Douglas Campbell
Called to the Bar 1993
Education
Dollar Academy, Dollar, Scotland 1976-1984.
Scholarship at Hertford College, Oxford University, 1984-88. First Class honours in Chemistry with Distinction in Quantum Chemistry; also placed proxime accessit to the Gibbs prize. Turbott University prize for practical work in Organic Chemistry.
City University, Diploma in Law, awarded top distinction, 1991-92, Inner Temple Major Scholarship, Duke of Edinburgh Scholarship.
Council of Legal Education Bar Vocational Course; 1992-93, Maadak prize for European Community Competition Law.
Pegasus Scholar at Mallesons Stephen Jaques, Solicitors, Melbourne, Australia, from November 1996-February 1997.
Practice Areas
Patent, trade mark/passing off, copyright, designs, confidential information, and all other aspects of intellectual property. Information technology and computing. industries covered include electronics, telecommunications (telecoms), pharmaceuticals, animal health, databases, consumer products. Experience includes taking evidence abroad for use in the UK and vice versa.
Notable and recent cases
Patent
•Vector v Glatt [2007] RPC 12, [2007] EWCA (Civ) 805 (CA); amendment, added matter,
and insufficiency
•SanDisk v. Phillips [2006] EWHC 3100 (Pat), [2006] EWCH 2692 (Pat); MP3 Players; declaration of essentiality with respect to industry standards, added matter
• Ultraframe v Eurocell [2006] EWHC 1344 (Pat); damages enquiry, damages for loss of market position, reasonable royalty
•CFPH’s applications [2006] RPC 5; patentability of computer software and business methods
•Forticrete v Lafarge [2005] EWHC 3024; commercial success, right to continue prior use
•Coflexip v Stena Offshore [2004] FSR 34, CA; estoppel and damages
•Xtralite (Rooflights) Ltd v Hartington Conway [2004] RPC 7, [2004] RPC 137; estoppel, correct approach to patent appeals
•3M’s International Patent Application [2003] RPC 28, [2003] RPC 541; patent entitlement, joint ownership
•Stena v Irish Ferries [2002] RPC 990, [2003] RPC 668 (CA), [2003] RPC 668, the leading case on the special exception under s60(5) of the Patents Act 1977
•Asahi v Macopharma [2002] EWCA Civ 466, CA, correct approach to assessing inventive step
•Arjo v Liko (2002) IPD January 25006, effect of previous Patents Court decision on same patents
•Icon Health and Fitness v Precise Exercise Equipment (2001) IPD 24054, declarations of non-infringement
•Marshalltown Trowel v CEKA Works [2001] FSR 633, taking evidence abroad for use in UK proceedings
Trade mark
•Knoll AG’s trade mark [2003] RPC 175, [2003] RPC 681, "bad faith" and over-broad specifictions
•Proctor & Gamble v Wisdom Toothbrushes (2002) IPD 25012, interim injunctions on new products
•D Green & Co (Stoke Newington) v Regalzone [2002] ETMR 22, CA, partly descriptive, partly distinctive marks; nature of descriptive use
•PAG v Hawk-Woods Limited [2002] FSR 46; summary judgment, use of mark to denote intended purpose of goods
•Decon Laboratories v Fred Baker Scientific [2001] RPC 293, over-broad specifications, consequences for infringement
•Raleigh International trade mark [2001] RPC 202, relationship between similarity of goods and similarity of marks with respect to likelihood of confusion
Copyright
•Royal Mail Group v i-CD Publishing [2004] ECDR 18, copyright proctection for databases before and after the Database Directive
•Lambretta v Teddy Smith (UK) [2003] RPC 41, relationship between copyright and design right as regards fashion clothing, surface decoration
Registered design
•Oakley Inc v Animal [2004] EWHC 1303 (Ch); sunglasses, extend of disclosure obligation with respect to pleadings
•Thermos v Aladdin [2002] FSR 11 (CA), vacuum flasks, degree of protection for striking design, role of expert evidence
Design right
•Helmet Integrated Systems Ltd v Tunnard [2006] FSR 41, [2007] FSR 16, CA; employee's fiduciary obligations and duty of fidelity, ownership of intellectual property created whilst employed
•Dyson v Qualtex [2005] RPC 19, [2006] EWCA Civ 166 (CA), vacuum cleaners, degree of protection given to spare parts, terms of design right protection, must-fit and must-match exceptions
•Ultraframe v Eurocell (Disclosure) [2005] FSR 2, disclosure obligation in design right cases, "commonplace designs"
•Lambretta v Teddy Smith (UK) [2003] RPC 41, relationship between copyright and design right as regards fashion clothing, surface decoration
Passing off
•MedGen v Passion for Life Products [2001] FSR 496, ownership of goodwill between UK distributor and foreign manufacturer
Databases
Royal Mail Group v i-CD Publishing [2004] ECDR 18, database right in the Royal Mail's Postcode Address File
Information technology cases since 2001
•Essex Business and Careers Partnership v Microdec, 2003, dispute between local enterprise authority and IT supplier re telecoms
•Glass’s Guide v Logica, 2003, whether negligent/breach of contract to recommend Oracle software where relevant module not yet commercialised, quantum of damages
•Anker Systems v Jawad, 2002, Point of Sale software for a chain of fashion stores
•Frontline Technology v Rushton et al, 2001, wireless school attndance monitoring system
European Patent Office cases since 2001
•EP 1 475 024 (Thomas Daniels Jr.) entitled "Beverage Mixer", Opposition Division
•EP 0 670 870 (Ameron, Inc) entitled “Polysiloxane coating”; Board of Appeal
•EP 0 848 846 (ODS Technologies, LP) entitled “Interactive wagering systems and processes”; Board of Appeal
•EP No. 0 359 358 (in the name of Showa Aluminium KK) entitled “A condenser”; Opposition Division, and Board of Appeal
•EP No. 0 595 601 (Showa Aluminium KK) entitled “Brazeable aluminium material and a method of producing same”; Opposition Division, and Board of Appeal
•EP 0 219 974 (Modine Manufacturing Company) entitled “Condenser with small hydraulic diameter flow path”; Opposition Division, and Board of Appeal
•EP 0 517 702 (Stanley Rokicki) entitled “Pultruded Fibreglass Framing Sections”; Opposition Division
•EP 840 893 (Cohesive Technologies) entitled “Highly Efficient Liquid Chromatography Process and Chromatographic Apparatus therefor” Opposition Division, and Board of Appeal
•EP 710074 (Unilever plc) entitled “Ice Confections”, Board of Appeal
•EP 328257 (Optical Coating Laboratory Inc) entitled “Magnetron sputtering apparatus and process”, Board of Appeal
•EP 0 732 101 (Deprenyl Animal Health) entitled “Use of L-deprenyl for retarding age dependent deterioration of the immune system function in mammals”; Opposition Division, and Board of Appeal
•EP 0 473 252 (Deprenyl Animal Health) entitled “Use of L-deprenyl for retarding deterioration due to aging”, Opposition Division, and Board of Appeal
•EP 779809 (Deprenyl Animal Health) entitled “Use of Selegiline to prolong life span”; Examination Division
•EP 0623344 (Ceva Sante Animale) entitled “Use of Selegiline in veterinary medicine”; Opposition Division
•EP 728014 (Prodigene, Inc) entitled “Vaccines expressed in plants” Board of Appeal
Franchising
•Compensation Specialists v Compensation Claims Service [2003] EWCA Civ 1108, CA
Professional Associations
•Chancery Bar Association, IP Bar Association.
Publications
•Contributing author to Terrell on Patents (ed. Richard Miller QC) 15th and 16th editions; European Patent Litigation Handbook (ed. Brian Reid), both Sweet & Maxwell.
Personal interests
• Gap year 1990-91 teaching English in Kagoshima, Japan; awarded brown belt in full-contact karate; prize winner in prefectural karate tournament for best performance, though losing to a former sumo wrestler; passed Japanese Government language proficiency test (6000 words/1000 characters level).
• Equestrian sports including point to point steeplechasing and polo.
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