James Whyte

CALL: 2005 (England & Wales 2005, Ireland 2021*)
James Whyte
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.


  • Experience

    Patents & SPCs

    • Abbott v DexCom: applicators for continuous glucose monitors.
    • Gilead v NuCana [2023] EWHC 611 (Pat): nucleoside derivatives as anti-viral and anti-cancer drugs.
    • GE v Siemens (2023): wind turbine control in low voltage situations, settled before trial.
    • ViiV v Gilead (2022): integrase strand transfer inhibitors as antiviral drugs, settled before trial.
    • Insulet v Roche [2021] EWHC 1933 (Pat): insulin pumps.
    • Royalty Pharma v Boehringer Ingelheim [2021] EWHC 2692 (Pat): royalty dispute under German law.
    • GSK v Fibrogen: iron deficiency drugs, settled shortly before trial. Judgments with respect to the remaining claimant: [2020] EWHC 866 (Pat); [2021] EWCA Civ 1279.
    • Illumina v Ariosa [2019] EWHC 1497 (Pat): cell-free foetal DNA enrichment.
    • Regeneron v Kymab [2016] EWHC 87 (Pat); [2018] EWCA Civ 671; [2020] UKSC 27: involved at first instance and at the Court of Appeal in this case on genetic engineering of mice to produce partly human antibodies.
    • Teva v Gilead [2017] EWHC 13 (Pat); [2018] EWHC 2416 (Pat); [2019] EWCA Civ 2272: SPC issue involving reference to the CJEU on Article 3(a) of the SPC Regulation.
    • Silence v Alnylam (2018): RNAi, settled shortly before trial.
    • 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), [2018] EWCA Civ 2444: 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.

    IT & Telecoms Disputes

    • InterDigital v Lenovo, Trial D (2022): technical trial relating to LTE carrier aggregation, stayed before judgment.
    • Optis v Apple, Trial C [2021] EWHC 3121 (Pat); [2023] EWCA Civ 438, Trial D [2022] EWHC 561 (Pat); [2023] EWCA Civ 758: two technical trials relating to aspects of multiplexing and blind decoding, including Trial C in which the finding on obviousness was overturned on appeal.
    • Conversant v Huawei [2020] EWHC 14 (Pat): technical trial relating to HS-SCCH-less operation.
    • 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


  • Irish qualifications

    James has been called to the Irish Bar, but is not presently on the Roll of Practising Barristers; straightforward administrative steps would need to be taken before he can accept instructions as an Irish barrister.  Please contact one of the clerks to discuss how we may assist on European work.

  • Hobbies & interests
    • Climbing
    • Opera
    • Wine

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