Richard Price has a background in general commercial litigation, including contractual and licensing disputes, as well as being regarded as one of the U.K.'s leading patent and trademark lawyers. Richard brings over 40 years of experience leading teams in landmark cases and heading market-leading IP litigation practices. Prior to joining JAMS, Richard had extensive experience of disputes in many jurisdictions, including the U.S., Hong Kong, Western and Central Europe and the U.K. His practice covered all aspects of IP law at all levels up to and including the House of Lords (now the Supreme Court) and Privy Council. Most recently as head of IP Arbitration and Mediation at CMS, his practice focused on resolution of disputes, often in multi-jurisdictional patents, trademarks, passing off, and copyright matters across a range of sectors set out below. Since then, he has continued to work as an arbitrator and mediator, having trained with the Chartered Institute of Arbitrators (CIArb) in London, with the World Intellectual Property Office (WIPO), and with JAMS in San Francisco.

Areas of Focus

• Commercial contract and license disputes
• Patent, trademark, copyright, and registered design infringement and validity
• Passing off, trade secrets and confidential information
• Disputes on agreements concerning intellectual property rights including telecoms and technology
• The European Union competition and TRIPs aspects of disputes on these subject matters; oppositions and appeals (European Patent Office)
• Oppositions and revocations in the EUIPO (formerly the OHIM)
• References to the European Court of Justice (now the CJEU) in patent and trademark matters; international mediations and arbitrations of IPRs
• Telecommunications
• FRAND and SEPs
• Accounts of profits and enquiries as to damages

Sectors

• Medical devices
• Pharmaceuticals
• Genetically modified crops
• Telecoms and technology
• Consumer products
• Electronic equipment
• Carbon emissions
• Water purification
• Computer technology
• Oil Engineering

Representative Matters

• Served as a sole arbitrator in a contract case between a Lithuanian applicant and a U.S. respondent.

• Served as a party-nominated arbitrator on a three-person panel in an international contractual dispute concerning oil engineering equipment between American and Russian parties under JAMS International Arbitration Rules.

• Mediated a patent infringement dispute between two biopharma companies scheduled for trial in Boston, Massachusetts. This $27.5 million settlement was made public by the parties, and the details are available here. 

• Solicitor representing Silence Therapeutics PLC in its patent infringement proceedings in the U.K., Portugal and The Netherlands against Alnylam UK Ltd and others concerning platform technology for RNA interference in the treatment of hereditary ATTR amyloidosis and other conditions : due to go to trial in December 2018 in London , the case settled globally shortly beforehand.

• Solicitor representing FAGE in its successful application for an interim injunction against Chobani in an extended passing off case concerning Greek Yoghurt (judgment November 2012; expedited trial February 2013; judgment March 2013 when FAGE was wholly successful); Court of Appeal judgment January 2014 when also wholly successful; appeal refused March 2014; Chobani's application for permission to appeal refused by Supreme Court July 2014; reference to CJEU refused December 2014.

• Solicitor representing FAGE in its successful application for an ex parte interim injunction against Danone; interim injunction maintained inter partes (February 2013).

• Solicitor representing Abbott Laboratories in its successful application against Medinol to have three patents on coronary stents (including coated stents) declared not infringed and/or invalid (judgment November 2010).

• Solicitor representing Abbott Laboratories in its successful application against Evysio (and Medtronic) to have three patents on coronary stents declared not infringed and/or invalid (trial February 2008; judgment April 2008).

• Solicitor representing W.L. Gore & Associates against Perouse Laboratories in patent infringement and revocation proceedings on abdominal stents; settled successfully shortly before trial March 2008.

• Solicitor representing Cargill Corporation in its successful defense of patent infringement proceedings by Monsanto Inc. in the first U.K. patent trial concerning genetically modified crops (trial July 2007; judgment November 2007; patentee's appeal dismissed in October 2008) followed by a good settlement.

• Solicitor representing ev3 Group of Companies in successful patent litigation with the University of California/Boston Scientific Ltd. about an interventional neuroradiological system for treating brain aneurysms. Work included personally deposing witnesses under 28 U.S.C. 1782 in the Northern District of California, resulting in the U.K. European patent being expunged and coordinating with Germany, the Netherlands, the U.S. and in the European Patent Office (EPO).

• Solicitor representing Johnson Wax's successful defense against Sara Lee's patent infringement action (household products; hydrodynamics) at trial and appeal; and responsible for the successful defense in parallel proceedings in France (up to the Supreme Court) and Denmark (up to the Court of Appeal).

• Solicitor representing Hoechst Celanese Corporation against BP Chemicals on a successful major patent infringement action (purifying acetic acid) which led to the first account of profits trial in England for over a century and a very successful settlement.

• Solicitor representing Healing Herbs Limited in its successful application in the OHIM to have BACH CTMs declared generic and cancelled; not appealed.

• Solicitor representing Healing Herbs Limited in its application to have BACH and BACH FLOWER REMEDIES trademark registrations declared generic and revoked for flower remedies made in accordance with the original directions of Dr Edward Bach. Successful at trial, Court of Appeal and House of Lords (the leading UK case on generic or descriptive marks).

• Solicitor representing JIF Lemon in the successful House of Lords case for Reckitt & Colman plc (now Reckitt Benckiser plc) – the leading trade dress passing off case.

• Solicitor representing Canon Inc. in the last civil appeal from Hong Kong to the U.K. Privy Council (toner cartridges for printers and photocopiers – copyright and patent – successful on both).

• Solicitor representing Asahi Chemical Co. in its successful appeal to the House of Lords on the priority of patent claims (cancer- inhibiting genetic engineering patent).

Honors, Memberships, and Professional Activities

• AIPPI Standing Committee on ADR, U.K. delegate (2018-2024)
• Global Patent Litigation Project, founding member (2002-2018)
• Oxford University Postgraduate IP Law Diploma (tutor) Patents Workshop (2008-2016)
• Bristol University Postgraduate IP Law Diploma (tutor) Patents Workshop (1991-2007)
• U.K. IP litigation member of a U.K. government-sponsored delegation to China, which conducted judicial seminars in Hangzhou and spoke on U.K. litigation to High Court judges and held meetings with senior judges in Shanghai and members of the Supreme People's Court in Beijing (May 2006)
• He has been for some years a Member of the Chartered Institute of Arbitrators and the WIPO panel of neutrals.
• Intellectual Property Lawyers Association (IPLA), Chairman (1994-1997)
• Patent Solicitors Association, founding member and Secretary (1982-1994)
• Contributed for about 10 years to drafting the Rules of the European Unified Patents Court (UPC) and assisted with training new judges.
• Written extensively on patents and trademarks and given talks and seminars on these topics and on ADR.

Background and Education

• Partner, Winston & Strawn, 2011-2015
• Partner, Taylor Joynson Garrett (later Taylor Wessing), 1990-2011
• Partner, Woodham Smith, 1977-1990
• Bachelor of Laws, University of Bristol, 1967
• Law Society qualifications from the College of Law, Guildford, qualifying as a solicitor in 1970