Marcus is an experienced 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 biotechnology and pharmaceutical sectors. Over recent years, Marcus has represented a range of clients in multi-jurisdictional and technically complex disputes in the English Courts and the UPC Local and Central Divisions, often working with legal teams across Europe and North America to co-ordinate litigation strategies.

Marcus also has experience in representing clients in settlement negotiations and has assisted clients in resolving disputes on terms both pre-litigation and pre-trial.

In addition to from his contentious work, Marcus has assisted various clients (ranging from startups to established multinational entities) across a variety of sectors in developing, acquiring and/or monetising IP assets. In this regard, Marcus has experience in advising on, negotiating and drafting a broad range of commercial agreements.

On the regulatory front, Marcus has advised on compliance with clinical trials legislation and pharmaceutical data and marketing exclusivity, as well as freedom of information and data protection matters.

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, hiking, gaming and cooking. 

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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)
• Pfizer v GSK (UPC, Milan Central Division)
• GSK v Pfizer (UPC, Düsseldorf Local Division)

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