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Daryl Penny

Partner

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Memberships
  • CIPA
  • EPI
  • Institute of Physics
Qualifications
  • Registered UPC Representative
  • European Patent Attorney
  • Chartered Patent Attorney
  • Certificate in Intellectual Property Law, Queen Mary University of London
  • Intellectual Property Litigation Certificate
  • MPhys Physics, University of Oxford

I am a Partner with significant experience in contentious Opposition and Appeal proceedings at the European Patent Office (EPO), in particular in the medical device and aerospace fields.

I thrive on the challenge of arguing cases before the EPO. Presenting technical and legal arguments and reacting to counterarguments in real time really makes me tick.

I have been fortunate to have worked on many high-value cases over the last few decades. My opposition practice includes collaborating with litigation teams on counterpart infringement and validity proceedings, in particular in the UK, Germany and the US. Working together with international teams to develop strategies and arguments and to ensure a global understanding of clients’ goals is a real highlight.

The opening of the Unified Patent Court (UPC) brings with it new possibilities for clients and I am looking forward to the new challenges the UPC will offer.

I have a background in physics and have well over 20 years’ experience in patent drafting and prosecution across a wide range of technical fields, including medical devices, the aerospace industry, scientific instruments, optics, telecommunications, business methods and technology solutions.

I have a particular specialism with medical devices, having worked extensively in this area; in particular, with continuous glucose monitoring devices for diabetes management, heart valve repair and replacement, cardiac pacemakers and heart-mapping devices. Working on medical device technology and seeing it out in the real world, hearing from people that it has changed their lives for the better, really drives me. It is rewarding to feel part of something which is making a difference and making the world a better place.

At Boult, we all strive to produce the best work we can. I feel honoured to be named as a Recommended Individual in the JUVE patent ranking for 2024, 2023 and 2022 as well as in the 2024,  2023 and 2021 edition of the IAM Patent 1000 guide, based on feedback from my peers and clients.

Recent experience

Successful opposition appeal hearing as opponent, upholding the first-instance decision to revoke the patent, relating to heart valve replacement devices.

Successful opposition hearing as opponent, having the patent revoked, relating to blood pumping devices.

Successful opposition hearing as opponent, having the patent revoked, relating to leadless cardiac pacemakers.

Testimonials and recognitions
  • Recommended individual, Who’s Who Legal, 2024
  • Recommended individual, JUVE, 2024, 2023, 2022
  • Recommended individual, IAM Patent 1000, 2024, 2023, 2021
Publications
  • N/a
Relevant Search Terms
Recommended Sites
Suggested Media
Recognitions
Additional Info
Languages
“I thrive on the challenge of arguing cases before the EPO. Presenting technical and legal arguments and reacting to counterarguments in real time really makes me tick.”
Sector Experience
Aerospace
  • Commercial aviation
  • Defence and security
  • Space and satellites
  • Unmanned aerial vehicles
Communications and networks
  • Cloud computing
  • Internet of things (IOT)
  • Wired and wireless networks
Computing and software
  • Communications and networks
  • Fintech and adtech
  • Natural language processing
  • Software applications and systems, mobile applications, user interfaces
Electronics and electrical devices
  • Medical devices
  • Optics
  • Scientific instruments
  • Wearable tech and human interfaces
Energy and green technologies
  • Fuel cells and battery technology
  • Renewables and recycling
Industrial manufacturing and processing
  • Packaging
  • Additive manufacturing
Medical devices and diagnostics 
  • Devices
  • Diagnostic instruments
  • Digital health
  • Drug delivery
  • Medtech
Pharmaceuticals
  • Diagnostics
  • Drug delivery

I am a Partner with significant experience in contentious Opposition and Appeal proceedings at the European Patent Office (EPO), in particular in the medical device and aerospace fields.

I thrive on the challenge of arguing cases before the EPO. Presenting technical and legal arguments and reacting to counterarguments in real time really makes me tick.

I have been fortunate to have worked on many high-value cases over the last few decades. My opposition practice includes collaborating with litigation teams on counterpart infringement and validity proceedings, in particular in the UK, Germany and the US. Working together with international teams to develop strategies and arguments and to ensure a global understanding of clients’ goals is a real highlight.

The opening of the Unified Patent Court (UPC) brings with it new possibilities for clients and I am looking forward to the new challenges the UPC will offer.

I have a background in physics and have well over 20 years’ experience in patent drafting and prosecution across a wide range of technical fields, including medical devices, the aerospace industry, scientific instruments, optics, telecommunications, business methods and technology solutions.

I have a particular specialism with medical devices, having worked extensively in this area; in particular, with continuous glucose monitoring devices for diabetes management, heart valve repair and replacement, cardiac pacemakers and heart-mapping devices. Working on medical device technology and seeing it out in the real world, hearing from people that it has changed their lives for the better, really drives me. It is rewarding to feel part of something which is making a difference and making the world a better place.

At Boult, we all strive to produce the best work we can. I feel honoured to be named as a Recommended Individual in the JUVE patent ranking for 2024, 2023 and 2022 as well as in the 2024,  2023 and 2021 edition of the IAM Patent 1000 guide, based on feedback from my peers and clients.

Recent experience

Successful opposition appeal hearing as opponent, upholding the first-instance decision to revoke the patent, relating to heart valve replacement devices.

Successful opposition hearing as opponent, having the patent revoked, relating to blood pumping devices.

Successful opposition hearing as opponent, having the patent revoked, relating to leadless cardiac pacemakers.

Testimonials and recognitions
  • Recommended individual, Who’s Who Legal, 2024
  • Recommended individual, JUVE, 2024, 2023, 2022
  • Recommended individual, IAM Patent 1000, 2024, 2023, 2021
Publications
  • N/a
Relevant Search Terms
Recommended Sites
Suggested Media
Recognitions
Additional Info

Insights

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UPC

Successes at the UPC

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Bulletin

Decision of the Enlarged Board of Appeal in G4/19.

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INSIGHTS