Robert Lundie Smith is qualified as a Barrister and Solicitor and practises as a Solicitor Advocate in EIP Legal. His practice focuses on contentious and non-contentious IP matters. Alongside his law degree, Robert has an MSci in chemistry and a PhD in chemistry/chemical physics, and before coming to law Robert was a research fellow at the University of Lund in Sweden.
Robert has extensive experience in advising in disputes (both High Court and Court of Appeal) relating to a wide range of IP issues and related contractual matters (including patents, SPCs, trademarks, copyright, designs and confidential information) and in a wide range of industries ranging from pharmaceutical/biotechnology to telecommunications, from consumer goods to the arts. Robert also has experience of proceedings before the Court of Justice of the European Union and regularly advises on matters that form part of wider, multi-national, disputes.
Experience
- Novartis AG & Anr -v- Johnson & Johnson Medical & Anr. Robert was part of the UK solicitor team before the High Court and senior associate in the solicitor team before the Court of Appeal, acting for Novartis in a multination patent dispute regarding extended wear contact lenses.
- Kirin Amgen Inc. -v- Lietuvos Respublikos valstybinis patentu biuras. Robert was the senior associate in the solicitor team acting for Kirin Amgen before the Court of Justice of the European Union regarding supplementary protection certificates.
- Porton Capital Technology Funds & Ors -v- 3M. Robert was part of the solicitor team representing Porton Capital in a contractual dispute relating to medical devices for diagnostic tests.
- Vestergaard Frandsen v Bestnet Europe Ltd & Ors. Robert was instructed to act as junior counsel for Bestnet before the High Court in an action for breach of confidence concerning impregnated mosquito nets.
- Armour Group PLc -v- Leisuretech Electronics Pty Ltd. Robert was instructed to act as junior counsel for Leisuretech in a patent dispute concerning home entertainment systems.
Recent work
- Acting for Unwired Planet International Limited in patent and FRAND litigation against Google, Samsung & Huawei (patents concerning Android, 2G, 3G and LTE technologies).
- Acting for Good Technology Inc. as part of multinational patent litigation in the field of mobile device management.
Published articles
- September 2014
World Trademark Review Daily, Trademark surveys - a phoenix from the flames? - July 2014
World Trademark Review Daily, Perpetual protection for retail design? Apple suceeds before the ECJ - January 2014
World Trademark Review Daily, Pinterest fails to prevent registration of PINTEREST by UK firm - September 2013
World Trademark Review Daily, Samsung v Apple saga: Invalidity division rules on validity of Apple's tablet RCD - June 2013
World Trademark Review Daily, Interflora: High Court considers infringement by broad matching without negative matching? - May 2013
Journal of Intellectual Property Law and Practice, Bard v Gore: to injunct, or not to injunct, what is the question? Is it right to reward an infringer for successfully exploiting a patent? - May 2013
World Trademark Review Daily, Interflora represents victory for brand owners - but how much protection does it really give? - April 2013
Journal of Intellectual Property Law and Practice, UK to be one-stop-shop for non-infringement across Europe? - September 2012
World Trademark Review Daily, M&S v Interflora: death of the witness gathering exercise regulation - September 2012
World Trademark Review Daily , Interflora - a further move towards tighter control of witness gathering exercises? - June 2012
World Trademark Review Daily, Court of Appeal interprets Article 91(1) of Community Designs Regulation - March 2012
World Trademark Review Daily, High Court closes litigation floodgates on rehearing Nominet rulings - February 2012
World Trademark Review Daily, Court determines ownership issues in brotherly dispute - January 2012
World Trademark Review Daily, Rugby Board fails to retrieve domain name because it does not contain 'rugby' - November 2011
World Trademark Review Daily, Defendant held to have arrived at same design independently - September 2011
World Trademark Review Daily, ‘Cross-bottling’ found to infringe trademark - September 2011
World Trademark Review Daily, Claimant shows breach of contract through actions amounting to passing off - September 2011
World Trademark Review Daily, Documentation of creative process is key to overcoming inference of copying - July 2011
World Trademark Review Daily, European Commission releases new strategy on IP rights - July 2011
Journal of Intellectual Property Law & Practice, Forum shopping: is the England and Wales Patents Court really a non-starter for patentees? - June 2011
World Trademark Review Daily, High Court clarifies when it will grant permission to adduce survey evidence - February 2011
World Trademark Review Daily, Injunction refused due to greater risk of injustice to defendants - January 2011
World Trademark Review Daily, Damages assessed on 'user' principle available - November 2011
Journal of Intellectual Property Law and Practice, Patents: How much longer can the Aerotel/Macrossan test survive? - October 2010
World Trademark Review Daily, Court of Appeal considers 'Euro defences' in parallel imports case - July 2010
World Trademark Review Daily, Threat to market replica vacuum cleaner amounts to passing off - June 2010
World Trademark Review Daily, Consultation paper on EU Customs Regulation published - March 2010
Journal of Intellectual Property Law and Practice, Just how ‘anti-patent’ are the UK courts? - September 2009
World Trademark Review Daily, FROM RUSSIA WITH LOVE opposition fails
Education and qualifications
-
2005 — 2007
Bachelor of Laws, College of Law, London -
2006 — 2007
Bar Vocational Course, College of Law, London -
2005 — 2006
Graduate Diploma in Law, College of Law, London -
1999 — 2003
PhD Chemistry/Chemical Physics, King's College London -
1995 — 1999
Chemistry - Master of Science (MSci), King's College London
Career history
- 2014 — present
Partner, EIP - 2012 — 2014
Senior Associate , EIP - 2009 — 2012
Associate, McDermott Will & Emery - 2008 — 2009
IP Barrister, practicing out of 8 New Square, Lincoln’s Inn - 2007 — 2008
Pupil Barrister, 8 New Square - 2003 — 2005
European Union Marie Curie Postdoctoral Research Fellow, Department of Chemical Physics, University of Lund, Sweden - 1999 — 2003
Demonstrator in Organic, Inorganic and Physical Chemistry , King’s College London
Speaking engagements
- 3 April 2014
Society of Chemical Industry, What a chemist needs to know about patents - October 2013
Own-It, How to enforce your IP rights (link) - 23 April 2013
UAL Student Enterprises and Employability workshop , Trademarks - 19 April 2013
Equity, IP Small Claims Track - March 2013
Central St Martins College, IP Overview workshop - 13 February 2013
Central St Martins College, IP Overview workshop
Additional information
- Called to the Bar of England and Wales July 2007
- Contributor to Kluwer Patent Blog