Benjamin Thomas
Associate Director, UK
Ben is an experienced patent litigator, with a particular interest in pharma/biotech cases, based on a strong technical background in the life sciences. He has experience of both UK litigation and cross-jurisdictional coordination of complex patent/SPC actions.
Over recent years, Ben's experience has included patent and SPC litigation relating to patents for blockbuster antibody drugs, product manufacturing and formulation, orphan drugs and HIV treatments. He has particular experience in coordinating complex, multi-jurisdictional actions.
Ben has frequently advised on SPC issues, including validity and the application of the SPC waiver, and exceptions to patent infringement such as the Bolar and research exemptions. He has also advised on Unified Patent Court strategies, and previously served as an assistant to the committee that drafted the UPC's Rules of Procedure.
Ben has a degree and PhD in biochemistry, and subsequently obtained distinctions in the Graduate Diploma in Law, the Legal Practice Course and the Postgraduate Diploma in IP Law and Practice. Before converting to law, Ben worked for 18 months at the National Institute for Health and Clinical Excellence (NICE, now the National Institute for Health and Care Excellence) as a technical writer, assisting in the preparation of technology appraisals and clinical guidelines.
Ben joined Osborne Clarke in 2025 from a leading international IP practice.
Benjamin Thomas is a rising star with a wide area of expertise, especially on patents and SPC.
Helping you succeed in tomorrow's world
I am passionate about (and geekily interested in) the life sciences and medicine, and have a deep interest in the pharma and biotech industry. Both my degree and PhD were in the life sciences, and my work before converting to law focussed on pharma and biotech. I am interested in the interface between science and law, and have worked to encourage more STEM graduates to consider careers in law.
I am committed to diversity in the legal sector, and keen to encourage wider participation in legal careers. I am a member of IP Out, and was a co-chair of the LGBT+ network at my previous firm. At Osborne Clarke, I am a member of OC Pride.
UCB
Acted for UCB in patent revocation and infringement proceedings against Genentech relating to UCB's anti-IL17A/F antibody bimekizumab.
Gilead
Acted for Gilead in UK Court of Appeal proceedings relating to the validity of the SPC for Gilead's Truvada® HIV product.
Samsung Bioepis
Acted for Samsung Bioepis Bioepis in litigation with Janssen Biotech relating to biosimilar ustekinumab, including successful UK patent revocation proceedings and coordinating actions in other European jurisdictions.
SPC waiver
Involved in several of the earliest European cases on the application of the SPC manufacturing waiver, and have advised clients on requirements and scope of the SPC waiver scheme.
Unified Patent Court
Provided strategic advice on patent prosecution, defence and litigation to life science and tech clients in relation to the UPC, advising on possible remedies and approach to opt outs.
