JUVE Comment

While this set, which is challenging the market leaders, is highly visible for its barristers’ work in pharmaceutical and life sciences disputes, Three New Square has maintained a strong presence amid the myriad cases considered by the High Court and Court of Appeal over the past twelve months. Towards the end of 2021, the headline-grabbing trial between InterDigital and Lenovo saw Three New Square barristers Joe Delaney, Thomas Hinchliffe, Jeremy Heald and Douglas Campbell, lead the counsel list. Previously, the set has been less visible than its neighbours in comparable FRAND cases – for example, sets such as Brick Court Chambers and Hogarth Chambers are navigating this section of the market with aptitude.

However, the InterDigital against Lenovo case, touted as the most important since Huawei vs. Unwired Planet, provided ample opportunity for the set to demonstrate expertise in this area. Alongside the Optis and Apple trials, which involved almost the same barrister list but with the addition of senior KC Guy Burkill, the set continues to make its presence known in some of the UK’s leading telecommunication disputes – albeit sometimes alongside colleagues from other sets. With one of the latter cases reaching the Court of Appeal, where the set’s barristers were also present, Three New Square continues to be a reliable outfit for companies on matters of jurisdiction and FRAND.

Back in the High Court, however, several major pharmaceutical disputes also set the agenda in life sciences; Three New Square’s barristers were present at almost all of them. This included the long-running dispute between Neurim and Flynn against Viatris, formerly Mylan, over medication to treat insomnia, which saw barristers Katherine Moggridge and Andrew Waugh make several appearances in front of the High Court judges for the claimants. As one competitor says, Waugh is “a forceful advocate with immense experience. He is willing to work as a team but equally take decisive action”. The set’s dedication to such important pharmaceutical cases is also noted by a competitor that considers “all practitioners here hardworking, responsive and client-focused, offering high-quality advice”. The highly-recommended Tom Mitcheson also appeared for Bayer against Teva, with one client describing him as an “excellent KC and lovely to work with. He immediately adds value, he is analytical and works well with the team”.

However, on the pharmaceutical side, it is not only small molecule drugs in which the set’s barristers excel. No fewer than five of the set’s barristers, ranging from the duo of increasingly visible juniors, such as Alice Hart and established KC Douglas Campbell for the claimant, to Tim Austen and Thomas Lunt for the defendants, appeared on both sides in the first-of-its-kind damages case between various governmental departments and generics companies, including Dr Reddy’s. While the set usually appears for claimants, and often on the innovator side, this case proved that the set’s expertise is valuable across a range of pharmaceutical-based claims – especially amid an array of claimants, in a procedurally complex area.

However, the set was dealt a blow this year as leading KC Justin Turner moved to neighbour 8 New Square. Turner, who had previously acted for Teva in its joint action with Sandoz against Bristol-Myers Squibb, is a highly regarded barrister with a solid practice. He continues to act for Teva, but from his new lodgings. Furthermore, Three New Square still has no women in KC positions. Here, it remains behind its closest competitors 8 New Square and 11 South Square.

Recommended individuals

Andrew Waugh (“very engaged with all aspects of a case – he works hard to understand the detail and as a result is extremely effective in cross examination. Clients appreciate that he is such a strong team player”, competitor), Joe Delaney (“very good, he acts beyond years of call”, competitor), Katherine Moggridge (“extremely capable junior who works very well with clients and KCs. Bright and engaged in the technical issues and very responsive”, competitor), Stuart Baran (“excellent junior barrister”, “phenomenal, has great abilities to take on cross-examination”, competitors), Thomas Hinchliffe (“smart guy, easy to work with. Good judgment on points to run”, competitor), Tom Mitcheson (“very bright and extremely clear in his legal submission and advocacy. Combines that with a very good client manner. Also a great supporter of diversity initiatives”, competitor), Miles Copeland (“good at advocacy; user-friendly and clever”, competitor)

Team

6 KCs, 14 juniors

Clients

Court of Appeal: Comptroller General of Patents (respondent, Stuart Baran) against Stephen Thaler over AI as named inventor (Dabus); Apple (appellant, Guy Burkill) against Optis over SEPs and FRAND; Apple (appellant, Jeremy Heald) against Optis over SEPs and mobile communication technology; Pharmathen and Aspire (appellant, Andrew Waugh) against Alcon over glaucoma and ocular hypertension treatment. High Court: Bayer (defendant, Tom Mitcheson, Stuart Baran) against Teva over cancer drug sorafenib; Anan Kasei and Rhodia (claimant, Tom Mitcheson, Miles Copeland) against Neo Chemicals over damages; Neurim and Flynn (claimant, Justin Turner, Andrew Waugh, Katherine Moggridge) against Viatris over insomnia medication; the Government Legal Department (claimant, Alice Hart) and the Scottish Ministers and Scottish Health Boards (claimant, Douglas Campbell, Daniel Selmi) against Warner-Lambert (Tim Austen, Thomas Lunt) over damages claim; Optis (claimant, Thomas Hinchliffe) against Apple (defendant, Joe Delaney, Jeremy Heald) over mobile communications; Sandoz (joint claimant, Stuart Baran, Alice Hart) and Teva (joint claimant, Justin Turner, Thomas Lunt) against Bristol-Myers Squibb over blood clot prevention drug; Alcon Eye Care (claimant, Thomas Hinchliffe, Jeremy Heald) against AMO over cataract-surgery equipment; Neurim and Flynn (claimant, Andrew Waugh) against Viatris over insomnia medication; NicoVentures/BAT (defendants, Thomas Hinchliffe) against Philip Morris over application to stay proceedings over heat-not-burn cigarette technology; Teva (joint claimant, Justin Turner, Stuart Baran) and Sandoz (Justin Turner, Joe Delaney) against Astellas over overactive bladder treatment; Lisa Dräxlmaier (claimant, Douglas Campbell) against Bos over car sun blinds; Neurim (claimant, Douglas Campbell) against Teva over injunctive relief for insomnia drug; J. C. Bamford (claimant, Tim Austen) against Manitou over telehandlers; OnePlus/Oppo (defendant, Daniele Selmi) against Nokia over telecommunication technology; Sandoz and Teva (joint claimant, Katherine Moggridge) against Bristol-Myers Squibb and Pfizer over blood-clot-prevention medication; Fiberweb Geosynthetics (defendant, Geoffrey Pritchard, Charles Brabin, Alice Hart) against Geofabrics over damages in railway trackbed liner case.