Matthew works across the full range of intellectual property and related areas, such as technical contract work. He handles litigious and non-litigious matters.

He has taken two related actions involving defending patent infringement claims on a simple chemical patent with related counterclaims for a declaration of invalidity from soon after litigation was started, through to trial in 2009 (where he was led by Alastair Wilson QC). This year, 2010, he represented the claimant at the trial of UK unregistered design rights infringements in designs of wedding cake stands, with a similar fact evidence point which seems to have been compelling in arriving at the decision. These trials had "threats" claims to be pursued and defended respectively too.  

Matthew's work has focused mainly upon cases with substantial technical content eg computer and internet matters; other areas of intellectual property in cases with a lot of law, and matters relating to registration and infringement of registered trade marks and passing off.

Matthew's training and experience as a multi-disciplinary research scientist demonstrates his aptitude for, and commitment to, working in such applications.   

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Matthew works across the full range of intellectual property and related areas, such as technical contract work. He handles litigious and non-litigious matters. A substantial proportion of this non-litigious work has involved drafting of commercial agreements, usually in technical contexts.

Matthew has ample experience in cases involving the frequently encountered causes of action in intellectual property work. He has handled a relatively high proportion of matters in which the more obscure causes of action have been prominent. These include database right infringement; causes of action relating to devices for circumvention of copyright protection measures; meta-tagging issues; revocation for non-use of trade marks; declarations of invalidity of patents and committal proceedings.

Matthew welcomes work on the edges of intellectual property, for example, in franchising, merchandising, publishing, restrictive covenants and similar commercially-focused areas. Occasionally he has undertaken work far beyond the usual ambit of intellectual property lawyers, in more general commercial and chancery contexts. Matthew enjoys the benefits of being a specialist, but also he believes working as a lawyer in related areas gives him a breadth of vision and so reinforces his strengths in his main specialist area. Necessarily there is a balance to be maintained between working in the main specialist area, and in the surrounding areas of law.    

Matthew's work has focused mainly upon cases with substantial technical content eg scientific and technological, especially computer and internet, matters; or in other areas of intellectual property in cases where the law on the point requires the significant application of relevant knowledge, experience or judgment, for example, in relation to registration and infringement of registered trade marks and passing off.

Matthew was a research scientist in the UK and at Yale University in the USA for some years before being called to the Bar. Coming from an engineering background, he studied physical sciences, concentrating mainly on Chemistry before progressing to advanced multi-disciplinary scientific research involving exploration of new applications of nuclear magnetic resonance spectroscopy in the study of 'interesting chemicals': proteins, enzymes, rRNA, nucleic acid-protein complexes and biological systems. This was work at the forefront of high-field NMR spectroscopy, of the investigation of molecular structures of biomacromolecules and of molecular biology. In so doing, he had some modest experience of sequencing nucleic acids, including working with ³²P. He was a science undergraduate, postgraduate, and a postdoctoral researcher.

Matthew attended three state secondary schools: Two were comprehensives in the West Country; the third was a selective grammar school on the East Coast. It goes without saying for members of the Bar, that he is pleased to act for claimants or defendants, whether corporate or individual. That is, for people from anywhere, in any situation.  

Professional Memberships:

• Intellectual Property Bar Association
• Chancery Bar Association
• Society for Computers and Law
• Associate member of Institute of Trade Mark Attorneys 

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Reported Cases

• FAB CAFÉ Trade Mark BL O/251/08  (Opposition in registry; copyright; bad faith; off-scale costs, about £18k, awarded)
• Sony Computer Entertainment Inc v. Ball [2005] FSR 1 (modified computer chips for PS2)
• POLICE Trade Mark [2004] RPC 693 (resisting revocation for non-use; before Appointed Person)
• Jobserve Ltd v. Skillsite Ltd [2004] FSR 762 (contempt; breach of undertakings; database right)
• Mercury Communications Ltd v. Weiner [1997] EWCA Civ 792 (CA) (trade mark infringement)
• Valeo Vision v. Flexible Lamps [1995] RPC 205 (infringement of industrial copyright in commercial vehicle lamps; registered design validity, infringement issues)
• Games Workshop v. Transworld Publishers [1993] FSR 705 (CA) (infringement of registered trade mark; interim injunctive relief; title of 3 volumes)

Publications