Tommy McKenna

I regularly represent clients before the UK Courts (High Court, Court of Appeal and Intellectual Property and Enterprise Court (IPEC)) and have experience in UK Intellectual Property Office (UKIPO) and European Patent Office (EPO) proceedings.

Before switching to law, I completed a degree in Electronic Engineering. Due to this background, much of my work is focused on highly technical sectors.  Whilst I most frequently advise on and litigate patent disputes, I also specialise in disputes (typically of a technical nature) relating to copyright, designs, confidential information / trade secrets and database rights.  I also have experience in trade mark matters and advising clients on contractual disputes relating to technical subject matter. 

The cases I act on are often multi-jurisdictional and cover a wide variety of technologies and sectors, including media and technology, renewable energy, aerospace, medical devices, scientific instrumentation, household products, construction and financial services.

Examples of some of the reported cases that I have acted on include:

• Getty Images v Stability AI (currently acting for Getty Images in a claim for infringement of copyright and other rights against Stability AI relating to AI generated images)
• Illiquidx v Altana Wealth (confidential information / trade secrets and copyright dispute within the financial services sector)
• House of CB v Oh Polly (dispute relating to unregistered design infringement and passing off within the fashion industry)
• Wyeth (part of Pfizer) v GlaxoSmithKline (patent infringement and invalidity actions relating to Meningitis B vaccine)
• Cabo Concepts Ltd v MGA Entertainment (defending claims of unjustified threats of patent infringement proceedings with respect to toys)
• Icon Health & Fitness v Peloton (patent infringement and invalidity action concerning functions of the Bike+)
• Oculentis v Lenstec (patent infringement and invalidity action relating to intra-ocular lenses)
• OpenHydro v Rotech (patent invalidity action relating to underwater sea-turbines)
• Blue Gentian v Tristar Products (patent infringement and invalidity action concerning self-extending garden hoses)
• Kingspan Insulation Ltd v Xtratherm Ltd (patent infringement and invalidity action concerning insulating building materials)
• Boeing v Ark Data Centres (contractual dispute regarding the provision of services at data centre).
• Wagner v Earlex (patent infringement and invalidity action relating to air caps used in spray painting systems)
• Vestergaard Frandsen v Bestnet (confidential information dispute relating to insecticidal polyethylene mosquito nets)

I have a good understanding of the pressures, demands and priorities faced by in-house counsel, having spent time on secondment at MTV Networks Europe (a division of Viacom).

I am well known and connected within the IP community.  I have completed the University of Oxford Postgraduate Diploma in Intellectual Property Law and Practice and am regularly listed in legal directories.  My professional memberships include AIPPI and AIPLA.

Outside of work, I spend my time listening to punk music, following Liverpool Football Club and impressing on my young children the importance of The Clash.