Andrew Lomas

Andrew has advised and acted in copyright claims in respect of a range of subject matters (including user manuals, medical diagrams, architect’s drawings, and software as well as copyright in a database and sui generis database rights). His design rights experience includes a broad range of subject matter, including trains, fashion items, ice-cream vans, and microwavable plastic cups, with a particular focus on the law relating to surface decoration – in relation to both Community and UK registered and unregistered design rights.

• Distinctive Wholesale Ltd v Clayton Horsnell Ltd & Ors
  Instructed in IPEC proceedings successfully striking out entirety of additional claims based on economic torts (procurement of breach and unlawful means interference - judgment at [2018] EWHC 3742 (IPEC)).
• Online Intermediary Proceedings
  Advised on contemplated proceedings (with Sa’ad Hossain KC) against an online intermediary as to scope of relief available under s.97A of the Copyright Designs and Patents Act 1988 and availability of Norwich Pharmacal relief in context of foreign proceedings.
• Movie Megastores International Ltd v Shaboroz
  Instructed for the Defendant in relation a claim for infringement of copyright in a song (in IPEC). Successfully made an application to vacate the original trial date, drafted an amended defence, and appeared at the relisted trial where the claim was dismissed.
• Typographical Arrangement Claim
  Instructed (unled) for the Claimant designers in respect of a claim asserting copyright in a typographical arrangement.
• Advising in respect of registered and unregistered design rights in locomotive rolling stock.
• Provided pre-trial advice on merits for defendant in respect of UK registered and unregistered design rights on issues including secondary infringement (and the knowledge requirement relating to secondary infringement) and the defence of innocent infringement under s.24B of the Registered Designs Act 1949.
• Advising in respect of UK unregistered design rights for well-known homeware manufacturer.
• Advising in respect of a claim for infringement of artistic and literary copyright, passing off and breach of directors' duties.

Before coming to the Bar, Andrew was a research scientist at Oxford where he completed a doctorate in anti-cancer drug design and taught undergraduate organic chemistry. He then spent a year working in pharmaceutical M&A before deciding to become a barrister. As a result, Andrew is well-equipped to deal with a wide range of disputes relating to life sciences industry, including breaches of warranties under share purchase agreements, claims alleging breaches of collaboration, development, and other joint-venture agreements, claims for royalties and alleged breaches of licences, as well as claims with respect to validity / infringement of patents.

• Epsilogen v Abzena
  Instructed (unled) in claim for breach of contract for the manufacture and supply of therapeutic antibodies. Included issues as to the proper standard for gross negligence and quantifying loss of a chance claims.
• LCIA Proceedings
  Instructed (unled) for the Respondent in relation to a dispute concerning the termination of a license and distribution agreement.
• Breach of SPA Claim
  Instructed (unled) in claim for breaches of a share purchase agreement under which a life sciences business was acquired. Included allegations of wilful misconduct and misrepresentation.
• Breach of Supply Agreement Claim
  Instructed (led by Tom Smith KC) in a possible claim for breach of a supply agreement in context of an acquisition worth hundreds of millions of dollars.
• Gilead v Nucana
  Instructed (led by Tom Mitcheson KC and Piers Acland KC) in a matter related to a patent for novel nucleoside analogues. Questions as to plausibility (both as a matter of inventiveness and sufficiency) and added matter. Trial judgment at [2023] EWHC 611 (Pat).
• Scipharm v Moorfields Eye Hospital
  Instructed (as sole counsel) for the Defendant NHS Trust in a long running and hard fought claim alleging breach of a pharmaceutical development agreement. Involving questions as to contractual interpretation, expert evidence on standard industry practice, and causation / quantum of loss. 6 day trial, June 2021, judgment at [2023] EWHC 569 (Comm). Further argument as to proper measure of loss, judgment at [2024] EWHC 5 (Comm).
• Astex Pharmaceuticals v AstraZeneca AB
  Instructed (led by Charles Béar KC at first instance and Charles Hollander KC on appeal) on behalf of the Claimant in a multimillion dollar dispute about development of new Alzheimer’s drug. Trial judgment at [2017] EWHC 1442 (Ch), appeal judgment at [2018] EWCA Civ 2444.
• HKIAC Proceedings
  Instructed (unled) in Hong Kong International Arbitration Centre proceedings relating to a pharmaceutical patent licence and a multimillion dollar damages claim.
• Warner-Lambert v Sandoz & Ors
  Instructed (led by Geoffrey Hobbs KC) on behalf of Defendants in relation to an application to vary the terms of an interim injunction. Considered issues of proportionality and specificity of relief in respect of a full label marketing authorisation in circumstances where the invalidity of certain claims of the underlying patent had been upheld in the Court of Appeal after the grant of the original injunction. Judgment at [2016] EWHC 3317 (Pat).

Andrew has been instructed in respect of a range of patent matters.  He has litigated patents as varied as chemical formulations to machine gun bandoliers, and has advised on issues such as equivalence following Lily v Actavis, evidence of obviousness, and differentiating between making/repairing post- Schutz v Werit.

• Gilead v Nucana
  Instructed (led by Tom Mitcheson KC and Piers Acland KC) in a matter related to a patent for novel nucleoside analogues. Questions as to plausibility (both as a matter of inventiveness and sufficiency) and added matter. Trial judgment at [2023] EWHC 611 (Pat).
• Pharmaceutical Patent Licence
  Instructed to advise in relation to possible claims that could be brought in contract and tort following the sale of royalty rights accruing under a patent licence.
• HKIAC Proceedings
  Instructed in Hong Kong International Arbitration Centre proceedings relating to a pharmaceutical patent licence and a multimillion dollar damages claim.
• Excel-Eucan Ltd v Source Vagabond Systems Ltd
  Instructed on behalf of the Claimant in respect of a claim for breach of a patent licence (and infringement of the patent) relating to a machine gun bandolier. Successfully resisted transfer out of the Shorter Trials Scheme (judgment at [2018] EWHC 3864 (Ch)) and successful at trial (Trial judgment at [2019] EWHC 3175 (Pat)).
• Patent Revocation Proceedings
  Instructed on behalf of the proprietor of two patents in revocation proceedings in the UKIPO where there is a live question as to licensee estoppel in addition to allegations of lack of novelty and obviousness.
• Warner-Lambert v Sandoz & Ors
  Instructed (led by Geoffrey Hobbs KC) on behalf of Defendants in relation to an application to vary the terms of an interim injunction. Considered issues of proportionality and specificity of relief in respect of a full label marketing authorisation in circumstances where the invalidity of certain claims of the underlying patent had been upheld in the Court of Appeal after the grant of the original injunction.
• Biogen & Ors v AbbVie
  Assisted in relation to a claim for declaratory relief in respect of AbbVie's blockbuster anti-TNF drug Humira pending the launch of a biosimilar product.
• Genzyme v Mt Sinai
  Assisted in respect of an opposition to a process patent.
• Advising on whether certain acts constituted making or repairing post-Schutz v Werit.
• Advising in respect of small-arms patent licence.
• Advising in respect of a fine chemicals compound patent.
• Advised on the law as to the role and value of evidence of commercial success in obviousness cases.

Andrew has particular experience in trade marks and passing off and has experience of representing parties in the UK IPO and EUIPO in relation to opposition proceedings and invalidity proceedings, making requests to consolidate and stay proceedings, and providing advice in relation to the same on issues of law (including, inter alia, bad faith grounds under s.3(6) of the Trade Marks Act 1994) and fact. 

Further, Andrew assisted on a range of high-profile matters including Starbucks v Sky in the Supreme Court, the long-running Interflora ad-words litigation, and the judicial review of the government’s tobacco plain packaging regulations.

He is a visiting lecturer in post-graduate trade mark law at the Centre for Commercial Legal Studies at the University of London.

• Engineer.AI v Appy Pie
  Instructed for the defendants in a trade mark infringement claim relating to code-free app building services. Issues as to descriptive / generic signs, comparative advertising, and acquired distinctiveness. Trial judgment at [2024] EWHC 1430 (IPEC).
• Au Vodka v NE10 Vodka & Anor
  Instructed to resist an application for an interim injunction in respect of the alleged goodwill in the get-up of vodka bottles. Successfully resisted the application, struck out part of the Claimant’s case, and achieved an order for an expedited trial. Judgment at [2022] EWHC 2371 (Ch).
• Warren v Lidl & Ors
  Instructed on behalf of the Claimant butcher in a claim alleging passing off against the well-known discounter and copycat supermarket, Lidl. Appeared against silk at: (i) PTR, successfully resisting application under CPR rr.31.14 (judgment at [2021] EWHC 110 (Ch)); (ii) trial (judgment at [2021] EWHC 1097 (Ch)); and (iii) lengthy form of order hearing, involving questions as to the appropriateness of damages-based agreements to IP claims (judgment at [2021] EWHC 2372 (Ch)).
• Associated British Foods & Anor v Warburtons Ltd & Anor
  Instructed (led by Philip Roberts KC) on behalf of the Defendants in a claim alleging passing off.
• KITEMARK Trade Mark
  Instructed (led by Emma Himsworth KC) on behalf of the proprietor in UKIPO proceedings where multiple absolute grounds of invalidity were advanced on the basis that the mark in suit had previously been registered as a certification trade mark.
• Walton International Ltd & Anor v Verweij Fashion BV
  Instructed (led by Simon Malynicz KC) on behalf of the Claimants in a claim for trade mark infringement and passing off / counterclaim seeking revocation for non-use, invalidity on absolute and relative grounds, and passing off.
• Getrentr Ltd v Rentr Ltd
  Instructed on behalf of the Defendant in trade mark infringement proceedings
• Dreamboys London Ltd v Bargain Travel Bureau Ltd
  Instructed on behalf of the Claimant in trade mark infringement proceedings relating to, inter alia, entertainment services.
• Trade Mark Invalidity Proceedings
  Instructed (led by Emma Himsworth QC) on behalf of the proprietor of a trade mark in IPO proceedings alleging invalidity on absolute grounds.
• Firstfind Ltd & Ors v Edward Ashley-Carter & Ors
  Acting for the Claimants in a dispute as to the ownership of various rights in the CHINAWHITE nightclub brand including making applications for security for costs and summary judgment, the latter involving issues of assignments in gross and the extent of rights in unregistered trade marks following the judgment of the Supreme Court in Starbucks.
• DOUBLE HAPPINESS Trade Mark
  Instructed in UKIPO opposition proceedings on behalf of the applicant, N.V. Sumatra Tobacco Trading Co before the Hearing Officer and on appeal before the Appointed Person.
• Geox S.P.A v D Jacobson & Sons Ltd & Anor
  Instructed for the Claimant in relation in a High Court action for trade mark infringement and passing off.
• CHELSEA BEAUTIQUE Trade Mark
  Instructed as sole counsel in UKIPO opposition proceedings on behalf of the opponent, Chelsea FC.
• FibreFab Ltd & Ors v Optronics Plus Ltd & Ors
  Instructed in relation to an interim injunction application based on the scope of rights in passing off where the rights asserted adhered to signs that were alleged to be comprised of generic and/or descriptive words.
• Drafted Defence in relation to allegations of trade mark infringement and passing off made against an online rental platform.
• Successfully resisted transfer out of IPEC into High Court.
• EUIPO revocation proceedings.
• Advised on hallmarking requirements for fine jewellery.
• Advising in respect of domain names being used as instruments of deception.

• Engineer.AI v Appy Pie
  Instructed for the defendants in a claim relating to code-free app building services.
• Dr Liza Lovdahl Gormsen v Meta Platforms, Inc. and Others
  Acting for Meta (led by Tony Singla KC) in the £2bn+ collective proceedings concerning users data.
• Nikki Stopford v. Google
  Acting for the Claimant representative (led by Daniel Jowell KC and Colin West KC) in the £7.3bn collective claim against Google in relation to its search engine dominance. 
• DIFC Proceedings
  Instructed (unled) in relation to a claim for breach of joint venture agreement in respect of gaming software.
• For Claimants (led by Matthew Cook KC) in relation to a dispute involving proprietary technology.
• Royal Devon and Exeter NHS Foundation Trust v Atos IT Services UK Ltd
  Instructed as junior counsel (led by Zoe O’Sullivan KC) for the Defendant IT supplier in a dispute over the digitisation of NHS patient records. Court of Appeal judgment on a preliminary issue as to the proper construction of exclusion and limitation clauses at [2017] EWCA Civ 2196.

Before coming to the Bar Andrew worked in pharmaceutical M&A, with his practice having a particular focus on highly technical subject matter. He has been instructed in a range of technology, software, pharmaceuticals, and patents disputes, as well as a number of substantial competition matters.

Andrew has been recommended by the directories for competition, with the most recent (2025) editions stating that: “Andrew is really user friendly and commercial. He understands clients' priorities in their broader context and is extremely responsive and proactive in suggesting solutions.”

• Dr Liza Lovdahl Gormsen v Meta Platforms, Inc. and Others (Competition Appeal Tribunal)
  Acting for Meta (led by Tony Singla KC) in the £2bn+ collective proceedings concerning users data. Certification judgment at [2024] CAT 11.
• Nikki Stopford v. Google (Competition Appeal Tribunal)
  Acting for the Claimant representative (led by Daniel Jowell KC and Colin West KC) in the £7.3bn collective claim against Google alleging it has used its search engine dominance to shut out competition in mobile search. Certification judgment at [2024] CAT 67.
• The Secretary of State for Health and Social Care & Others v. Lundbeck Limited & Others (Competition Appeal Tribunal)
  Acting for Defendants (led by David Scannell KC) in a follow-on damages claim relating to “pay-for-delay” agreements and the supply of drugs to the NHS. Preliminary issue judgment concerning limitation at [2024] CAT 42.
• For Claimants (led by Matthew Cook KC) in relation to a competition dispute involving proprietary technology and alleged abuses of a dominant position.

Consistently listed by Lawdragon as one of the leading 500 global litigators, Andrew has acted in a range of arbitral proceedings conducted under institutional rules including LCIA, ICC and HKIAC, as well as in international courts / other jurisdictions.

• LCIA Proceedings
  Instructed (unled) for the Respondent in relation to a Life Sciences dispute concerning the termination of a license and distribution agreement.
• DIFC Proceedings
  Instructed (unled) in relation to a claim for breach of copyright licence / joint venture agreement in respect of gaming software.
• LCIA Proceedings
  Instructed (with Michael Sullivan KC) to advise in relation to prospective proceedings concerning royalty payments for pharmaceutical products.
• HKIAC Proceedings
  Instructed (unled) in Hong Kong International Arbitration Centre proceedings relating to a pharmaceutical patent licence and a multimillion dollar damages claim.
• MB & Services Ltd v UC Rusal Plc
  Advised on a US$1bn unlawful means conspiracy claim brought in Jersey relating to theft of trade secrets / patent infringement regarding means of effectively transporting alumina. Parallel actions in China, Ukraine, and Russia.

• Au Vodka v NE10 Vodka & Anor
  Instructed (unled) to resist an application for an interim injunction in respect of the alleged goodwill in the get-up of vodka bottles. Successfully resisted the application, struck out part of the Claimant’s case, and achieved an order for an expedited trial. Judgment at [2022] EWHC 2371 (Ch).
• Scipharm v Moorfields Eye Hospital
  Successfully applied for disclosure of solicitors’ attendance notes on the basis that privilege had been waived in their contents. Judgment at [2021] EWHC 2079 (Comm).
• Cole v Carpenters
  Successfully resisted (as sole counsel) an application (under old CPR 81) for permission to bring contempt proceedings on basis the application was premature. Questions as to waiver of Part 36 privilege and oppressive conduct. Judgment at [2020] EWHC 3155 (Ch).
• BTCS v Sokmen
  Instructed (led by Charles Graham KC) on behalf of the Claimants in respect of an urgent ex parte application for an interim injunction to restrain a former employee from further breaches of confidence. Involved interplay between statutory whistleblowing rights, data protection, and duties of confidence arising in contract and equity.
• Distinctive Wholesale Ltd v Clayton Horsnell Ltd & Ors
  Successfully struck out (as sole counsel) additional claims alleging procurement / inducement of a breach of contract and unlawful means interference, judgment at [2018] EWHC 3742 (IPEC).
• Warner-Lambert v Sandoz & Ors
  Instructed (led by Geoffrey Hobbs KC) on behalf of Defendants in relation to an application to vary the terms of an interim injunction. Considered issues of proportionality and specificity of relief in respect of a full label marketing authorisation in circumstances where the invalidity of certain claims of the underlying patent had been upheld in the Court of Appeal after the grant of the original injunction. Judgment at [2016] EWHC 3317 (Pat).
• El-Helw v TSB Banking Group PLC
  Instructed (as sole counsel) for the respondent bank, successfully resisting an application for a mandatory injunction seeking relief under, inter alia, the Data Protection Act 1998.
• FibreFab Ltd & Ors v Optronics Plus Ltd & Ors
  Instructed (as sole counsel) in relation to an interim injunction application based on the scope of rights in passing off.

Andrew also has experience advising in and assisting on IP related matters including: licensing and rights agreements; parallel importation (including the BMS conditions for repackaging); and the hallmarking requirements for precious metals.