Sam Triggs

As a Senior Associate in our Intellectual Property Group in London, I act on a wide range of intellectual property matters across the life sciences, media, and technology & communications sectors.

I am an experienced IP litigator, with expertise in safeguarding and enforcing a range of intellectual property assets, including both patents and copyright.

My patent litigation record in the High Court spans a number of sectors and includes advising a client in its successful defence against a claim from a competitor for infringement of three CPAP-related patents (Resmed v FPH) and, later, the same client's successful claim for infringement of a patent for ventilator circuit technology (FPH v Flexicare). I have also advised on a successful claim for infringement in a FRAND technical trial relating to UMTS (3G) functionality (InterDigital v Lenovo). More recently, I have acted in extensive, multi-trial patent proceedings relating to numerous aspects of continuous glucose monitoring (CGM) systems, encompassing electronics, systems architecture and networking, materials science, and medical device design (Dexcom v Abbott). Recent patent advisory work has encompassed a number of software-related matters: this transactional and/or pre-litigation work has involved 'traditional' and AI-assisted real-time image processing for live broadcast, and generative AI-assisted networking and database optimisation.

My recent copyright experience includes advising Stability AI on the high-profile litigation with Getty Images in relation to its 'Stable Diffusion' generative AI model. Other key copyright-related work has included assisting a major publisher in investigating potential employee infringement of the copyright in third-party-owned and business-critical publishing software: there, I assisted the business in conducting its internal investigation, including employee interviews, and developing best practices for future work.

Through two long secondments, I have advised clients on designing and implementing transformative projects for their businesses. The benefit of that experience is an insight into the competing demands that businesses and in-house counsel face, and this is reflected in my client-centric approach to delivering advice.

• Advising a national government, where I advised representatives from its regulatory agencies and a publicly-owned company in relation to patent-related aspects of international law, identified areas of non-compliance, and presented opportunities for modernisation and improvement.
• Advising ARM in its acquisition of Simulity, an eSIM and IoT security firm, providing intellectual property support to Bird & Bird's Corporate team across a range of matters, including patent and trade mark portfolios, employment contracts, and commercial agreements.
• Advising an innovative pharmaceutical client, maintaining responsibility for coordinating its day-to-day European patent enforcement activities, working with Bird & Bird and other law firms across the continent to ensure third parties comply with its IP rights, and providing regular, comprehensive reports on activity.
• Advising an electronics importer who was alleged by a European national regulator to have imported faulty goods. We were able to show that the allegations were based on incorrect testing procedures and that the goods were in fact compliant, avoiding the loss of hundreds of safe units.

• Fisher & Paykel Healthcare Ltd & Anor v ResMed Ltd & Anor [2017] EWHC 2748 (Ch), acting for the Claimants in a successful action to revoke three patents.
• Acting for a pharmaceutical innovator in a patent infringement action in the High Court against a generics pharmaceutical company, resulting in a settlement in which the patent was maintained as valid and licensing terms were agreed.
• Fisher & Paykel Healthcare Ltd v Flexicare Medical Lt & Anor [2020] EWHC 3282 (Pat), acting for the Claimant in a successful patent infringement action.
• Interdigital Technology Corporation & Ors v Lenovo Group Ltd [2023] EWHC 172 (Pat), acting for the Claimants in a successful patent infringement action as part of a wider FRAND dispute.
• Abbott Diabetes Care, Inc. & Ors v Dexcom, Inc. & Ors [2024] EWHC 1664 (Pat), acting for the Defendants in a successful defence to a patent infringement action (patent held to be valid and uninfringed).
• Acting for Dexcom, Inc. in its patent infringement action against Abbott Diabetes Care, Inc. & Ors, which settled shortly before trial with the patent maintained as valid.
• Getty Images (US), Inc. & Ors v Stability AI Ltd, acting for the Defendant in this ongoing AI-related copyright, trade mark, and database rights dispute.