James Whyte

CALL: 2005
James Whyte is a leading junior in patent disputes, with a strong command of a range of sciences and technology.

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.

  • Experience

    Patents & SPCs

    • Chugai v UCB [2018] EWHC 2264 (Pat): licence dispute concerning construction under US law of a US patent for antibody humanisation.
    • Pacific Biosciences v Oxford Nanopore Technologies [2018] 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 [2017] 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 [2017] EWHC 1442 (Ch): not actually a patent case but a contractual drug development dispute with a high chemistry content .
    • Varian v Elekta [2017] EWHC 712 (Pat): combined machine for MRI and radiotherapy.

    Copyright & Databases

    • ITV v TVCatchup [2011] 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 [2008] 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 [2014] 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

    • Regeneron v Kymab [2018] EWCA Civ 1186: scope of relief following appeal.
    • Novartis v Hospira [2013] EWCA Civ 583: principles of interim injunctive relief pending appeal for a patentee who has lost at first instance.

    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
    • ChBA
    • IP Bar association

     

  • Hobbies & interests
    • Climbing
    • Opera
    • Wine

Contact James Whyte's clerks

Ben NewhamEmail | 020 7405 4321

Whilst barristers have a designated practice management team, all the clerks have the capacity and knowledge to assist in cases involving all counsel.

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