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Caitlin Heard

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Caitlin is a highly experienced intellectual property litigator and solicitor advocate specialising in technology related disputes. She has acted on a number of ground-breaking cases across the full spectrum of IP rights, including one of the earliest cases in the UK dealing with infringement of Standard Essential Patents and FRAND licensing. Caitlin's particular area of expertise is multi-jurisdictional litigation, and she has considerable experience providing strategic counsel and coordination of international litigation strategy.

In the patent domain, Caitlin has acted on a number of high profile pharmaceutical and technology disputes across a range of technical areas including telecommunications, information security, mobile banking and ticketing, quantum computing, construction, medical devices, and biotech. Caitlin has represented clients in front of the General Court, Court of Appeal, High Court, IP Enterprise Court and UKIPO. She has led a number of patent disputes before the Courts including: Vringo v ZTE; Clearswift v Glasswall; Silence Therapeutics v Alnylam; Regen v Estar; Mobilize v Tesco; ML Accessories v Aurora; Mobile VPT v Monitise; Eco Coverage v UK Flood Barriers.
 
Caitlin has particular expertise advising clients on their IP strategy in respect of Standard Essential Patents and FRAND licensing disputes, and has acted on several standard essential patent disputes across a number of jurisdictions. Caitlin has co-authored a textbook chapter in “Intellectual Property in Electronics and Software” (published by Globe Law and Business in 2019), relating to standard setting, competition law and FRAND licensing in Europe.
 
She also has significant experience advising clients in the life sciences sector, where she has advised clients on product launch strategy and regulatory exclusivity, and has experience providing strategic advice to clients relating to decisions of, and complaints made to, regulatory bodies including the MHRA and EMA. 
 
On design and brand protection, Caitlin has acted for a number of household names. She has handled complex trade mark disputes in the High Court for Sky (Sky v Philex; Sky v Sky Insurance) and Nvidia (Nvidia v Hardware Labs), and design right disputes in the High Court and IP Enterprise Court for ML Accessories (GB Electrical v ML Accessories) and Decathlon (Berghaus v Decathlon). 

She also has significant expertise advising clients on rights in data, and acts for a number of clients in the betting and gaming industry on the enforcement and protection of database rights in betting data. 

Post-Brexit, Caitlin will continue to hold representation and audience rights before the EUIPO and the Court of Justice of the European Union. Caitlin is English and Irish qualified, and will operate her EU trade mark and design practice from our Polish office.

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Relevant experience

Patent litigation
  • Clearswift Limited in relation to the coordinated US/UK defence of patent.
  • Infringement proceedings brought by Glasswall IP in relation to technology underpinning electronic email security systems before the before the UK IPO, High Court and Court of Appeal.
  • A mobile handset manufacturer on various patent litigation and defensive strategies in Europe, including negotiating FRAND licences.
  • A standards development organisation in the field of cyber security on their FRAND policy and standard essential patent (SEP) strategy.
  • A distributor of tablet computers on its FRAND negotiation strategy in respect of SEPs.
  • ZTE in defending multi-jurisdictional proceedings for standard essential patent infringement brought by Vringo. Vringo sued ZTE on a total of 6 network infrastructure and mobile handset SEPs across two sets of proceedings in the UK. This matter involved conducting and coordinating patent litigation across 11 jurisdictions on complex issues relating to the technology, IP, FRAND terms and competition law relating to standards.
  • A leading supermarket on a patent infringement claim brought against it in the IP Enterprise Court in respect of technology relating to customer loyalty applications.
  • ML Accessories on a patent invalidity claim against Aurora Limited, relating to embedded light fittings. The claim formed part of a range of infringement, validity and entitlement disputes encompassing multiple parties, in jurisdictions in Europe and the Far East.
  • A company specialising in quantum computing on a patent ownership dispute.
  • An airline defending an allegation of patent infringement relating to its mobile ticketing technology.
  • A premier supplier of construction site welfare products on a patent infringement claim.
  • A broadcaster defending an allegation of patent infringement in respect of allegedly standard essential patents.
  • A mobile phone manufacturer maintain confidentiality of FRAND negotiations in an unrelated dispute settling FRAND licence terms.
  • A leading supplier of medical devices on patent litigation strategy in the UK and the Netherlands, including drafting pleadings for a claim in the IP Enterprise Court.
  • Estar Medical Limited responding to an Appeal of a patent infringement and revocation decision in respect of a patent for platelet enriched plasma. CMS is currently representing Estar before the Court of Appeal.
  • Silence Therapeutics on an infringement and SPC entitlement claim against Alnylam Inc and The Medicines Company in relation to an RNA interference product. This matter involved coordinated litigation in the UK, the Netherlands and Portugal.
  • A manufacturer and supplier of unlicensed medicines on its UK launch strategy and Greek injunction proceedings regarding a thyroid hormone product.
Regulatory litigation
  • A multinational pharmaceutical company on its General Court challenge to a regulatory exclusivity period as part of an early generic (hybrid) marketing authorisation application.
  • A pharmaceutical company in respect of a regulatory challenge to an MHRA decision regarding the supply of specials.
  • Defending a multinational pharmaceutical company on a challenge brought before the MHRA in respect of the marketing of certain products.
  • Several clients on compliance with the Tobacco Product Directive and regulatory requirements for e-cigarettes in the UK.
Trade mark litigation
  • A substantial High Court dispute, with 36 related EUIPO and UKIPO registry actions regarding use of the trade marks in respect of insurance services.
  • Nvidia Corporation on High Court and related EUIPO proceedings in respect of the validity and non-infringement of certain trade marks relevant to Nvidia’s core brands for graphics processing units.
  • Sky Plc on trade mark proceedings in the IP Enterprise Court in respect of the use of Sky’s trade marks on set top boxes.
Copyright, design right and database right litigation
  • A number of clients in the betting & gaming industry on the enforcement and protection of database rights in betting data.
  • A broadcaster on a long-running enforcement programme, including issued proceedings, to prevent products designed to circumvent conditional access technology.
  • Decathlon defending registered design right infringement proceedings brought in respect of walking boots.
  • ML Accessories on registered and unregistered design right infringement proceedings brought in respect of plug sockets and light switches.
  • Aleading supermarket chain on design right infringement risk, and providing clearance advice in respect of a number of potential new products.
  • Microsoft Corporation on a number of copyright infringement and anti-piracy claims.
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Memberships & Roles

  • AIPPI 
  • IPLA
  • ChIPs
  • EPLaw
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Publications

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Education

  • 2014 – Higher Courts (Civil Advocacy) Qualification, BPP Professional Education, London
  • 2012 – Postgraduate Diploma in Intellectual Property Law and Practice, Oxford University, Oxford
  • 2009 – Legal Practice Course (LPC), BPP Law School, London
  • 2007 – Bachelor of Laws (LLB), University of Essex, Colchester
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Feed

25/04/2024
No two (or more) ways about it: UK Patents Court highlights the importance...
Introduction  A recent judgment from the UK Patents Court serves as a helpful reminder that clarity and consistency of visual representations are essential, when filing for design registrations.In the...
22/12/2023
High Court dismisses summary judgment application in Getty Images v Stability...
The High Court has recently handed down judgment on Stability AI’s application for reverse summary judgment and strike out in the high-profile Getty Images v Stability AI litigation. Earlier this year...
23/11/2023
Patentability of AI inventions: High Court offers a helping hand (Emotional...
Is a deep learning AI system which recommends similar songs to its users patentable? Or is it a computer program ‘as such’ and therefore excluded under s.1(2)(c) Patents Act 1977? The High Court has...
09/10/2023
All shapes and sizes – ‘Elvie’ breast pump registered designs not infringed...
The High Court has handed down its judgment in a speedy trial in the case of Chiaro Technology Limited v Mayborn (UK) Limited. The court held that the defendant’s in-bra wearable breast pump did not...
21/07/2023
CMS International Patent Litigation Guide
Patented technology often ranks among a company's most valued as­sets. Pro­tect­ing your business from patent in­fringe­ment – or defending yourself against patent infringement claims of third parties – can be a complex and intensive process. CMS International Patent Litigation Guide (4th edition) is your essential tool to get an overview of the options and pathways to enforce patents in the courts of 18 major jurisdictions. Drawing on the expertise of CMS patent law specialists, this essential and fully-updated guide provides clear and concise coverage of patent infringement proceedings and practice. For each jurisdiction, you can quickly assess and compare critical issues such as:Standing - Who is entitled to sue for patent infringement, the number of parties that can be included in proceedings and time limits in which infringement claims must be boughtTiming and Forum – Where proceedings are brought, typical duration of trials and the handling of FRAND/compulsory licenses in court pro­ceed­ing­sEvid­ence – Use of expert witnesses, disclosure requirements and rules on seizure of evid­ence/doc­u­ment­s­Ap­peals – Routes, grounds and timings for appeal – and the potential interim enforcement of first instance de­cisionsCosts – Estimated legal costs, appeal costs and recoverability of litigation costsIn addition, the CMS International Patent Litigation Guide covers topics like Alternative Dispute Resolution, Remedies and Injunctions – and your CMS Patent Law team in each market. For dedicated information on the enforcement of European Patents before the Unified Patent Court please also visit our CMS UPC Insight  webpage.
28/06/2023
CMS Intellectual Property Webinar Series 2023
The CMS Intellectual Property team are pleased to invite you to our upcoming webinar series, taking place from February to July 2023. The series will span the full scope of CMS’s IP practice, including...
09/06/2023
EU Commission proposes a new licensing framework for standard essential...
The European Commission published on 27 April 2023 various proposals for legislative changes related to patents. One of these concerns the introduction of a new licensing framework for standard essential...
08/03/2023
Out with the old, in with the new? Procedural features of the Unified Patent...
In our previous article, we looked at the current European system of patent prosecution and enforcement and highlighted some of the key changes that will be coming with the new Unitary Patent and Unified...
22/02/2023
Out with the old, in with the new? Comparing the existing European Patent...
In this first of three articles, we compare the current European system of patent prosecution and enforcement with the new Unitary Patent and Unified Patent Court which will come into effect on 1 June...
04/11/2022
Arbitration of FRAND disputes
UK Court of Appeal gives strongest steer yet for settling FRAND disputes via arbitration Last week, the Court of Appeal handed down its judgement in Optis, in which it was asked to opine on the availability...
21/10/2022
New MHRA roadmap for Software and AI as a medical device
On 17 October 2022, the MHRA published a “roadmap” for its Software and AI as a Medical Device Change Programme. The roadmap The Change Programme was originally published in 2021, setting out a promise...
12/10/2022
MHRA extends European Commission Decision Reliance Procedure to 31 December...
On 30 September 2022, the Medicines and Healthcare products Regulatory Agency (MHRA) announced that the European Commission Decision Reliance Procedure (ECDRP) has been extended by 12 months to 31 December...