Marcus Riby-Smith
Managing Associate
Europe
London
Marcus is an intellectual property lawyer at Marks & Clerk Law who advises clients on a wide range of IP rights, with a focus on patent litigation in the life sciences sector.
Before moving into law, Marcus worked for five years in pharmaceutical market research, developing and managing national and international projects in various medical fields. This experience, combined with Marcus’ biotechnology and genetics background, allows him to quickly grasp the key technical and commercial issue of disputes and transactions seen in science-based industries.
Marcus trained and qualified as a solicitor at a leading international law firm and joined Marks & Clerk Law in September 2016. Outside work, Marcus’ interests include rugby, global politics, geocaching and cooking (much to his family’s delight).
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Key Cases
- Regeneron v Kymab Limited & Novo Nordisk (High Court)
- Blue Bio v Secretary of State for Health (High Court)
- International Stem Cell v Comptroller General of Patents (CJEU)
- Unwired Planet v Huawei (High Court)
- Fujifilm Kyowa Kirin Biologics v AbbVie (High Court & Court of Appeal)
- Chugai v UCB (High Court)
- Pfizer v Roche (High Court)
- Teva & Regeneron v Pfizer (High Court)
- Pfizer v GSK & ID Biomedical (High Court)
Experience
- Patent and regulatory disputes: Marcus has acted for clients across the electronics, telecommunications, pharmaceutical and biotechnology sectors; including litigation before the High Court and the Court of Appeal. He also has experience in the co-ordination of multi-jurisdictional IP matters involving IP specialists across the world, and protecting pharmaceutical clients’ data and marketing exclusivity rights across European markets.
- Brand protection and designs: Marcus has advised on contentious matters relating to trade mark, copyright and designs infringement and passing off; predominantly at the pre-action stage, assisting rights holders and alleged infringers in resolving disputes early.
- Commercial IP: Marcus has assisted clients across a broad range of sectors in monetising their IP assets by means of assignments and licensing agreements, the negotiation of new terms with existing commercial partners, and addressing the IP elements of outsourcing agreements.
Marcus Riby-Smith works in the following sectors
Electronics
Biotechnology
Mechanical Engineering
Pharmaceutical
Telecommunications
Specialist in
Qualifications
Postgraduate Diploma in Intellectual Property Law and Practice, University of Oxford (2018)
Qualified as a Solicitor in England & Wales (2015)
Legal Practice Course, University of Law, Guildford (2013)
LLB Law, Birkbeck, University of London (2011)
BSc(Hons) Biotechnology, University of Pretoria, South Africa (2007)
BSc Genetics, University of Pretoria, South Africa (2006)
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Latest articles by Marcus Riby-Smith
National proceedings initiated before the transition period - The UPC interprets its relationship with national courts
On 2 May 2024, the Paris Central Division of the UPC issued a decision concerning the jurisdiction and the applicability of the Brussels I Regulation (recast) in the context of a patent revocation action brought before the UPC. In the ongoing revocation action brought by Nokia Technology GmbH against Mala Technologies Ltd., a preliminary objection filed by Mala Technologies required the UPC to examine its relationship with the national courts of member states.
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What makes a good intellectual property solicitor?
A vital value of most UT Companies is their IP in terms of patents, trademarks etc. Sometimes the IP comes under attack from competitors or other companies, which is where an Intellectual Property Solicitor comes in. But how do they work, and what is the difference between a Property Solicitor and a Patent Attorney?
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Neurim again! Final Injunctions - to stay or not to stay, that was the question
In a recent decision the Court of Appeal has ordered a final injunction stayed pending the outcome of an appeal. In doing so it has provided insight into the factors that may be considered when determining whether damages may adequately compensate the party that prevails on appeal.
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