Called to the bar 1992

Practice Area
Justin Turner's practice is concerned with all areas of intellectual property including patents, copyright, design rights, misuse of confidential information and trade marks. His technical background has resulted in the major part of his practice being connected within the academic disciplines of pharmacology and biotechnology in relation to which he has acted in a number of leading cases (details of some are given below). Recently he has been instructed by GSK in various patent proceedings connected with paroxetine (SEROXAT) and by Abbott in connection with its licence dispute with Cambridge Antibody Technology over HUMIRA. He also represented Merck in its patent dispute with Monsanto and Pfizer in relation to VIOX and represented Merck in the equivalent EPO opposition proceedings. He has been involved in a number of cases associated with the oil industry including patent disputes relating to Coflexip’s VLS.

In addition to appearing in the High Court Justin Turner also regularly appears in opposition proceedings at the European Patent Office, arbitration proceedings and has been involved in cases before the European Court of Justice. He also provides strategic patent advice in the field of biotechnology.

Justin Turner has conducted a number of mediations on behalf of the design organisation ACID.

Education and Qualifications
School
1976 - 1981 Educated at Wadham School, Crewkerne, Somerset. A levels in Biology, Chemistry and Mathematics.

Scientific
1981 - 1986 Studied at the Royal Veterinary College, London University, graduating with a Bachelor of Veterinary Medicine in 1986.
1987 - 1991 Studied at Emmanuel College, Cambridge University, graduating with a PhD in immunology from the department of clinical medicine. His thesis addressed, principally, the role played by interleukins and interferons in the control of immune responses to viral infections.
1990 Consultant scientist at the International Laboratory for Research into Animal Disease, Nairobi. This is an international institute formed for the purpose of developing a vaccine for trypanosomiasis.

Legal
1990 Studied for a diploma in law at City University. Awarded a Harmsworth Scholarship by Middle Temple.
1991 Attended the Inns of Court School of Law.
1992 Called to the Bar. Pupillage at Chambers of David Young Q.C. sitting with Andrew Waugh and Richard Miller.


Recent Cases
United Kingdom cases Justin Turner has been involved in include:

• Biogen v. Medeva [1997] RPC 1 (House of Lords: patent proceedings relating to recombinant hepatitis vaccine),
• Kastner v. Rizla [1995] RPC 585 (a leading patent infringement case in the court of appeal),
• SmithKline Beecham v. Norton & Lek [1997] FSR 81 (AUGMENTIN - patent proceedings and also a claim for misuse of confidential information in the DNA sequence of a strain of Streptomyces clavuligerus used in the production of potassium clavulanate),
• Visx v. Nidek [1999] FSR 405(patent proceedings relating to excimer laser surgery for myopia),
• DSM v Novo [2001] RPC 675 (patent proceedings relating to phytase)
• Bristol Myers Squibb v. Baker Norton and Napro [2001] RPC 1 (TAXOL – patent proceedings relating to a medical use claim for chemotherapy),
• Norozian v Arks [1998] FSR 394 (film copyright relating to an advert for GUINNESS)
Coflexip v Stolt Comex [2001] 182 (patent proceedings relating to a vertical lay system for flexible pipe),
• Monsanto and Pfizer v. Merck [2002] RPC 758 (VIOXX - patent proceedings relating to COX-2 Inhibitors),
• SmithKline Beecham’s Patent [2003] RPC 114 (SEROXAT anticipation under section 2(3) of Patents Act 1977)
• SmithKline Beecham’s Patent [2003] RPC 855 (SEROXAT – patent proceedings relating to paroxetine hydrochloride anhydrate)
• SmithKline Beecham’s Patent [2003] RPC 769(SEROXAT – patent proceedings relating to paroxetine hydrochloride anhydrate.)
• SmithKline Beecham v Apotex [2003] FSR 544 (SEROXAT – interim injunction granted pending trial under patent relating to paroxetine hydrochloride anhydrate)
• Coflexip v Stolt Offshore [2003] FSR 41 (court of appeal, principles to be applied on an enquiry as to damages)
• Technip France SA’s Patent [2004] RPC 46 (court of appeal, second action relating to validity of patent for vertical lay system)
• Glaxo Group Limited’s Patent [2004] RPC 843 (validity of patent relating to SERETIDE)
• SmithKline Beecham v Apotex [2004] RPC 27 (SEROXAT – second patent proceedings relation to paroxetine hydrochloride anhydrate)
• Cambridge Antibody Technology v Abbott [2005] FSR 27 (licence dispute as to royalty payments to be made pursuant to a joint development collaboration agreement in relation to HUMIRA).
• Dyson technology v Strutt [2005] EWHC 2814 (misuse of confidential information and restrictive covenant relating to vacuum technology)
• Synthon v SmithKline Beecham [2005] UKHL 59 (House of Lords decision on the correct approach to novelty in the context of a patent to a polymorph)
• LIFFE v Pinkava [2006] EWHC 595 (entitlement proceedings and misuse of confidential information relating to financial derivatives)
• Baxter Healthcare v Abbott [2007] EWHC (patents proceedings concerning the storage of the anaesthetic sevoflurane)
• Boehringer Ingelheim v Vetplus [2007] FSR 29 (court of appeal, comparative advertising and trade mark infringement under the Human Rights Act)
• Generics (UK) and Teva Pharmaceuticals v H Lundbeck [2007] RPC 32 (patent validity proceedings relating to the enantiomer escitalopram)
• Cantor Gaming v Game Account Global [2008] FSR 4 (copyright infringement and breach of contract relating to gaming software)
• Arrow Generics v Merck [2007] FSR 39 (jurisdiction of the court to make a declaration in respect of the validity of an application)
• Wobben v Vestas-Celtic [2007] EWHC 2636 (patent proceedings relating to wind energy systems)
• Genentech v Glaxo [2007] (as yet unreported) recent important decision of the court of appeal on principles to be applied to staying a UK patent action pending concurrent European Patent Office proceedings.
• Lilly v 8PM [2007] EWHC (recent decision of the Court of Appeal, awaiting reasons. concerning whether transiting goods through Europe is trade mark infringement.
• Eli Lilly v Human Genome Sciences (patent proceedings relating to the novel cytokine BLyS identified by bioinformatics) awaiting judgment

Further details including EPO cases and a description of his general advisory work can be provided on enquiry through his clerk, Ian Bowie.

Interests and pastimes
Pastimes include playing squash (the Lansdowne Club and The Jesters), real tennis (Canford), riding and music. Academic interests include evolutionary biology and the history of science.