Robert Lundie Smith

Partner, Solicitor
London

Robert is qualified as a Barrister and Solicitor and practises as a Solicitor Advocate in EIP's litigation team. His practice focuses on contentious and non-contentious IP matters. Alongside his law degree, Robert has an MSci in chemistry and a PhD in chemistry/chemical physics, and before coming to law Robert was a research fellow at the University of Lund in Sweden.

Robert has extensive experience in advising in disputes (both High Court and Court of Appeal) relating to a wide range of IP issues and related contractual matters (including patents, SPCs, trademarks, copyright, designs and confidential information) and in a wide range of industries ranging from pharmaceutical/biotechnology to telecommunications, from consumer goods to the arts. Robert also has experience of proceedings before the Court of Justice of the European Union and regularly advises on matters that form part of wider, multi-national, disputes.

Experience

  • Optis v Apple. Acting for Optis in its enforcement of EP (UK) 2,229,744 against Apple (judgment awaited).
  • Optis v Apple. Acting for Optis in its successful enforcement of EP (UK) 1 230 818 against Apple.
  • Align Technologies v ClearCorrect. Acting for ClearCorrect in its defence against allegations of infringement of four of Align’s medical device patents. This was part of a long running global dispute between the parties which settled after the exchange of expert evidence in the UK proceedings.
  • Conversant v Apple. Acted for Conversant in its enforcement action against Apple under two of Conversant’s implementation patents (relating to display navigation and Bluetooth). The matter settled prior to the second technical trial.
  • Conversant v Huawei and ZTE. Acted for Conversant in its successful enforcement of two standard essential patents (EP (UK) 1 878 177 and EP (UK) 3 267 722) against Huawei and ZTE. (link)
  • Conversant v Huawei and ZTE. Acted for Conversant at first instance and before the Court of Appeal in Conversant’s successful resistance of Huawei and ZTE’s jurisdictional challenge against Conversant’s UK FRAND action.
  • Unwired Planet International Limited vs Huawei, Samsung and Google. Acted for Unwired Planet in its successful first instance enforcement of EP (UK) 2,229,744 against Samsung & Huawei and its success in upholding that decision before the Court of Appeal. (link)
  • Unwired Planet International Limited vs Huawei, Samsung and Google. Acted for Unwired Planet in its successful enforcement of EP (UK) 1 230 818 against Samsung & Huawei.
  • Unwired Planet International Limited vs Huawei, Samsung and Google. Acting for Unwired Planet in its enforcement of EP (UK) 0,989,712 against Google, Samsung & Huawei. This matter settled before trial.
  • Unwired Planet International Limited vs Huawei, Samsung and Google. Acted for Unwired Planet in its successful first instance enforcement of EP (UK) 2,229,744 against Samsung & Huawei. Currently acting for Unwired Planet in relation to the associated appeal proceedings. (link)
  • Unwired Planet International Limited vs Huawei, Samsung and Google. Acted for Unwired Planet in its successful first instance enforcement of EP (UK) 1 230 818 against Samsung & Huawei. Currently acting for Unwired Planet in relation to the associated appeal proceedings. (link)
  • Unwired Planet International Limited vs Huawei, Samsung and Google. Acting for Unwired Planet in its enforcement of EP (UK) 0,989,712 against Google, Samsung & Huawei.
  • {"uk":"Good Technology v MobileIron and AirWatch. Acted for Good Technology Inc. in patent proceedings before the High Court as part of multinational patent litigation in the field of mobile device management and security against MobileIron and AirWatch on successful settlement with AirWatch. "} (link)
  • Novartis AG & Anr -v- Johnson & Johnson Medical & Anr. Robert was part of the UK solicitor team before the High Court and senior associate in the solicitor team before the Court of Appeal, acting for Novartis in a multination patent dispute regarding extended wear contact lenses.
  • Kirin Amgen Inc. -v- Lietuvos Respublikos valstybinis patentu biuras. Robert was the senior associate in the solicitor team acting for Kirin Amgen before the Court of Justice of the European Union regarding supplementary protection certificates.
  • Porton Capital Technology Funds & Ors -v- 3M. Robert was part of the solicitor team representing Porton Capital in a contractual dispute relating to medical devices for diagnostic tests.
  • Vestergaard Frandsen v Bestnet Europe Ltd & Ors. Robert was instructed to act as junior counsel for Bestnet before the High Court in an action for breach of confidence concerning impregnated mosquito nets.
  • Armour Group PLc -v- Leisuretech Electronics Pty Ltd. Robert was instructed to act as junior counsel for Leisuretech in a patent dispute concerning home entertainment systems.
  • {"uk":"W L Gore & Associates GmbH v Geox SPA. A patent action concerning ‘breathable’ shoes. As a pupil barrister Robert worked on the High Court trial under Thomas Moody-Stuart (now QC) and Richard Meade QC. "} (link)
  • {"uk":"Whirlpool Corporation & Ors v Kenwood Ltd. A trademark and passing off action concerning the iconic KitchenAid mixer and Whirlpool’s associated trademarks (including a 3D mark). As a pupil barrister Robert worked on the High Court trial under Thomas Moody-Stuart (now QC) and James Mellor QC. "} (link)
  • {"uk":"Ancon Ltd v ACS Stainless Steel Fixings Ltd. A patent action concerning a channel assembly for use in the construction of high rise buildings, as a pupil barrister Robert worked on the High Court trial under James St. Ville and Daniel Alexander QC. "} (link)
  • H Lundbeck AS v Generics & others*. One of a series of enantiomer patent cases that Robert gained experience of during his pupillage, Robert was involved in the 2008 appeal proceedings under Michael Tappin QC. (link)
  • Autonomy Corporation Ltd v The Comptroller General of Patents. An appeal from the UKIPO concerning the computer program and presentation of information patentability exclusions (worked on during pupillage under Michael Tappin QC). (link)
  • {"uk":"Symbian Ltd v Comptroller General Of Patents. An appeal from the UKIPO concerning the computer program exclusion from patentability (worked on during pupillage under Charlotte May (now QC)) "} (link)
  • {"uk":"Murphy v Media Protection Services Ltd; The Football Association Premier League Ltd v QC Leisure & Ors. A well-known series of cases concerning copyright issues associated with the use of foreign satellite decoder boxes to access UK based satellite broadcasts. As a pupil barrister, Robert worked on the High Court copyright litigation for the FAPL (link) and appeal proceedings before the High Court for MPS (link) under Charlotte May (now QC) and James Mellor QC. "}
  • {"uk":"JHP Ltd v BBC Worldwide Ltd & Anor. A copyright action concerning Dr Who and the Darleks, as a pupil barrister Robert worked on the High Court trial under Charlotte May (now QC). "} (link)

Education and qualifications

  • 2005 — 2007
    Bachelor of Laws, College of Law, London
  • 2006 — 2007
    Bar Vocational Course, College of Law, London
  • 2005 — 2006
    Graduate Diploma in Law, College of Law, London
  • 1999 — 2003
    PhD Chemistry/Chemical Physics, King's College London
  • 1995 — 1999
    Chemistry - Master of Science (MSci), King's College London

Career history

  • 2014 — present
    Partner, EIP
  • 2012 — 2014
    Senior Associate , EIP
  • 2009 — 2012
    Associate, McDermott Will & Emery
  • 2008 — 2009
    IP Barrister, practicing out of 8 New Square, Lincoln’s Inn
  • 2007 — 2008
    Pupil Barrister, 8 New Square
  • 2003 — 2005
    European Union Marie Curie Postdoctoral Research Fellow, Department of Chemical Physics, University of Lund, Sweden
  • 1999 — 2003
    Demonstrator in Organic, Inorganic and Physical Chemistry , King’s College London

Additional information

  • Called to the Bar of England and Wales July 2007