Unified Patent Court
It’s been a long time coming but the Unified Patent Court (UPC) and Unitary Patents (UP) finally came into effect on 1 June 2023. EIP and Amar Goussu Staub have launched an alliance, EIP Amar, to support clients with UPC litigation matters. Recently a panel from EIP Amar hosted an informative webinar where they discussed everything your business needs to know about the effect of the new system - click here to listen.
EIP Litigation head moves to new role as Chairman
EIP, the international high-value patents firm, has announced changes to its leadership. From 1 April 2023 current Head of EIP Litigation, Gary Moss, will move to become Chairman of EIP. Litigation partners Andrew Sharples and Robert Lundie Smithwill become co-heads of the UK Litigation team. Gary, a leading IP lawyer with over 30 years’ experience, joined EIP in 2011 to establish its Litigation practice. Over the past 12 years he has established EIP’s reputation for complex patent litigation. Moss and his team have built EIP’s Litigation practice to a market leading position with recognition in legal directories and awards. In 2022, the team won Managing IP European Patent Contentious (Patent & Trademark Attorney Firms) firm of the year for the first time following its recognition as UK Patent Contentious (PATMA) firm of the year for four years in a row from 2018 to 2021. The Litigation team’s reputation was cemented by its landmark victory in the Supreme Court in 2020 for its clients Unwired Planet and Conversant Wireless, which has had significant implications worldwide for licensing of intellectual property in the area of telecoms. The success of the team has been built upon the collaboration of litigators and patent attorneys so as to ensure that the cases which the firm handles received first rate input both legally and technically. Moss’s move to Chairman is a natural progression in the growth of the firm which will see him help guide EIP through its next phase of development while continuing to be involved in case strategy and high-level case work for clients. A key aspect of his role as Chairman will be working on strategic matters for EIP as well as talent development for the firm’s next generation of leaders. EIP CEO Magnus Hallin comments: "These changes mark a natural evolution for EIP with Andrew and Robert ably supported by the rest of the Litigation team continuing to build on their existing reputation. I am delighted Gary has agreed to become EIP’s Chairman and bring his vast experience to benefit the wider firm while still being on hand to give advice and support to the Litigation team and key clients as required. I believe this is a really positive development in EIP’s continued growth and ethos of developing in-house talent.” Sharples and Lundie Smith, supported by fellow UK Litigation partners Kathleen Fox Murphy and Tom Brazier, will continue to manage client relationships and lead the team on day-to day management and development. They have already worked with EIP’s key Litigation clients and will work closely with Moss and clients to ensure continuity of service. As well as having a long-standing working relationship, Sharples and Lundie Smith have been with EIP since the foundation of the Litigation group, working closely with Moss to develop this practice. Sharples and Moss have worked together for 15 years, initially at McDermott Will & Emery before moving to EIP and building the Litigation team. Lundie Smith has worked with Sharples and Moss for over 12 years having all worked together at McDermott Will & Emery before Lundie Smith joined them at EIP in 2012. Kathleen Fox Murphy previously worked with Moss when they were both at Taylor Wessing, while Tom Brazier joined EIP in 2018 from a Magic Circle firm. Sharples is a dual-qualified solicitor and patent attorney who specialises in life sciences and is an expert on the complexities of FRAND. He was one of the leads on the Supreme Court success for Unwired Planet and Conversant Wireless which dealt with the issue of FRAND in the context of Standard-Essential Patents (SEPs) in the telecommunications sector and is recognised for his patent expertise with rankings in IAM Patent 1000, IP Stars, JUVE Patent UK, and Legal 500. Lundie Smith is a solicitor and has been a partner at EIP since 2014. He has taken the lead in many of EIP’s technical trials including as a part of enforcement actions against Apple, Huawei, and ZTE. Robert is recognised for his patent expertise with rankings in IAM Patent 1000, IP Stars, and Legal 500. Gary Moss said: "I am thrilled that EIP has asked me to take on the role of Chairman and really excited at what this role will involve. EIP is a very different firm from the one I joined in 2011 – it is now present in four countries and has nearly 200 employees. Helping to guide the firm going forward is a challenge I am greatly looking forward to. I am confident that with the quality of people we have right across EIP we will continue to be a real force in the field of patents. I look forward to being part of that.”
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EIP marks Sweden launch with event in Stockholm
This Wednesday (March 15) we welcomed clients and contacts to the beautiful Opera Terrace (Operaterrassen) for an afternoon of topical sessions followed by drinks and canapés. The event marked six months since the opening of EIP’s Stockholm office, our first office in the region. On a bright and clear day in Stockholm the venue offered stunning panoramic views across the water to sights such as the Royal Palace and Grand Hotel. Guests enjoyed talks on topical subjects of generative AI, semiconductors, UPC, and IP sustainability. There sessions raised many questions from guests and provided lively discussion which continued into the evening. To read recent articles on semiconductors click here, and to read more about UPC litigation visit EIP Amar. Head of EIP’s Sweden office Inga-Lill Andersson comments: “It was lovely to be able to host this event and for myself and my colleagues to meet contacts in person. The sessions touched upon many hot topics and gave attendees an insight into the expertise at EIP.”
EIP’s expertise highly ranked in JUVE Patent UK 2023
JUVE Patent has published its UK rankings for 2023 in which EIP’s litigation and filing practices are ranked. EIP’s Litigation practice is ranked four stars (out of five) with editorial commenting that the “IP boutique continues to be one of the most present litigation teams in the UK market when it comes to mobile communication and FRAND cases.” While also mentioning “EIP began to consolidate its crucial development in the life sciences sector.” The editorial mentions last year’s busy year with “PanOptis and its subsidiary Optis Cellular in a dispute against Apple.” Juve also notes the “enormous presence in SEP cases ensures EIP enjoys a solid position among the challengers of the market.” EIP’s presence in Europe is increasing as “EIP is currently one of the most expansive IP boutiques in Europe. After establishing a well-positioned litigation team in Germany years ago, EIP opened a prosecution practice in Stockholm in 2022.” While in autumn 2022 EIP partnered up with Paris-based litigation firm Amar Goussu Staub forming EIP Amar for the UPC. EIP Amar “now guarantees the firm access to Paris as a central UPC venue. EIP can assemble large, mixed teams for UPC cases. This is an advantage over some other British, German or French litigation boutiques, which have to rely on their best-friend firms.” Head of Litigation, Gary Moss is said to be a “terrific litigator with deep knowledge of FRAND matters.” In addition to EIP’s patent litigation ranking, the patent filing team is also recommended for Medical technology; Digital communication and computer technology; and Electronics. In addition, three partners are listed as recommended individuals: Darren Smyth for Chemistry / Digital communication and computer technology; and Jerome Spaargaren for Digital communication and computer technology / Electronics; and Monika Rai for Pharma and biotechnology who is noted as “one of the best EPO litigators in the sector”.
EIP’s litigation team claims another win for client Optis against Apple
Today, 27 October 2022, judgment was handed down by the Court of Appeal, London, in a successful appeal for EIP client Optis as part of its long-standing licensing dispute with Apple. The appeal involved the issue as to whether or not an implementer who had been found to infringe a valid UK SEP was obliged to undertake to enter into a FRAND licence determined by the Court, in order to avoid the court granting an injunction preventing further infringements by the implementer in the future. At first instance, Meade J held that it was so obliged. Apple appealed against this finding, but EIP client Optis was successful, and the appeal was dismissed by all judges. This decision is likely to prove another important decision in the FRAND landscape and is likely to be relied upon in subsequent cases. Gary Moss, Head of Litigation at EIP and lead on this case comments: “We are obviously pleased with the Court of Appeal’s judgment and find it to be a logical application of the Supreme Court’s guidance in Unwired Planet. It has endorsed the view we've always taken, which is that in return for taking the benefit of the SEP holder’s commitment to ETSI to grant FRAND licences, implementers should be obliged to accept the FRAND license that is determined by the court. That is the price they have to pay to avoid being subject to the normal relief for infringement of a valid patent, namely an injunction. It will be interesting to see what effect this decision will have on SEP holders and implementers, and the Courts, going forward and whether it changes their behaviours in any way.” The full judgment can be viewed here. The EIP team on the case was: Gary Moss, Angela Jack, Elizabeth McAuliffe, Owen Waugh, Steph Harris, India Badini, Jacqueline Long, and Emily Williams. Osbourne Clarke LLP were co-Counsel. The barristers acting for Optis were: Sarah Ford KC, Isabel Jamal, Emily MacKenzie and Jennifer Dixon.
Preserving the strict deadline of urgency in patent preliminary injunction proceedings
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EIP shortlisted for four Managing IP Awards EMEA 2023
EIP has been shortlisted in four categories in the Managing IP Awards EMEA 2023. EIP is again nominated as European Patent Disputes Firm of the Year, which it won at last year's awards. It is also nominated for UK Patent Disputes Firm of the Year awar...
EIP Litigation head moves to new role as Chairman
EIP, the international high-value patents firm, has announced changes to its leadership. From 1 April 2023 current Head of EIP Litigation, Gary Moss, will move to become Chairman of EIP. Litigation partners Andrew Sharples and Robert Lundie Smithwill b...
EIP marks Sweden launch with event in Stockholm
This Wednesday (March 15) we welcomed clients and contacts to the beautiful Opera Terrace (Operaterrassen) for an afternoon of topical sessions followed by drinks and canapés. The event marked six months since the opening of EIP’s Stockhol...
EIP Talks Podcast
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