Michael Tappin QC

CALL: 1991 (England & Wales 1991, Ireland 2018) | SILK: 2009
Michael Tappin QC
Michael Tappin QC is recognised as one of the leading silks in the field of patents and SPCs.

He is widely acclaimed for his technical abilities and legal analysis, as well as for his advocacy skills and paperwork.  He has appeared in many of the leading patent cases of the past 15 years and regularly handles cases in the chemical, pharmaceutical and biotech fields, as well as in engineering and telecoms.

  • Experience

    Patents & SPCs

    1. Lilly v Genentech [2019] EWHC 387 – validity and infringement of a patent relating to antibodies to IL-17A/F and their use in the treatment of psoriasis.
    2. Chugai v UCB [2018] EWHC 2264 – whether an antibody fell within the claims of a US patent, applying the US law of construction.
    3. Regeneron v Kymab [2016] EWHC 87, [2018] EWCA Civ 671 & 1186 – whether a patent relating to antibody-producing mice was valid and infringed, raising important questions as to the law on breadth of claims.
    4. Illumina v Premaitha & Ariosa [2017] EWHC 2930 – validity and infringement of a patent relating to non-invasive prenatal diagnosis using foetal DNA in maternal plasma.
    5. GSK v Wyeth [2016] EWHC 1045 – validity and infringement of a patent relating to meningitis B vaccines.
    6. Hospira v Genentech [2014] EWHC 1094, [2015] EWCA Civ 57; [2014] EWHC 3857, 2016] EWCA Civ 780; [2015] EWHC 1796, [2016] EWCA Civ 1185 – extensive litigation on a series of patents relating to the Herceptin breast cancer antibody.
    7. HTC v Gemalto [2013] EWHC 1876, [2014] EWCA Civ 1335 – validity and infringement of a patent concerned with running Java on a microcontroller.
    8. Hospira & Mylan v Novartis [2013] EWHC 516, [2013] EWCA Civ 1663 – whether a patent for annual use of zoledronate to treat osteoporosis was invalid because of loss of priority.
    9. Regeneron & Bayer v Genentech [2012] EWHC 657, [2013] EWCA Civ 93 – validity and infringement of a patent relating to VEGF inhibitors, raising important issues on insufficiency and obviousness.
    10. Eli Lilly v Human Genome Sciences [2011] UKSC 51, [2012] EWCA Civ 1185; C-493/12, [2014] EWHC 2404 – (a) whether a patent relating to antibodies to a novel protein was invalid for lack of industrial applicability, (b) whether an SPC could validly be granted based on that patent in respect of a particular antibody.
    11. Ivax v Glaxo [2009] IEHC 277 – trial in the High Court of Ireland relating to patent for a salmeterol / fluticasone combination asthma inhaler.

    Jurisdiction & Remedies

    • Chugai v UCB [2017] EWHC 1216: whether aspects of a claim in respect of a US patent were non-justiciable as raising issues of validity.
    • Fujifilm v AbbVie [2016] EWHC 3383; [2017] EWHC 395: whether an Arrow-type declaration should be granted in respect of a proposed adalimumab product.
    • HTC v Nokia [2013] EWHC 3778: whether a successful patentee should be restricted to damages in lieu of an injunction.
    • Fresenius v Carefusion [2011] EWCA Civ 1288: the case in which the Court of Appeal abolished Earth Closet orders.
  • Education
    • BA (1st class) Chemistry, St John’s College, Oxford (1986)
    • DPhil Biochemistry (NMR studies of protein structure), Merton College, Oxford (1990)
    • CPE (Commended), College of Law (1990)
    • BVC (Very Competent), Inns of Court School of Law (1991)
    • Senior Scholar, Merton College, Oxford (1987-1989)
    • Middle Temple Queen Mother’s Fund Scholarship, Stanley Levy Memorial Prize and Campbell Foster Prize (for BVC)
  • Other relevant information
    • Published eight papers in scientific journals, including Nature, Biochemistry and European Journal of Biochemistry
    • Standing Counsel to the Comptroller General of Patents, Designs and Trade Marks (2003-2008)
    • Chambers and Partners IP Junior of the Year (2008)
    • Appointed Queen’s Counsel 2009
    • Called to the Bar of Ireland 2018
  • Professional memberships
    • Intellectual Property Bar Association
    • Chancery Bar Association
  • Publications

    Laddie, Prescott and Vitoria: The Modern Law of Copyright (5th edn, LexisNexis, 2018) – co-author

    Laddie, Prescott and Vitoria: The Modern Law of Copyright and Designs (4th edn, LexisNexis, 2011) – co-author

  • Hobbies & interests

    Being with my family, playing hockey (very badly), cycling (including occasional long rides for charity), hill walking, growing vegetables, reading and theatre.

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