Daryl Penny

Partner

+44 (0)118 956 5900

The Anchorage
34 Bridge Street
Reading
RG1 2LU

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 2023 and 2021 edition of the IAM Patent 1000 guide, based on feedback from my peers and clients.

“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.”

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.

Qualifications

  • European Patent Attorney
  • Chartered Patent Attorney
  • Certificate in Intellectual Property Law, Queen Mary College, the University of London
  • Intellectual Property Litigation Certificate
  • MPhys, Physics, the University of Oxford

Testimonials and recognitions

  • Recommended individual, IAM Patent 1000, 2023
  • Recommended individual, JUVE, 2023, 2022
  • Recommended individual, IAM Patent 1000, 2021

Sectors

Aerospace and automotive

  • Aeronautics and unmanned aerial vehicles
  • Automotive and autonomous vehicles
  • Defence and security
  • Spacetech and satellites
  • Transport and logistics

Communications and networks

  • Cloud computing
  • Internet of things (IOT)
  • Wired and wireless networks

Computing and software

  • Communications and networks
  • Multimedia, audio/video processing and animation
  • Natural language processing
  • Software applications and systems, mobile applications, user interfaces

Consumer goods and retail

  • Food and drink
  • Nutrition

Electronics and electrical devices

  • Medical devices
  • Optics
  • Scientific instruments
  • Testing systems, control systems, signal processing
  • Wearable tech and human interfaces

Pharmaceuticals

  • Diagnostics
  • Drug delivery

Industrial manufacture and processing

  • Additive manufacturing
  • Composite materials
  • Packaging

Medical devices and diagnostics

  • Diagnostic instruments
  • Drug delivery
  • Medical devices and delivery systems
  • Medtech

Memberships

  • CIPA
  • EPI
  • Institute of Physics