He specialises in technically complex disputes, particularly in the fields of biotechnology, pharmaceuticals and electronics/IT, building on his background in natural sciences, molecular biology and as a computer programmer.
He also practises in the fields of copyright, confidential information, database rights and registered and unregistered design rights.
Patents & SPCs
- Chugai v UCB  EWHC 2264 (Pat): licence dispute concerning construction under US law of a US patent for antibody humanisation.
- Pacific Biosciences v Oxford Nanopore Technologies  EWHC 806 (Ch): patents relating to next-generation DNA sequencing technology including nanopore sequencing, settled shortly before trial.
- Illumina v Premaitha, Ariosa Diagnostics and others  EWHC 2930 (Pat): non-invasive prenatal testing (e.g. for gender or disorders such as Down’s syndrome), including next-generation DNA sequencing technologies.
- Astex v Astrazeneca  EWHC 1442 (Ch): not actually a patent case but a contractual drug development dispute with a high chemistry content .
- Varian v Elekta  EWHC 712 (Pat): combined machine for MRI and radiotherapy.
Copyright & Databases
- ITV v TVCatchup  EWHC 1874 (Pat): Internet streaming of television broadcasts, raising the scope of the communication to the public right.
- ICD Publishing UK v Popkov (2009): Russian social networking site (settled during trial), with issues also including breach of contract, database rights, trade secrets and breach of fiduciary duty.
- Football Association Premier League v QC Leisure  EWHC 1411 (Ch): satellite broadcasts of football games, resulting in an extensive reference to the ECJ.
Trade Secrets & Confidentiality
IT & Telecoms Disputes
- Unwired Planet v Huawei and others (2016): instructed on one of the technical trials, concerned with code division multiplex codes, adjourned shortly before trial.
- Starsight v Virgin Media  EWHC 828 (Pat): involved in several of the series of Rovi trials concerned with set-top boxes and related technology, of which this was one.
Jurisdiction & Remedies
Arbitration & Mediation
- 2009: assisting with preparation of technical evidence in an arbitration about a drug development dispute.
- Education & awards
- BA in Natural Sciences, first class (genetics), Cambridge, 1996
- PhD in molecular cell biology, Cambridge, 2002
- Post-graduate diploma in law, distinction, City University, 2004
- Bar Vocational Course, outstanding, BPP, 2005
- Lord Brougham scholarship and Lord Mansfield scholarship, Lincoln’s Inn
- Max Perutz student prize for outstanding achievement in a PhD, Lab of Molecular Biology, Cambridge
- J.M.Thoday prize for highest first class degree in genetics, Cambridge
- Professional memberships
- IP Bar association
- Hobbies & interests
Contact James Whyte'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.