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Portrait ofToby Sears

Toby Sears

Partner

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

Toby is a leading IP litigator, advising clients in the High-Tech and Life Science Sectors. Toby works on a wide range of contentious and non-contentious intellectual property matters, with a specialty in Patent Litigation. In more recent years, Toby has acted in many of the leading cases in the electronics, telecommunications and software sectors in the UK, including Standard Essential Patents (SEP) and FRAND litigation across all areas of technology. 

Much of Toby’s work involves cross-border disputes, with litigation often taking place in the UK in parallel with actions around the globe. Toby has run many high-profile litigation matters before the High Court, Court of Appeal and Supreme Court as well as international arbitration and mediation.

Toby also advises on software copyright disputes as well as licensing of IP rights. 

Toby joined CMS in 2022 after working at both Allen & Overy LLP and Bird & Bird LLP. 

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Relevant experience

  • Huawei v IP Bridge – Patent / FRAND litigation relating to mobile telephony technologies and licensing thereof.
  • Huawei v Conversant – Patent / FRAND litigation relating to mobile telephony technologies and licensing thereof.
  • IPCom v Vodafone – Acting for an interested party assisting Vodafone in defence of an action for patent infringement (action included Crown Use).
  • Major electronics manufacturer – advising in relation to potential assertion of DVB patents.
  • Major display manufacturer – Patent action relating to OLED display technology.
  • International Bank – advice in relation to contractual dispute / copyright infringement.
  • International Bank – advice in relation to software licensing dispute.
  • UK based software company – International arbitration in relation to contractual dispute / copyright infringement.
  • Eli Lilly v Teva – Patent action relating to the drug Galcanezumab for preventing migraine.
  • Aspirate N Go v NGPOD - Patent entitlement dispute relating to advanced aspiration devices (including LED technologies).
  • Husqvarna v Positec - Patent action relating to synchronisation of signalling systems.
  • Actavis v Eli Lilly – Patent action concerning the drug tadalafil and appeal to the CoA.
  • Actavis v Pharmacia – Patent action concerning the drug pramipexole.
  • Nestec v Dualit – Patent action relating to Nespresso coffee machines.
  • HTC v Nokia – Multiple patent actions covering a range of telecoms technologies and handset implementations.
  • Air Canada v Virgin Atlantic – Patent action relating to aircraft seating.
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Memberships & Roles

  • AIPPI
  • IPSoc
  • SRA
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Lectures list

  • Oxfirst IP and Competition Forum – The Future of FRAND
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Education

  • 2015 - Postgraduate Diploma in Intellectual Property Law and Practice, Oxford University 
  • 2011 - Legal Practice Course, Kaplan Law School 
  • 2010 - Graduate Diploma in Law, Kaplan Law School 
  • 2008 - 1st Class Bsc in Pharmacology 
  • 2008 - Awarded Robin Hoult Prize for the Best Overall Final Year Pharmacology Bsc Student, Merck Sharp and Dohme Prize for the Best Neuropharmacology Student, Eli Lilly Prize for Best Cellular Pharmacology Student, Pfizer Global R&D Prize for Best Practical Skills in Pharmacology, King’s College London. 
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Feed

01/02/2024
Early days of the UPC - key issues and take-aways
 
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...
16/11/2023
CMS and IPDefine Announce Global Patent Initiative
International law firm CMS, in collaboration with patent AI specialist IPDefine Ltd., have developed a cutting-edge turnkey solution which is poised to make intellectual property monetisation more accessible...
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...
18/05/2023
In View: The Unified Patents Court and the Unitary Patent – are you ready?
CMS are delighted to invite you to the next instalment of our Life Sciences & Healthcare update webinar, where experts from across the firm will discuss key industry topics impacting, innovating and disrupting...
20/03/2023
Out with the old, in with the new? Considerations for patentees in opting...
So far in this series of blog posts, we began with an article that highlighted some of the key changes between the current European system of patent prosecution and enforcement and the new Unitary Patent...
17/03/2023
InterDigital v Lenovo – High Court sets global FRAND licence terms
The UK High Court has handed down its decision in the FRAND trial of the InterDigital v Lenovo litigation. It concerned InterDigital, an American company holding patents relevant to 3G, 4G and 5G technology...
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...
26/01/2023
The importance of the inventive concept: Teva invalidates two Novartis...
In a recent High Court decision, HHJ Hacon made clear that the inventive concept of a patent (for the purposes of both validity and infringement) cannot be stretched to constitute a concept outside that...