JUVE Comment

Offering a mixed practice with a span of technological, mobile communication and pharmaceutical patent expertise, 3 New Square continues to impress in high-stakes patent litigation. Over 2020, its many recommended barristers – both silks and juniors – have taken the lead in numerous cases in front of the UK patent courts, including the Court of Appeal and the Supreme Court. Although the set was not involved in the year’s high-profile proceedings between Unwired Planet and Conversant, and Huawei and ZTE, experienced and recommended barrister Guy Burkill is present in the recent litigation between parent company of Unwired Planet, PanOptis, and global communications giant Apple. The case, which encompasses a range of technical trials and FRAND hearings, indicates that the set is still able to compete with its rivals in securing highly-technical mobile communications work. This is further demonstrated through oft-recommended barrister Tom Mitcheson defending Facebook against Voxer in a patent infringement dispute at the High Court.

However, 3 New Square continues to shine predominantly in pharmaceutical work – a core strength of the set. Its barristers lead the way in recommendations for cases involving pharmaceutical companies, highlighted through its presence in two of the most high-profile life sciences proceedings to occur in the UK courts over 2020. This includes a stint in the Supreme Court, where Justin Turner (“Excellent on life sciences,” competitor) acted for Regeneron against Kymab in a highly-complex case concerning transgenic mouse technology. Andrew Waugh also appeared in the Court of Appeal, acting for Neurim and Flynn against Mylan concerning treatments for insomnia. He is “extremely effective in cross-examination,” say several instructing firms.

The set also has other strings to its bow. Notably, barrister Stuart Baran acted for the Comptroller General of Patents against the inventor of complex AI system Dabus, on the patentability of AI. The outcome of this case has the potential to shape UK and European legislation around AI and patenting laws. Thus, 3 New Square has a seat at that table.

Although current Court of Appeal judge Colin Birss is 3 New Square alumnus, the latest additions to the UK judicial bench hail from leading set 8 New Square. On the other hand, the set has a prominent deputy judge in Douglas Campbell, who sits on the High Court and at the IPEC.

This year, the set has welcomed another junior. Thus, it remains stable in size – although is still one of the smaller of the London IP bar.

Recommended individuals

Andrew Waugh (“extremely effective in cross-examination“,), Guy Burkill (“hard-working, creative and user-friendly“, competitor), Joe Delaney, Justin Turner, Katherine Moggridge, Stuart Baran, Thomas Hinchliffe (“gets stuck into matters, offers highly-commercial advice“, competitor), Tom Mitcheson (“immensely bright and excellent in court; the leading patent silk of the moment”; ”extremely clear in his advocacy“, competitors)

Team

8 QCs, 14 juniors

Clients

Supreme Court: Regeneron (defendant; Justin Turner) against Kymab over transgenic mouse technology; Court of Appeal: Neurim and Flynn (claimant; Andrew Waugh) against Mylan over insomnia drugs; High Court: Apple (claimant; Guy Burkill) against PanOptis over FRAND; Comptroller General of Patents (claimant; Stuart Baran) against Dabus over AI inventorship; Fibrogen (defendant; Tom Mitcheson, Joe Delaney, Thomas Lunt, Justin Turner) against Akebia and Otsuka over anemia medication.