Intellectual Property

Ben Clossick Thomson is a barrister in the intellectual property and litigation practice groups, where he concentrates his practice on all aspects of patents, trade marks, copyright, designs, and confidential information as well as commercial litigation, arbitration, and advocacy.

Ben has patent litigation experience encompassing technologies such as mobile telephony, spinal implants, monoclonal antibodies, chocolate manufacture, and airships. As well as acting for clients in patent infringement and revocation matters, he regularly advises and represents clients on inventorship and patent entitlement disputes, having been instructed in several of the major recent proceedings in this area.

Ben has acted for the Unsecured Creditors’Committee of Lehman Brothers in UK proceedings relating to the bankruptcy, and he has also advised BP in connection with the Deepwater Horizon Gulf of Mexico oil spill.

Prior to joining private practice, Ben trained at two of London's top barristers' chambers. In 2001, he was called to the Bar of England and Wales and has rights of audience in all English courts including the High Court and Patents County Court. He also conducts proceedings before the Registrar for Trade Marks and the Comptroller for Patents at the UK Intellectual Property Office as well as opposition and appeal proceedings before the European Patent Office. In addition, Ben is regularly instructed in arbitration proceedings, often with an international element. He also has experience of bringing cases before the Press Complaints Commission.

Intellectual Property Representative Matters

• Yeda Research & Development Co. v Rhone Poulenc Rorer. Managed multi-jurisdiction European patent entitlement proceedings in the field of cancer therapy, acting for the exclusive licensee ImClone Systems, Inc.
• Nokia v InterDigital. Tried first case on mobile telephone standards and declarations of essentiality.
• Mars v Nestle. Directed the development of evidence for European Patent Office appeal concerning prior use of probiotic pet foods.
• Lockheed Martin v Munk. Conducted advocacy in Patent entitlement proceedings in the UK Intellectual Property Office.