Joe Delaney

Called to the Bar 2006

Practice Areas
All aspects of intellectual property law, including patents, SPCs, trade marks, passing off, copyright, registered designs, design right and confidential information.

Joe has also been instructed in matters relating to international commercial arbitrations that involve issues of intellectual property law, in particular disputes arising out of technology, know-how, patent and trade mark transfer and licensing agreements. 

Recent and on-going Cases

• Enercon Gmbh v Enercon (India) Ltd [2012] EWHC 689 (Comm): Represented the Claimant companies in their application under section 18 Arbitration Act 1996 to have various disputes (arising out of an intellectual property licensing agreement concerning wind-turbine technology) referred to arbitration in London under the supervisory jurisdiction of the English courts. The application in the Commercial Court raised complex issues of English and Indian law, in particular regarding whether the seat of the putative arbitration was England or India, and also issues of interim anti-suit and freezing relief. [LINK]

• Apple v Samsung [2012]: Representing Apple in the UK aspect of its dispute with Samsung which involves a number of patents owned by both parties, as well as issues arising out of the registered design for the iPad.

• Apple v HTC [2012]: Representing Apple in the UK aspect of its dispute with HTC.  The infringement and revocation involving four patents owned by Apple is due to be heard in April 2012.

• Novartis v MedImmune [2011] EWHC 1669 (Pat), [2012] EWHC 181 (Pat): Represented Novartis in a complex biotechnology trial in the Patents Court, concerning recombinant antibody phage display technology. This case also raised important issues relating to the availability of SPCs following the CJEU’s ruling in Medeva. [LINK] [LINK]

• Gedeon Richter v Bayer [2011] EWHC 583 (Pat), [2012] EWCA Civ 235: Represented the Claimant in the Patents Court and Court of Appeal in relation to a claim for revocation of a patent concerning pharmaceutical formulations of contraceptive pills. [LINK] [LINK]

• H. Lundbeck A/S v TDP Healthcare [2012]: Represented the Claimant in an action for infringement of its SPC for the antidepressant escitalopram, as well as infringement of its Community Trade Mark for CIPRALEX. The case involved issues of infringement arising out of the Cypriot Defendant’s operation of various websites that offered generic pharmaceuticals for sale in the UK.

• Fresenius v CareFusion [2011] EWHC 2052 (Pat), [2011] EWHC 2663 (Ch), [2011] EWCA Civ 1288, [2012] 1 All E.R. 794, [2011] EWHC 2959 (Pat): Represented Fresenius in an infringement and revocation action concerning infusion syringe pumps. This was also the case in which the Court of Appeal abolished See v Scott-Paine / Earth Closet orders. [LINK] [LINK] [LINK]

• Warner-Lambert v Teva [2011] F.S.R. 44, [2011] EWHC 1691 (Pat), [2011] EWHC 2018 (Ch): Represented Warner-Lambert in a patent action involving Pfizer’s blockbuster drug Lipitor, including ex parte and contested interim hearings. [LINK] [LINK]

• Apple v Nokia [2011]: Represented Apple in the UK aspect of this wide-ranging mobile phone related litigation.

• An LCIA Arbitration [2011]: Instructed to assist commercial counsel in relation to intellectual property issues arising out of a patent and know-how licensing agreement concerning neurotoxins.

•  Albert Packaging v Nampak Cartons [2011] EWPCC 015, [2011] F.S.R. 32: Represented the defendant company as the sole advocate in a Patents County Court trial for infringement of unregistered design right in sandwich-wrap packaging. [LINK]

• Datacard Corporation v Eagle Technologies Ltd [2011] R.P.C. 17; [2011] EWHC 244 (Pat): Represented the Defendant in a trial involving infringement and revocation of patents concerning RFID technology in printer consumables, as well as trademark infringement via the use of signs on “click-through” links on websites. [LINK]

• Fosroc v W.R. Grace [2010] EWHC 1702 (Pat): Represented Fosroc in a Patents Court revocation action concerning cement admixtures. [LINK]

• Diageo v Intercontinental Brands [2010] EWCA Civ 920; [2011] 1 All E.R. 242; [2010] E.T.M.R. 57; [2011] R.P.C. 2 (Court of Appeal) [2010] EWHC 17 (Ch); [2010] 3 All E.R. 147; [2010] E.T.M.R. 17; [2010] R.P.C. 12 (High Court): Represented Diageo at trial and on appeal in this widely-reported action for extended form passing-off involving the ‘VODKAT’ range of products. [LINK] [LINK]

• TIP v Motorola [2010]: Represented TIP, a subsidiary of RIM, in a patent action on infringement, ‘essentiality’ and revocation of a patent on GPRS mobile phone technology.

• RIM v Motorola [2010] EWHC 118 (Pat): Represented Research in Motion in this Patents Court trial concerning mobile email systems. [LINK]

• Ratiopharm v ALZA; ALZA v Sandoz [2009] EWHC 213 (Pat): Represented ALZA in this Patents Court trial concerning transdermal fentanyl patches. [LINK]

• InterDigital v Nokia & NSN [2008]; Nokia Corporation v InterDigital [2007] EWHC 3077: Represented InterDigital in these wide-ranging patent actions concerning 3G and GSM mobile phone technology, and the determination of ‘essentiality’ to the ETSI standards. [LINK]

 

Publications
S. Wheelwright, S. Baron-Cohen, N. Goldenfeld, J. Delaney, D. Fine, R. Smith, L. Weil and A. Wakabayashi, (2006). “Predicting Autism Spectrum Quotient (AQ) from the Systemizing Quotient-Revised (SQ-R) and Empathy Quotient (EQ)”, Brain Research 1079:47-56 A. Wakabayashi, S. Baron-Cohen, S. Wheelwright, N. Goldenfeld, J. Delaney, D. Fine, R. Smith and L. Weil, (2006). “Development of short forms of the Empathy Quotient (EQ-Short) and the Systemizing Quotient (SQ-Short)”, Personality and Individual Differences, Volume 41, Issue 5, October 2006, Pages 929-940

Professional Association Memberships
Chancery Bar Association, IP Bar Association

 

What others are saying:

 'Joe Delaney is a talented young barrister with a practice spanning the full range of IP law. He has recently been acting alongside colleagues from Three New Square on the UK element of the global patent dispute between Apple and Nokia."'

Chambers and Partners 2012

“stands out for being "capable beyond his years." Delaney is "very focused, excellent on the detail in complex patent cases and a pleasure to work with."

Chambers and Partners 2011

 “Joe Delaney is another promising individual, who exhibits "strong technical skills." He has been involved in some high-profile cases of late, including Nokia v InterDigital, Ratiopharm v ALZA and ALZA v Sandoz.”  

Chambers & Partners 2010

“Natural Sciences graduate Joe Delaney was only called to the bar in 2006 but is already winning rave reviews as “a barrister who is mature beyond his years and who is destined to go all the way to the top””

Intellectual Asset Management Life Sciences 250 – The World’s Leading Life Sciences Patent Litigators 2010

 

Education
• 2006-2007: 12 months pupillage completed at 3 New Square covering all areas of intellectual property law with Colin Birss, Tom Hinchliffe, Tom Mitcheson, and Denise McFarland as pupil masters.
• 2005-2006: Bar Vocational Course (top 5% in year), BPP Law School, London
• 2004-2005: Graduate Diploma in Law, BPP Law School, London.          
• 2001-2004: BA (First Class, Hons.) (Natural Sciences), Emmanuel College, University of Cambridge.

Awards & Scholarships
Middle Temple: JJ Powel Prize (for finishing in top 5% on BVC),
Astbury Scholar,