Rory Clarke

Partner Intellectual Property
Kirkland & Ellis International LLP

London +44 20 7953 2720

Rory Clarke

Overview

Rory Clarke is a partner in the Intellectual Property Litigation Practice Group in the London office of Kirkland & Ellis International LLP. He has a broad range of technology patent litigation experience, including extensive involvement in complex global SEP/FRAND disputes on behalf of leading players in the global telecommunications industry.

Rory is frequently involved in the wider strategic aspects of intellectual property litigation. He has significant experience acting as coordinating counsel for multijurisdictional matters, assisting clients to develop and implement their patent litigation strategies. He has also taken leading roles in settlement/licensing negotiations.

Recent cases include Sisvel and Mitsubishi v Xiaomi and others, InterDigital v Lenovo, and Philips v TCL. Each of these cases involve novel aspects of law, allowing Rory to further develop his experience at the cutting edge of SEP/FRAND litigation. The types of technology involved in Rory’s cases include mobile telephones (CDMA 2000, UMTS and LTE), other radio systems (such as DMR and TETRA) and robotics.

Since joining Kirkland, Rory has worked on the following matters:

  • Sisvel and Mitsubishi v Xiaomi (ranked in The Lawyer’s ‘Top 20 Cases to Watch’ for 2020) — Representing Xiaomi, in an infringement action concerning multiple patents belonging a patent pool and said to be essential to the LTE telecommunications standard. The case involves technical consideration of the validity, essentiality and infringement of the patents in suit, as well as determination of the appropriate FRAND licence for any patents found to be valid, essential and infringed.
  • InterDigital v Lenovo — Representing Lenovo in a five patent action before the English High Court, involving allegations of infringement of alleged standard essential patents (UMTS and LTE) and a request for a FRAND licensing determination. This UK litigation is part of a wider global dispute between the parties.
  • Philips v TCL — Representing TCL in proceedings concerning allegations of infringement of two patents previously deemed valid and essential to the UMTS standard by the English Court. The matter concerns issues of infringement and FRAND licensing, including the appropriate jurisdiction to determine any such licence.
  • Providing strategic advice to an international mobile telecommunications company in relation to a multi-jurisdiction dispute concerning antenna technology for mobile devices.  

Prior to joining Kirkland, Rory worked on the following matters:

  • Represented a British medical device manufacturer in a UK High Court action. Defended the patent invalidity action brought against the client, and successfully counterclaimed for infringement of the client’s patents, registered community designs and UK unregistered design rights.
  • Represented a US innovator life science company in UK High Court proceedings concerning the validity and infringement of a polymorph patent protecting the active pharmaceutical ingredient of its blockbuster cancer drug.
  • Represented a global pharmaceutical company in multi-jurisdiction enforcement of the patent portfolio protecting its key oncology product. This included advising on its litigation strategy in jurisdictions within and external to the EU, as well as its approach to settlement where appropriate.
  • Represented an international pharmaceutical company in coordinating the pan-European enforcement of its patent portfolio protecting an innovative immunomodulatory drug.
  • Represented a software designer in a dispute with his former business partners concerning the ownership of copyright in a bespoke computer program. Provided strategic advice and achieved a favourable pre-action resolution for the client.
  • Represented a US company in High Court litigation concerning the infringement of its UK patents protecting one of the firm’s key orthodontic products. 

Carpmaels & Ransford LLP

  • Associate (2017–2019)

British Army

  • Commissioned Officer, Army Legal Services (2013–2017)
  • Commissioned Officer, Royal Engineers (1999–2013)

More

Thought Leadership

Seminars

Speaker, “The Role of Injunctions in the European Union”, ACT Webinar, September 2020

Speaker, “Unwired Planet v Huawei; Conversant v Huawei and ZTE - Insights on the UK Supreme Court Decision”, OxFirst Webinar, September 2020

Speaker, “Essentiality Checks & Patent Validity,” OxFirst Intellectual Property and Competition Forum, Brussels, February 2020 

Publications

Moot Problem Author for the Oxford University Press/Inns of Court College of Advocacy National Mooting Competition

Co-Author with Rosalind Earis, Criminal Litigation, Evidence and Sentencing, 2014

Memberships & Affiliations

The General Council of the Bar

The Honourable Society of the Middle Temple

International Association for the Protection of Intellectual Property (AIPPI)

The Society for Junior Intellectual Property Practitioners (IPSoc)

Credentials

Admissions & Qualifications

  • 2013, Admitted to practice as a Barrister of England and Wales

Languages

  • English
  • French

Education

  • University of OxfordPostgraduate Diploma in Intellectual Property Law and Practice2019
  • Kaplan Law SchoolBar Professional Training Course2012
  • City Law SchoolGraduate Diploma in Law2011
  • University of OxfordM.Eng., Engineering Science2004