JUVE Patent

3 New Square – UK 2020

JUVE Comment

The expertise at 3 New Square spans a wide array of technical fields, with barristers covering high-profile cases in mobile telecommunications, biotechnology and electronics. But it is perhaps in pharmaceuticals where 3 New Square shines, including work in SPC regulation. Notable recent cases involving this mixture of regulation and litigation include Novartis against Dr Reddy’s, which saw 3 New Square barristers working for both claimant and defendant. At the Supreme Court, recommended barristers Andrew Waugh, Tom Mitcheson and Katherine Moggridge have also represented innovators ICOS and Eli Lilly against generic companies over tadalafil. Its barristers are also visible in leading telecommunications cases, including infringement and revocation for cases concerning mobile phones. There is good exposure in high-profile cases for more junior barristers, for example the chambers representing Huawei and ZTE in a technical trial in the ongoing litigation against Conversant. However, as yet 3 New Square has seen less involvement in leading FRAND cases than barristers from 8 New Square and 11 South Square, with its recommended individuals being stronger in life sciences. This is not to say it is shy of a challenge, however; the set’s barristers and particularly QCs do not confine themselves to London. Recommended QCs like Andrew Waugh regularly represent Eli Lilly and other institutions, such as universities, in oral proceedings at the EPO. Colin Birss, current High Court judge, is 3 New Square alumnus. The set also has a prominent deputy judge in Douglas Campbell, who sits on the High Court and at the IPEC. Nevertheless, with eight QCs and 12 juniors, 3 New Square is slightly smaller than its neighbours. Currently, the set also has just one female silk, and three female juniors.

Recommended individuals

Stuart Baran (“ahead of his years and great on his feet”), Guy Burkill (“best person for highly-technical mobile cases”), Douglas Campbell, Thomas Hinchliffe (“gets stuck into matters and offers highly commercial advice”), Richard Miller (“very good storyteller”), Tom Mitcheson (“leading patent litigation silk at the moment”), Katherine Moggridge (“hard working and diligent, with particularly good team management skills”), Justin Turner, Andrew Waugh (“really good on detail-driven life science cases”)


8 QCs, 13 juniors


Supreme Court: Actavis, Teva, Generics/Mylan (appellants; Andrew Waugh, Tom Mitcheson, Katherine Moggridge against Eli Lilly and ICOS over tadalafil. Court of Appeal: Olaplex (claimant; Katherine Moggridge) against L’Oréal (defendant; Lindsay Lane) over hair treatment. High Court London: Blue Gentian (claimant; Thomas Hinchliffe, Katherine Moggridge) against Hozelock over extendable hoses (all public knowledge).