Thomas Mitcheson KC
UK Bar Guide 2025
Band 1 : Intellectual Property
Email address
[email protected]Contact number
+44 20 7405 1111Share profile
Band 1
About
Provided by Thomas Mitcheson KC
Practice Areas
All aspects of intellectual property law, including regular EPO appearances. Cases include Arsenal v Reed (trademark, CJEU), Pozzoli v BDMO (mechanical patent, CA), Lundbeck v Teva (patent sufficiency, HL), L'Oreal v eBay (trademark, CJEU), Medeva's Patent (SPC, CJEU), Schutz v Werit (definition of "making", SC), Lilly v HGS (industrial applicability, SC; SPC, CJEU), Cadbury v Nestlé (3D trademark, CJEU), Hospira v Genentech (anti-HER2 antibody, CA), Lush v Amazon (trademark, online trading), Krka v AZ (damages enquiry), ISCC (patentability of stem cells, CJEU), Actavis v Lilly (equivalence, SC), Gilead v Teva (SPC, CJEU), Warner-Lambert v Actavis (plausibility, SC), Actavis v Icos (obviousness, SC), Lilly v Genentech (antibody technology), Sandoz v Janssen/Searle (SPC, CJEU), IPCom v Vodafone (Crown Use, CA), Fibrogen v Akebia (plausibility/undue burden, CA), Anan Kasei v Neo (damages enquiry), Pfizer v Moderna (Covid vaccine), Samsung Bioepis v Janssen.
Career
Internship at Cold Spring Harbor Laboratory, USA 1990-91. Trinity College, Cambridge, 1991-94, First Class Hons Natural Sciences. City University (Dip-Law), 1995 (Distinction). Called to the Bar 1996. Standing Counsel to the Comptroller General for Patents Designs and Trade Marks 2009-2014. KC 2014. Appointed Person to hear trade mark appeals 2016-. Called to the Irish Bar, 2021 & UPC Representative. Appointed Deputy High Court Judge 2024.
Publications
'Two Genes in Saccharomyces Cerevisiae Encode a Membrane Bound Form of Casein Kinase-1' Wang, Vancura, Mitcheson and Kuret (1992).
Terrell on the Law of Patents 20th Edition (2024).
Chambers Review
UK Bar
Thomas Mitcheson KC is a very popular silk recommended for his calm demeanour, excellent client service and strong cross-examination skills. He is noted for his handling of patent and trade mark litigation, including oppositions and infringement claims, and is active in appellate work at the very cutting edge of the law. He has notable experience acting for life sciences companies in supplementary protection certificate disputes.
Strengths
Provided by Chambers
"Tom Mitcheson is one of the top patent specialist barristers at the IP Bar."
"Tom is immensely knowledgeable, with vast experience, and very friendly. He grapples with the trickiest of issues with consummate ease."
"Clients love Tom - he is one of the best patent KCs in the Bar. A very strong advocate, excellent on strategy and very easy to deal work with."
"He has exceptional knowledge and considers the commercial and legal landscape when providing advice. He is an excellent advocate, and any witness should be wary when he is cross-examining them."
"Tom Mitcheson is one of the top patent specialist barristers at the IP Bar."
"Tom is immensely knowledgeable, with vast experience, and very friendly. He grapples with the trickiest of issues with consummate ease."
"Clients love Tom - he is one of the best patent KCs in the Bar. A very strong advocate, excellent on strategy and very easy to deal work with."
"He has exceptional knowledge and considers the commercial and legal landscape when providing advice. He is an excellent advocate, and any witness should be wary when he is cross-examining them."
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