Tim Austen

Tim Austen

Called to the bar 2012 Junior

Practice Area

Tim practises in all aspects of intellectual property law, with a particular focus on patents, trade marks and confidential information. He has worked on cases across many sectors, most notably in healthcare, life sciences, industrials and financial services.

Tim is a tough and persuasive advocate, and an analytical and rigorous junior barrister. He regularly appears before the Intellectual Property Enterprise Court and the High Court, both led and unled, has appeared several times before the Court of Appeal in Warner-Lambert v Actavis (twice), Actavis v Eli Lilly and One Money Mail v Ria Financial Services, and is currently involved in pending Supreme Court proceedings in Warner-Lambert v Actavis.

Tim was originally a solicitor at Allen & Overy where he qualified in 2007, and later went on secondment to the patent litigation department of Fenwick & West in California. His experience of US patent litigation included siRNA (small interfering RNA) gene silencing, laryngeal masks and smart card technology. At Allen & Overy, Tim acted for Warner-Lambert in the well-known Atorvastatin patent litigation, for Novartis in the Lucentis litigation against MedImmune’s phage display patents, for Research in Motion in relation to mobile email synchronisation patents, for Honda in several cases in relation to their trade marks and registered designs, and for BSkyB in relation to copyright in foreign decoder cards.

After five years’ experience as a solicitor, Tim was called to the Bar in 2012 and began practice at Three New Square. In addition to Court trials and inquiries, Tim is able to assist with mediations, hearings before the UK Intellectual Property Office (patents and trade marks) and proceedings before the European Patent Office. A selection of Tim’s current and past cases as a barrister are shown below.

Cases and Experience

Patents

Amgen Inc v Accord Healthcare (HP-2017-000024)
Acting (led by Andrew Waugh QC) in patent litigation in relation to cinacalcet, a blockbuster medicine for the treatment of secondary hyperparathyroidism and hypercalcaemia.

Coloplast A/S v MacGregor Healthcare (HP-2015-000001)
Acting (led by Tom Mitcheson QC) in patent litigation concerning catheter technology, including an unled application to stay proceedings pending EPO proceedings, and subsequent lifting of the stay.

JCB v Manitou (HP-2017-000027)
Acting (led by Michael Silverleaf QC) in patent litigation in relation to telehandlers and JCB’s patents for stability control technology.

TF3 and Conair v Philips (HP-2017-000017)
Acting (led by Douglas Campbell QC) in claims for patent infringement and unregistered design infringement in relation to automatic hair curling devices.

GlaxoSmithKline v Wyeth ([2017] EWHC 91 (Pat)
Acted (led by Tom Mitcheson QC) in an application in an inquiry as to damages and account of profits as to the basis on which relief would be assessed.

Warner-Lambert v Sandoz ([2016] EWHC 3317)
Acted (led by Richard Miller QC) in interim injunction proceedings against Sandoz in relation to the patent for new uses of pregabalin.

Nicocigs v Fontem Holdings 1 BV ([2016] EWHC 2161 (Pat)
Acted (led by Andrew Lykiardopoulos QC) at trial of patents for electronic cigarettes, involving complex issues of claim construction, priority and added matter.

Lupin v Gilead Science ([2016] EWHC 2422 (Pat))
Acted (unled) in a hearing of an application for summary judgment in relation to the well-known Gilead combination SPC.

Actavis Group v Eli Lilly ([2016] EWHC 1955 (Pat)
Acted in the trial of patents for formulations and dosage regimen of tadalafil (Cialis).

Warner-Lambert v Actavis Group ([2015] EWHC 72, [2015] RPC 25, [2016] RPC 3, [2017] RPC 1)
Acting (led by Justin Turner QC, Charlotte May QC, Tom Mitcheson QC and Richard Miller QC) in high profile patent litigation on the hot topic of infringement of second medical use claims to new uses of pregabalin. Acted in interim injunction proceedings before the High Court and the Court of Appeal, and then junior at trial and again before the Court of Appeal. Pending before the Supreme Court.

Actavis Group v Pharmacia ([2014] EWHC 2265 (Pat))
Acted (led by Tom Mitcheson QC) in patent litigation for sustained release forms of pramipexole, and in a hearing for a stay pending EPO proceedings.

Actavis Group v Eli Lilly ([2012] EWHC 3316 (Pat))
Acting in the high profile pemetrexed litigation in a challenge to the jurisdiction of the English Courts to hear a claim for a declaration of non-infringement of foreign patents, and latterly in interim injunction proceedings before the Court of Appeal in relation to the Spanish patent.

MedImmune v Novartis Pharmaceuticals UK ([2012] FSR 23, [2013] RPC 27)
Acted (as a solicitor) in the litigation of MedImmune’s (formerly Cambridge Antibody Technology’s) phage display screening patents and succeeded in invalidating the patents and clearing the way for ranibizumab (Lucentis), a VEGF antibody.

Trade Marks and Passing Off

FIL Limited v Fidelis (HC-2016-003644)
Acting (led by Simon Malynicz QC) for well-known financial services group Fidelity in trade mark infringement and validity proceedings against Fidelis before the High Court.

The Military Mutual v Police Mutual (IP-2016-000182)
Acting for Police Mutual (led by Simon Malynicz QC) in an extended form passing off case concerning goodwill in “mutual”, before the Intellectual Property Enterprise Court.

Pooja Sweets & Savouries (O/384/13, O/447/13 and O/195/15)
Acted for Pooja Sweets & Savouries in Trade Mark Registry proceedings and on appeal to the Appointed Person concerning allegations of bad faith and deceptive registration.

Yellow Van London v John Driver ([2014] EWHC 3094 (Ch))
Obtained an order for committal for contempt of court on the part of the defendant.

Fine & Country v Spicerhaart (HC10CO2726)
Acted in damages inquiry proceedings following a finding of trade mark infringement.

Bauer Consumer Media Limited v Land Rover (O/002/14)
Acted for Bauer Consumer Media, a large magazine publisher, in proceedings before the Trade Marks Registry and obtaining successful registration of “Land Rover Owner International” in the face of opposition from Land Rover.

Copyright and Database Right

The Racing Partnership, Arena Leisure v Sports Information Services (HC-2017-000093 & 94)
Acting (led by Michael Bloch QC) for SIS, a major provider of sports data, in database right, copyright and confidential information claims brought in respect of on-course horseracing data.

Martin Coward v Phaestos Limited ([2013] EWHC 1292)
Acted (led by Michael Bloch QC) for Martin Coward in a dispute as to the ownership of hedge fund technology, misuse of confidential information and copyright and database right infringement.

Confidential Information

Blue Power v ENI (HC-2016-001872)
Acting in a dispute for breach of confidence in relation to gas transport technology.

The Racing Partnership, Arena Leisure v Sports Information Services (HC-2017-000093 & 94)
Acting (led by Michael Bloch QC) for SIS, a major provider of sports data, in database right, copyright and confidential information claims brought in respect of on-course horseracing data and the ability to use such data off-course.

Martin Coward v Phaestos Limited ([2013] EWHC 1292)
Acted (led by Michael Bloch QC) for Martin Coward in a dispute as to the ownership of hedge fund technology, misuse of confidential information and copyright and database right infringement.

DESIGN RIGHT

TF3 and Conair v Philips (HP-2017-000017)
Acting (led by Douglas Campbell QC) in claims for patent infringement and unregistered design infringement in relation to automatic hair curling devices.

Anthony Peters v FPL Group (IP-2016-000078)
Acted in proceedings for infringement of unregistered design right before the Intellectual Property Enterprise Court.

Beifa v OHIM (Schwan-Stabilo) (T-148/08)
Acted (as a solicitor) in proceedings before General Court as to registrability of community designs, and whether novel in light of earlier trade marks.

Contract

One Money Mail v Ria Financial Services (A10CL003 and [2015] EWCA Civ 1084)
Acted for Ria Financial in this case concerning exclusive agency agreements and inducing breach of contract. Having appeared unled at trial over 4 days, Tim was led by Joanna Smith QC before the Court of Appeal.

VLM Holdings v Ravensworth Digital Services ([2014] FSR 9)
Acted (with Douglas Campbell) in a claim concerning the termination of a copyright sub-licence when the head licence is terminated.

Professional Memberships and Interests

  • Contributing author to Terrell on the Law of Patents (18th edition)
  • Member of the Intellectual Property Bar Association
  • Member of AIPPI

 Tim is a keen footballer and plays in the Amateur Football Combination league. He has also appeared on several television quiz shows.

Education and Career

 

  • Diploma in Intellectual Property Law & Practice, University of Oxford (2009-2010)
  • Secondee at Fenwick & West, San Francisco, California (2008-2009)
  • Associate Solicitor at Allen & Overy LLP, London (2007-2012)
  • Admitted as Solicitor of the Senior Courts of England & Wales (2007)
  • Legal Practice Course, University of Oxford (2004-2005)
  • Graduate Diploma in Law, College of Law (2003-2004)
  • Molecular and Cellular Biochemistry at Somerville College, University of Oxford (1998-2002)