Richard Price is widely regarded as one of the UK's leading patent and trade mark lawyers with over 40 years’ 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 USA, Hong Kong, and Western and Central Europe as well as the UK. 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, trade marks, passing off and copyright matters across a range of sectors set out below.
Prior to becoming head of IP Arbitration and Mediation at Olswang (later CMS), Richard was a partner at Woodham Smith (1977-1980), and subsequently in major leadership positions at Taylor Joynson Garrett (later Taylor Wessing (1990-2011)), and Winston & Strawn (2011-2015).
Areas of Expertise
- Patent, Trade Mark, Copyright, and Registered Design infringement and validity.
- Passing off, trade secrets and confidential information.
- Disputes on agreements concerning intellectual property rights.
- 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 Trade Mark matters; international mediations and arbitrations of IPRs.
- Geographical Indications.
- Medical devices
- Genetically modified crops
- Consumer products
- Electronic equipment
- Carbon emissions
- Water purification
- Computer technology
Richard’s most recent case was as a mediator in a patent infringement dispute between two biotech companies scheduled for trial in Boston, Massachusetts in January 2018. The mediation achieved a settlement, which, unusually, was publicised by the parties.
- 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.
- FAGE in its successful application for an ex parte interim injunction against Danone; interim injunction maintained inter partes (February 2013).
- 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).
- 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).
- W.L. Gore & Associates against Perouse Laboratories in patent infringement and revocation proceedings on abdominal stents; settled successfully shortly before trial March 2008.
- Cargill Corporation in its successful defence of patent infringement proceedings by Monsanto Inc. in the first UK patent trial concerning genetically modified crops (trial July 2007; judgment November 2007; patentee's appeal dismissed in October 2008) followed by a good settlement.
- ev3 Group of Companies in successful patent litigation with the University of California/Boston Scientific Limited (interventional neuroradiological system for treating brain aneurysms) including personally deposing witnesses under U.S. Civil Code 1782 in the Northern District of California resulting in the UK European patent being expunged; co-ordinating with Germany, the Netherlands, and the U.S., and in the EPO.
- Johnson Wax's successful defence against Sara Lee's patent infringement action (household products; hydrodynamics) at trial and appeal; and responsible for the successful defence in parallel proceedings in France (up to the Supreme Court) and Denmark (up to the Court of Appeal).
- 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.
- Healing Herbs Limited in its successful application in the OHIM to have BACH CTMs declared generic and cancelled; not appealed.
- Healing Herbs Limited in its application to have BACH and BACH FLOWER REMEDIES trade mark 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).
- JIF Lemon in the successful House of Lords case for Reckitt & Colman plc (now Reckitt Benckiser plc) – the leading trade dress passing off case.
- Canon Inc. in the last civil appeal from Hong Kong to the Privy Council (toner cartridges for printers and photocopiers – copyright and patent – successful on both).
- Asahi Chemical Co. in its successful appeal to the House of Lords on the priority of patent claims (cancer-inhibiting genetic engineering patent).