nicholas Saunders KC).
- Allergan, Inc. v Aspire Pharma Ltd. Assistance in pleading defence for damages inquiry under cross-undertaking (with Henry Ward).
- Assisting on several pending FRAND cases on issues of jurisdiction (with Mark Chacksfield KC).
In addition to the above work, Henry has assisted in several commercial and competition cases involving jurisdiction and choice of law issues including:
- Idemia France SAS v Decatur Europe Ltd [2019] EWHC 946 (Comm)
- Education & Awards
- Tenant at 8 New Square Intellectual Property Chambers – 2020
- Pupillage at Brick Court Chambers and 8 New Square Chambers – 2018-2020
- Bar Professional Training Course – 2018
- Post Graduate Diploma in Law, City University – 2017
- MA in Near and Middle Eastern Studies with Arabic, University of London – 2016
- Lit.Hum (IA) (Classics), Congratulatory First, University of Oxford – 2015
- Languages – French (proficient in reading), Arabic (intermediate standard reading) and Farsi (basic).
Contact Henry Edwards'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.