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Marcus Riby-Smith

Managing Associate

Europe
London

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+44 20 7420 0250 mriby-smith@marks-clerk.com
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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 & Samsung (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)

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

What makes a good IP solicitor?
Article
- 15 August 2022

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?
Read more
Header image: Laboratory with microscope and test tubes
Article
- 08 April 2022

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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Article
- 30 March 2022

How not to prepare witness evidence: a cautionary tale

In a recently published decision in Greencastle MM LLP v Payne and Ors, the High Court has struck out a large portion of a party’s witness evidence for non-compliance with Practice Direction 57AC.
Read more