Open navigation
Search
Search

Select your region

Languages
  • English
Social media

Tom Carver is a partner in CMS’s “Band-One” ranked IP team – one of the largest dedicated IP teams of any law firm. Tom is comfortable advising on a broad range of contentious and non-contentious issues in intellectual property, having spent 20 years working in a variety of IP roles. He was Chief Representative Officer for a large multinational law firm’s office in China, head of litigation in a Band 1 ranked London patent and trade mark filing firm, and head of intellectual property at a boutique corporate firm in Oxford.

Tom’s lead skill is contentious patent work and in that area he has worked on cases involving technologies from anti-sense DNA technology to combinatorial weighing machines, and from video-on-demand systems to mosquito traps. He has advised on interim injunctions, Norwich Pharmacal orders and threats provisions as well as areas such as second medical use claims, Supplementary Protection Certificates and ‘bread and butter’ validity and infringement issues.

Many of the matters in which he has been involved have an international aspect and Tom has experience in co-ordinating and managing litigation in multiple jurisdictions, as well as serving High Court claims in jurisdictions as diverse as India and Argentina. 

Tom lived in China for three years, where he managed intellectual property enforcement for Western clients. He is named as an expert by the China IPR SME Helpdesk and his experience includes patent (design, utility and invention), trade secret, trade mark and copyright litigation as well as non-judicial IPR enforcement at trade fairs, online and by Customs seizures against companies in provinces across China. He was invited to present to the Intellectual Property Tribunal of the Supreme People’s Court of China together with Mr Justice Birss (as he was then) on the topic of interim injunctions.

He is listed as a Patent Star and a Trade Mark Star in the Managing Intellectual Property (MIP) IP Stars Handbook, and is recommended by IAM Patent 1000.  He sits on the Advisory Council for the Centre for Commercial Law Studies, Queen Mary University of London, and the editorial board for Landslide (the American Bar Association IP Section’s magazine). 

On a personal note, before joining CMS, Tom spent a year sailing from France to Tangiers and back with his family (children aged 7 and 8 at the time), while working remotely from his boat.

Awards & Recognitions
01
  • Quote
    “Known for being “calm and sensible in disputes. His assured and confident advice consistently puts clients at ease.” He handles complex, high-value litigation with a deft touch.”
    IAM Patent 100

Relevant experience

  • Martin and others v Bodegas San Huberto and others – established the principle that an artist can succeed in an action for passing off of their distinctive style.*
  • GFS Flex v Brymec – successfully settled interim injunction action in relation to passing off by way of the get-up of a product, rather than the name.*
  • Conor Medsystems v Angiotech – the leading House of Lords case on the law of obviousness.*
  • Eli Lilly and Company v Human Genome Sciences - the leading UK case on capability of industrial application, and the first case in England relating to patents claiming DNA sequences.*
  • Dr Reddy Laboratories v Eli Lilly and Company – the leading case on the law of selection patents.
  • Eli Lilly and Company v Trident and v Neolab – an interesting case which resulted in an unusual and draconian court order for disclosure of the details (customer names and quantities sold) of sales already made (a Norwich Pharmacal Order).*
  • lntervet (UK) Ltd v Merial – a successful action relating to sub-unit vaccines.*
  • Monsanto Technology LLC v Cargill International – the first case in England concerning patents for genetically modified plants. *

*Prior to joining CMS.

Publications

Other publications include:

  • China Intellectual Property
  • IP World
  • IPKat blog
  • Patents in Europe
  • World Intellectual Property Report
  • Pharmaceutical Patent Analyst
  • Bloomberg BNA
  • Financier Worldwide
  • Managing Intellectual Property
  • Patent World

Memberships & Roles

  • American Bar Association, Landslide editorial board.
  • Queen Mary University of London, Centre for Commercial Law Studies Advisory Council.

Lectures list

  • CIPA Life Sciences Conference
  • ABA Section of Intellectual Property Law 
  • China Patent Annual Conference
  • Danish Patent Attorney Association
  • C5 Life Sciences IP Summit
  • Falconbury
  • AIPPI (Japan)
  • Queen Mary University of London, intellectual property module

Education

  • 2006 – Diploma in Intellectual Property Law, Bristol.
  • 1999 - BSc Genetics, University of Nottingham, Nottingham.

Insights by Tom

Back to top Back to top
You will now find all Law-Now content on CMS.law