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Michael Conway

CALL: 2016
Michael Conway
Michael has a busy practice spanning the full range of intellectual property matters.

Michael’s practice covers all areas of intellectual property but he has particularly extensive experience in patent disputes, acting alongside senior members of Chambers in major patent actions ranging from pharmaceuticals to mobile technology and FRAND. He has also acted as sole counsel before the IPEC and in the Court of Appeal.

  • Experience

    Patents & SPCs

    • Dexcom Inc & Ors vs Abbott Diabetes Care & Ors (Trial D): appeared for Abbott alongside Daniel Alexander KC and Isabel Jamal in a patent dispute relating to continuous glucose monitors. Following trial and prior to judgment being handed down, the parties reached a global settlement.
    • BioNTech SE & Anor v CureVac SE & Anor [2024] EWHC 2538 (Pat): appeared for BioNTech alongside Michael Tappin KC in a patent revocation action concerning mRNA vaccines. BioNTech and Pfizer were successful in revoking CureVac’s patent concerning modified mRNA that it said was used in BioNTech/Pfizer’s Covid 19 vaccines.
    • Modernatx Inc v Pfizer Ltd & Ors [2024] EWHC 1695 (Pat): appeared for the BioNTech defendants alongside Michael Tappin KC, with Tom Mitcheson KC and Alice Hart for the Pfizer defendants, in a patent action  concerning technology used in Covid 19 vaccines. BioNTech/Pfizer successfully revoked one of two patents asserted by Moderna, the other being held valid (subject to appeal).
    • Sandoz AG & Ors v Bayer Intellectual Property GmbH [2024] EWHC 796 (Pat): acted for Teva, Sandoz and other generics companies in a revocation action concerning the anti-coagulant rivaroxaban. The claimants were successful in revoking Bayer’s patent for a once-daily dosing regimen for rivaroxaban (subsequently upheld on appeal).
    • EnOcean v Far Eastern & TLC [2023] EWHC 2615 (IPEC): appeared as sole counsel for the claimant in a patent infringement and revocation action concerning wireless switches.
    • Abbott Diabetes Care Inc v Dexcom Inc [2024] EWHC 36 (Pat) (Trial A): appeared for Abbott alongside Daniel Alexander KC, James Abrahams KC and Jennifer Dixon in a patent infringement and revocation action concerning four patents, two owned by Abbott and two by Dexcom, relating to continuous glucose monitors.
    • Saint-Gobain Adfors SAS v 3M Innovative Properties Co [2022] EWHC 1018 (Pat): appeared for Saint-Gobain alongside James Abrahams KC in a dispute concerning 3M’s patent relating to abrasive ceramic particles.
    • Phillips v Xiaomi: acted for Philips in a trial concerning the validity and infringement of Philips’ patent for a method of power control, declared essential to the UMTS standard. Appeared at trial without a leader (alongside James Boon acting as solicitor advocate), after lead counsel was unable to act due to illness. The case settled following trial and before judgment.
    • Optis v Apple [2021] EWHC 3121 (Pat) and [2023] EWCA Civ 438: appeared alongside James Abrahams KC and James Whyte at first instance and on appeal in a dispute concerning the validity of Optis’ standard essential patent relating to a method of allocating regions of the downlink control channel among UEs within a cell. The Patent was held invalid for obviousness at first instance; a decision subsequently reversed on appeal.
    • Akebia Therapeutics Inc & ors v Fibrogen Inc & ors [2020] EWHC 866 (Pat) and [2021] EWCA Civ 1279: appeared at first instance and on appeal for Astellas (2nd defendant) alongside Justin Turner QC and Kathryn Pickard (Thomas Mitcheson QC, Joe Delaney and Thomas Lundt for Fibrogen) in a dispute concerning several Fibrogen patents relating to the use of hypoxia-inducible-factor inhibitors for treating anaemia. Akebia’s appeal to the Supreme Court is outstanding. The case has significance for the proper approach to plausibility and undue burden in the context of functionally limited claims.

    Copyright & Databases

    • Michael Penhallurick v MD5 Ltd [2021] EWHC 293 (IPEC) and [2021] EWCA Civ 1770: acted as sole counsel for the Defendant in a dispute concerning copyright in its proprietary software. Subsequently represented the Defendant/Respondent as sole counsel in the Court of Appeal.
    • Anoto AB & Anoto UK Ltd v City Soft Ltd (and 1 other) [2019] EWHC 499 (IPEC) (unrep.): appeared as sole counsel for Anoto in a summary judgment hearing. Anoto obtained summary judgment against the defendants for copyright infringement arising from City Soft’s unauthorised use of software and micro-dot patterns relating to Anoto’s dot-pattern technology for digital capture of analogue inputs.
    • British Broadcasting Company/BBC Worldwide Ltd v Mechanical Copyright Protection Society Ltd/Performing Right Society Ltd (ITV and Sky Intervening) [2018] CT 129/16; [2018] EWHC 2931 (Ch): appeared for Sky alongside Martin Howe QC, before the Copyright Tribunal and on appeal to the High Court, in a preliminary hearing concerning the Tribunal’s jurisdiction to settle licenses concerning foreign copyrights.

    Jurisdiction & Remedies

    • Interdigital v Lenovo (Confidentiality) [2023] EWHC 1577 (Pat): appeared with Douglas Campbell KC for Interdigital in a hearing to determine the extent of continued protection of confidential information referred to in the public FRAND judgment in the instant proceedings.
    • Interdigital v OnePlus [2023] EWCA Civ 166: appeared with Nicholas Saunders KC for Interdigital in an appeal relating to the terms of a confidentiality regime in a FRAND dispute.
    • OnePlus Technology (Shenzhen) Co Ltd v Mitsubishi Electric Corp [2020] EWCA Civ 1562: appeared with Sarah Abram for Mitsubishi at first instance and on appeal in a dispute concerning the appropriate confidentiality regime in a FRAND dispute.
    • Conversant Wireless Licensing Technologies v Huawei Technologies Co. Ltd and ors: appeared with Thomas Raphael QC and Maxwell Keay in an application for an anti-suit injunction in this ongoing action concerning FRAND licences for mobile telcoms patents. The dispute was settled prior to a judgment.

    Trade marks & Brands

    • Revital v Royal Voluntary Service: acted for the Defendant with James Mellor KC in a Trade Mark revocation action (settled prior to a hearing).
    • H&F Upholstery A&J: acted for the Claimant in a Trade Mark opposition (settled prior to a hearing).
  • Education & awards
    • MBiochem (Oxon) (1st); DPhil (Oxon); GDL (Distinction); BPTC (Outstanding; highest overall mark).
    • MBiochem, Molecular & Cellular Biochemistry, University of Oxford (2006).
    • DPhil (Oxon) “Transgenic Approaches to Improving Mosquito Population Control” (2010 – 2014).
    • Graduate Diploma in Law, Cardiff University (2015).
    • BPTC, Cardiff University (2016).
  • Other relevant information
    • The Stephen Chapman Scholarship, Inner Temple, 2015.
    • GDL Exhibition, Inner Temple, 2014.
    • Winner, Best Written Submission – Oxford International Intellectual Property Moot 2015.
    • Shortlisted for the Wellcome Trust/Guardian UK science writer prize, 2012.
    • Titley Exhibition in Biochemistry, Trinity College, 2005.
  • Publications
    • Journal article

    Michael Conway, “High Court finds no trade mark infringement or passing off in Argos Ltd v Argos Systems Inc internet ads dispute” E.I.P.R. 2017, 39(9), 594-602.

    Michael Conway “Is granting a patent an act of state?” The Law of Nations Blog. 13 June 2017

     

     

  • Professional memberships
    • Chancery Bar Association
    • IP Bar Society
  • Hobbies & interests

    In his spare time, Michael enjoys hill walking and mountaineering, running and cycling.

Contact Michael Conway'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.

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