David Moore - Managing Partner

David has a particularly wide ranging practice and is one of the country’s leading Patent Attorney Litigators. As a qualified European and Chartered Patent Attorney and Trade Mark Attorney, David’s width and depth of practice is unparalleled. He advises across the whole range of intellectual property and clients appreciate his ability to combine a relaxed manner with an ability to grasp the key issues quickly to provide focussed and commercially relevant advice.

David advises on all aspects of IP including IP audit and capture, IP filing strategies and portfolio management techniques. He acts for a range of clients including individuals, SMEs, and multi-nationals and handles a broad and diverse range of cases before the UK Patent Office, EPO, OHIM and the Courts. David’s fluency in German is also of particular use when dealing with matters before the European Patent Office in Munich.

David has extensive experience of Court work both in the High Court and Intellectual Property Enterprise Court and has taken several cases through to trial. David is, however, always highly alert to the possibility of settlement and how to achieve a favourable outcome for his clients.

Some of David’s reported cases are listed below including the notable Nespresso decision where his acumen lead to an end of the long running capsule wars across Europe.

His recently reported cases include:

- Nestec SA & Ors v Dualit Ltd & Ors [2013] EWHC 923 (Pat)
In this action it was alleged by Nestec that supplying compatible coffee capsules for Nespresso machines infringed two patents covering machines which used them. It was accepted by Nestec that the capsules were not novel and would also fit Nespresso machines not covered by the patents. It was argued that the supply of the capsules constituted contributory infringement under section 60(2) of the Patents Act. Arnold J held that the patents were invalid and, if valid, were not infringed. He said both that the supply of the capsules did not lead to a “making” of the machine with a capsule, following the recent decision of the Supreme Court in Schutz v Werit and that owners of the machines were impliedly licensed to use other capsules in Nespresso machines.

O/161/07 EXTREME Trade Mark
Trade Mark revocation Decision on how evidence should be considered.


- W.S Foster & Son Ltd v Brooks Brothers UK Ltd [2013] EWPCC 18
Claim for passing off by bespoke shoemaker Foster & Son against American fashion chain Brooks Brothers.

- Ifejika v Ifejika [2010] FSR 29 & [2010] FSR 7
Validity of registered design for contact lens cleaning kit.
Patents Court & Court of Appeal

- Daimler Ag v Sany Group Company Ltd [2009] EWHC 1003
Infringement and validity of Community Trade Marks. Successful defence of class headings of a trade mark registration in Class 7.

- Knorr-Bremse Commercial Vehicles Ltd v Haldex Brake Products GmbH [2008] EWHC 156 (Pat)
Patent for braking systems for commercial vehicles. Declaration of non-infringement. Previous agreement between claimant’s parent company and the defendant in Germany. Whether jurisdiction clause governed by Council Regulation 44/2001. Whether stay of proceedings should be granted.

- DaimlerChrysler v. Alavi [2001] RPC 42 (Pumfrey J. Registered & Community trade marks infringement and validity).

- Tripp Ltd v Landor & Hawa Intl Ltd [2004] All ER (D) 270 (Ch).
A High Court dispute concerning design right infringement, trade mark infringement and international domain name and trade mark squatting. Successful defence of security for costs application of highly geared company.

- Ghazilian's Application [2001] RPC 33.
An appeal before the Appointed Person concerning the morality of an application for a registered trade mark.

- CARSMART [2005] ETMR 93.
Successful appeal concerning the use of the SMART trade mark and registrability of retailer marks for goods.

- GAT Microencapsulation AG v Syngenta Ltd - O/037/07 - Adequacy of pleadings in the Patent Office.

 

 

 

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