Michael Conway

CALL: 2016
Michael Conway
Michael is developing a busy practice across the full range of intellectual property matters.

Since joining Chambers in 2017 he has been instructed alongside senior members of Chambers in major patent actions ranging from pharmaceuticals to mobile technology and FRAND. He has also been instructed both as junior and as sole counsel on a wide range of trade mark, copyright and passing off matters.

  • Experience

    Patents & SPCs

    • Akebia Therapeutics Inc & ors v Fibrogen Inc & ors [2020] EWHC 866 (Pat): appeared as junior counsel for Astellas (2nd defendant) alongside Justin Turner QC and Kathryn Pickard (and Thomas Mitcheson QC, Joe Delaney and Thomas Lundt for Fibrogen) in this multi-patent action concerning the use of hypoxia-inducible-factor prolyl hydroxylase inhibitors for treating anaemia.
    • Evalve Inc v Edwards Lifesciences Ltd [2020] EWHC 513 (Pat) & [2020] EWHC 514 (Pat). Appeared as junior counsel for the claimants (“Abbott”) alongside Richard Meade QC, James Abrahams QC and Jennifer Dixon in two trials in which Abbott successfully asserted against Edwards two patents concerning a medical device for the transcatheter repair of a life-threatening heart condition. In the second trial concerning remedies, Abbott was granted a final injunction preventing Edwards from marketing its infringing PASCAL device, the court having rejected Edwards’ case that it would contrary to the public interest to award injunctive relief.
    • Conversant Wireless Licensing S.a.r.l v Apple Retail UK Lrd & Ors [2019] EWHC 3266 (Pat): Appeared as junior counsel for Conversant alongside James Mellor QC in this action concerning Conversant’s patent for a menu system in a mobile phone.
    • Conversant Wireless Licensing SARL v Huawei Technologies Co Ltd [2019] EWHC 1687 (Pat): Appeared at first instance and on appeal as junior counsel for Conversant alongside Adrian Speck QC and Mark Chacksfield QC in the trial of the validity and infringement of Conversant’s standard essential patent (SEP) concerning a method for high-speed uplink packet transmission for the UMTS (3G) standard. (The trial was part of a wider FRAND action brought by Conversant against Huawei and ZTE, jurisdictional aspects of which were recently ruled on by the UK Supreme Court in Conversant Wireless Licensing SARL v Huawei Technologies Co Ltd [2020] UKSC 37).
    • Regen Lab SA v Estar Medical Ltd [2019] EWHC 63 (Pat): appeared as sole junior with Andrew Lykiardopoulos QC in a dispute concerning Regen’s patent for a method of blood plasma preparation.
    • Silence Therapeutics GmbH v Alnylam UK Ltd & Ors (settled): instructed as second junior with Daniel Alexander QC and Isabel Jamal in a patent action concerning RNA interference therapeutics.
    • TEVA UK Ltd v Novartis Pharma AG (settled): assisted in preparing expert evidence in an action concerning a patent for the drug Imatinib.

    Copyright & Databases

    • 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 as junior counsel for Sky alongside Martin Howe QC, at first instance 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.

    Trade marks & Brands

    • Revital v Royal Voluntary Service (settled): Instructed as junior counsel with James Mellor QC in a Trade Mark revocation action at the IPO.
    • H&F Upholstery A&J (Trade Mark: Opposition): Instructed as sole counsel in an ongoing Trade Mark opposition at the IPO.
    • Maclay, Murray & Spens v Sheriff: assisted during pupillage in preparing evidence and attending the CMC in a trade mark dispute between solicitor firms.
    • Muthu Hotels MGM (Trade Mark: Opposition) [2017] UKIntelP O-556-17: assisted as a pupil in preparing evidence and skeletons for a trade mark opposition in the IPO.

    Design Rights

    • Spin Master Ltd v PMS International Group [2017] EWHC 1477 (Pat): assisted during pupillage in preparing for and attending the CMC of this action concerning a registered design for a children’s toy.

    Jurisdiction & Remedies

    • Conversant Wireless Licensing Technologies v Huawei Technologies Co. Ltd and ors (application – settled): appeared as junior counsel for Conversant alongside Thomas Raphael QC and Maxwell Keay in Conversant’s application for an anti-suit injunction to prevent ZTE bringing certain proceedings in the Chinese courts – part of an ongoing dispute concerning FRAND licences for Conversant’s mobile telecoms patents.
  • Education & awards
    • MBiochem, Molecular & Cellular Biochemistry, University of Oxford (2006)(1st)
    • DPhil (Oxon) “Transgenic Approaches to Improving Mosquito Population Control” (2010 – 2014)
    • Graduate Diploma in Law, Cardiff University (2015)(Distinction)
    • BPTC, Cardiff University (2016)(Outstanding; highest overall mark)
    • The Stephen Chapman Scholarship, Inner Temple, 2015.
    • GDL Exhibition, Inner Temple, 2014.
  • Other relevant information
    • 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

    High Court finds no trade mark infringement or passing off in Argos Ltd v Argos Systems Inc internet ads dispute

    A case summary of the High Court’s judgement in Argos Ltd v Argos Systems [2017] EWHC 231 (Ch)

    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

    Blog Post

    Is granting a patent an act of state?

    Analysis of the High Court’s consideration of the act of state doctrine in the context of a patent dispute in Chugai v UCB [2017] EWHC 1216 (Pat).

    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, climbing and cycling.

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