Lindsay Lane QC

CALL: 1996 | SILK: 2019
Lindsay provides commercial advice, persuasive advocacy and a responsive service in IP and media and entertainment cases.

She has particular expertise in patents and SPCs, trade marks, copyright and database rights, designs, passing off and confidential information.

The legal directories describe her as: “very user-friendly, extremely smart and a very safe pair of hands”; “very responsive and an outstanding strategist” (Chambers & Partners 2018) and as having “an impressive commercial approach” (Legal 500 2018).

  • Experience

    Patents & SPCs

    • Parainen Pearl Shipping Ltd v Kristian Gerhard Jebsen Skipsrederi [2018] EWHC 2628 (Pat): Case regarding making/repair and exhaustion in relation to a patent for a cement discharging system on board a ship.
    • Teva UK Ltd v Gilead Sciences Inc [2017] EWHC 13 (Pat) and C-121/17: Claim for invalidity of an SPC for a double combination treatment for AIDS, referred to the CJEU. Junior Counsel for Teva.
    • Teva UK Ltd v Merck Sharp & Dohme Corp [2017] EWHC 539 (Pat): Claim for invalidity of an SPC for a triple combination treatment for AIDS. Junior Counsel for Teva.
    • Accord Healthcare Ltd v Medac Gesellschaft Fur Klinsche Spezialpraparate MbH [2016] EWHC (Pat) 24: Claim for invalidity in relation to a patent for a formulation of methotrexate for the treatment of inflammatory automimmune diseases. Junior Counsel for the Claimant.
    • Glass v Freyssinet Ltd [2015] EWHC 2972 (IPEC): Patent infringement and validity case about cathodic protection. Counsel for the Defendant
    • Generics UK Ltd v Richter Gedeon [2014] EWHC 1666 (Pat): Claim for invalidity in relation to a dosage regimen patent for emergency contraception. Junior Counsel for the Defendant.
    • Schütz (UK) Ltd v Werit (UK) Ltd [2013] UKSC 16: Patent infringement and validity case concerning intermediate bulk containers and the issue of repair which was ultimately resolved in the Supreme Court. Junior Counsel for the Claimant.
    • Kirin-Amgen Inc v Transkaryotic Therapies Inc [2004] UKHL 46 & [2002] EWCA Civ 1096: Appeal to the House of Lords on Infringement, insufficiency and novelty of patent concerning recombinant DNA technology.

    Copyright & Databases

    • BBC v MCPS and PRS CT 129/16: Decision of the Copyright Tribunal on jurisdiction over licences including foreign copyright. Junior Counsel for the BBC.
    • 77M Ltd v Ordinance Survey Ltd [2017] EWHC 1501: application to transfer claim for infringement of copyright and database right from IPEC.
    • Football Association Premier League v Luxton [2014] EWHC 253 (Ch): Junior Counsel for the Premier League in an application for summary judgment to prevent a publican from communicating Premier League logos to the public via television screens.
    • Nintendo Co Ltd v PC Box Srl [2014] ECDR 6: Junior counsel for Nintendo in a reference to the CJEU from the Milan District Court relating to copyright circumvention devices.
    • BBC v Eos CT 121/13: Counsel for the BBC in the Copyright Tribunal at the hearing on interim relief and the substantive hearing in Wales.
    • Football Dataco Ltd v Sportradar/Stan James (and others) [2013] EWCA Civ 27; C-604/10: Junior Counsel for the Claimant at trial, on appeal and in the CJEU in extensive litigation concerning whether rights subsist in football fixtures and in live data from football matches.

    Trade marks & Brands

    • Millen v Karen Millen Fashions Ltd [2016] EWHC 2104 (Ch): Contractual dispute about the use of the mark KAREN MILLEN in the US and China. Junior Counsel for the Defendant.
    • R (ex p. British American Tobacco) v Secretary of State for Health [2016] EWCA Civ 1182: Judicial review of the plain packaging for tobacco products legislation. IP Counsel for Imperial Tobacco.
    • Aldi Stores Ltd v Bargain Booze Ltd (2015): Application for an interim injunction to prevent use of comparative advertising with the slogan “Aldi, Shmaldi”. Counsel for the Defendant.
    • 32Red Plc v WHG (International) Ltd [2013] EWHC 815: Junior Counsel for the Defendant in an inquiry as to damages arising from trade mark infringement relating to an online casino.
    • A&E Television Networks LLC v Discovery Communications Europe Ltd  [2013] EWHC 109 (Ch): Passing off and trade mark infringement trial concerning television channel names. Junior Counsel for the Claimant.
    • Numatic International Ltd v Qualtex UK Ltd [2010] EWHC 1237 (Ch): Passing off case concerning the shape of Henry vacuum cleaners.
    • Fifa v Jules Rimet Cup Ltd [2009]: Committal proceedings for bearch of consent order made in a passing off case.
    • UKTV Channel Management Ltd v E! Entertainment Television Inc [2008] FSR 5: Application for injunction/speedy trial in a case of trade mark infringement and passing off involving television channel
    • Eddie Irvine v Talksport Ltd [2003] EWCA Civ 423: passing off trial and appeal relating to the use of a doctored photograph of Eddie Irvine on a leaflet sent to potential advertisers on Talk Radio.

    Design Rights

    • Marks and Spencer Plc v Asda Stores Ltd [2016] EWHC 2081 (Pat): Counsel for M&S in claims for patent and design right infringement in shirt cuffs.
    • Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BH [2012] EWHC 616 (Ch): Junior Counsel for the Claimant at trial and in the Court of Appeal in a claim for breach of confidence and design right infringement relating to the designs of a Formula One Car.

    Trade Secrets & Confidentiality

    • Wade v British Sky Broadcasting Ltd [2016] EWCA Civ 1214: Junior counsel for BSkyB in a breach of confidence case about television formats at trial and on appeal.
    • Millen v Karen Millen Fashions Ltd [2016] EWHC 2104 (Ch): Contractual dispute about the use of the mark KAREN MILLEN in the US and China. Junior Counsel for the Defendant.
    • Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BH [2012] EWHC 616 (Ch): Junior Counsel for the Claimant at trial and in the Court of Appeal in a claim for breach of confidence relating to the designs of a Formula One Car.
    • Confidential shipping arbitration [2011]: case concerning quantum for breach of confidence relating to ship designs.
    • HRH Prince of Wales v Associated Newspapers Ltd [2006] EWHC 522; [2006] EWCA Civ 1776: Junior counsel for the Prince of Wales in proceedings for copyright infringement and breach of confidence arising from the publication of extracts from the Prince’s journal about the handover of Hong Kong in the Mail on Sunday.

    Internet Law & Cybersecurity

    • Football Dataco Ltd v Sportradar/Stan James [2013] EWCA Civ 27; C-604/10: Appeal concerning joint liability for infringing material on the internet. Junior Counsel for the Claimant.
    • Football Dataco Ltd v Sportradar C-173/11: Decision of the CJEU on jurisdiction in a case of database right infringement on the internet. Junior Counsel for the Claimant.
    • Menashe Business Mercantile Ltd v William Hill Organization Ltd [2002] EWCA Civ 1702: Patent infringement case concerning internet gaming system. Junior Counsel for Menashe.

    Jurisdiction & Remedies

    • BBC v MCPS and PRS CT 129/16: Decision of the Copyright Tribunal on jurisdiction over licences including foreign copyright. Junior Counsel for the BBC.
    • Football Dataco Ltd v Sportradar C-173/11: Decision of the CJEU on jurisdiction in a case of database right infringement on the internet. Junior Counsel for the Claimant.
    • Menashe Business Mercantile Ltd v William Hill Organization Ltd [2002] EWCA Civ 1702: Appeal to the Court of Appeal on preliminary issue concerning jurisdiction in patent infringement. Junior Counsel for Menashe.

    Media, Sport & Entertainment

    • BBC v MCPS and PRS CT 129/16: Decision of the Copyright Tribunal on jurisdiction over licences including foreign copyright. Junior Counsel for the BBC.
    • Wade v British Sky Broadcasting Ltd [2016] EWCA Civ 1214: Junior counsel for BSkyB in a breach of confidence case about television formats at trial and on appeal.
    • Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BH [2012] EWHC 616 (Ch): Junior Counsel for the Claimant at trial and in the Court of Appeal in a claim for breach of confidence relating to the designs of a Formula One Car.
    • Football Dataco Ltd v Sportradar/Stan James [2013] EWCA Civ 27; C-604/10 (and others): Junior Counsel for the Claimant at trial, on appeal and in the CJEU in extensive litigation concerning whether rights subsist in football fixtures and in live data from football matches.
    • Eddie Irvine v Talksport Ltd [2002] EWHC 367 (Ch): Passing off case which established definitively for the first time in the UK the right of celebrities to prevent false endorsement under the law of passing off. Counsel for Eddie Irvine.

    Arbitration & Mediation

    • Chinese shipping arbitration (2013): Assessment of quantum following breach of confidence relating to ship designs.
  • Education & awards
    • 1991-4: Newnham College, Cambridge BA (Hons) in Natural Sciences (physical) and Law (2:1)
    • 1994-5: European University Institute, Florence, Master’s in Comparative, European and International Law
    • 1994: Winner, Cambridge University Law Society, De Smith Individual Mooting Competition
    • 1995-6: Middle Temple Benefactors’ Scholarship
    • 1996: Regional Finalist (Maastricht), European Mooting Competition
  • Professional memberships
    • Intellectual Property Bar Association
    • Chancery Bar Association
  • Languages
    • Italian (fluent)
    • French (working knowledge)
  • Hobbies & interests

    Cooking

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