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Heather is regularly cited in the Legal 500, Chambers & Partners and IAM Patent 1000 guides as a leading practitioner. She divides her time between EIP's offices in London and the US, from where she regularly advises Silicon Valley tech start-ups, SMEs and US law firms on European patent filing and prosecution strategy. Heather is well placed to advise clients on the new Unified Patent Court (UPC) - see further details at EIP Amar, our alliance created to support clients in any litigation before the UPC.
Heather joined EIP in 2002 from the IP Division of a major telecoms company. She has significant experience in drafting and prosecuting patent applications for innovation relating to the Internet of Things, security, computer systems and architecture, desktop applications, signal processing, wireless modem technologies, a range of networking topologies and protocols, electronic messaging systems and electronic trading systems. She has represented clients at opposition and appeal proceedings at the EPO on numerous occasions, and provides support on patent litigation matters, worldwide. Heather has extensive experience of developing, communicating and implementing IP strategies.
Heather has a PhD in Combustion and Fluid Dynamics, and a Bachelors Degree in Engineering, both from Imperial College, London.
Experience
- Providing pre-action and ongoing technical support in relation to validity and infringement of certain standard essential patents as part of representing Conversant Wireless in its successful Supreme Court proceedings against Huawei and ZTE.
- Unwired Planet vs. Apple (Northern District of California). Acted for patent owner as global prosecution counsel in relation to post-grant proceedings
- Unwired Planet vs. Google (District of Nevada). Acted for patent owner as global prosecution counsel in relation to post-grant proceedings
- Unwired Planet vs. Apple, RIM (International Trade Commission, Washington DC). Acted for patent owner as patent counsel
- Visto vs. Research in Motion. Acted for patent owner in international litigation relating to email synchronization technology, resulting in a $267.5 million settlement in favour of patent owner
- Good Technology Corporation. Global lead prosecution counsel 2009-2016
Recent work
- From 2022 has provided pre-action and ongoing technical and legal support in relation to infringement and validity, acting for Nokia Technologies in various patent disputes. (link)
- Unwired Planet vs. Samsung, Huawei and LG Electronics (Düsseldorf District Court). Acted for patent owner in providing technical and non-technical support to EIP Legal team in Germany in standard essential patent case related to LTE and GSM standards. The non-technical support work related to patent assignments and complex corporate transactions.
- Unwired Planet vs. Samsung and Huawei (UK High Court). Acted for patent owner in providing technical support in 4G standard essential patent case.
- Successfully progressed patents through to grant in Europe, the US and China for a multinational financial services company in the notoriously-difficult payments field.
- Unwired Planet vs. Apple (Northern District of California). Acted for patent owner as global prosecution counsel in relation to post-grant proceedings
Published articles
- November 2021
EIP Talks, What does the future hold for patents & trademarks? (link)
Education
-
1997
PhD in Combustion and Fluid Dynamics, Imperial College, London -
1993
BEng Engineering, Imperial College, London
Career history
- 2002 — present
Partner, EIP - 1999 — 2002
Patent Attorney, British Telecoms - 1998 — 1999
Trainee Patent Attorney, BAE Systems
Awards and recognition
- IAM Strategy 300 Global Leaders (link)
- Chambers UK 2024. (link)
- Recommended Patent Attorney, Legal 500, 2025 (link)
- IAM Strategy 300 (link)
- IAM Patent 1000 2024: “Heather is a first-rate attorney who is well versed in a wide variety of technical subject matter. She is incredibly smart and able to pick up new concepts quickly, and is extremely knowledgeable on the rules and requirements at the EPO, as well as having a wealth of experience with the practical realities. She has been there and done that with almost every situation.” (link)
- Ranked as 'Patent Star 2024' IP Stars (link)
- Legal 500, 2024 (link)
- IAM Patent 1000, 2023. 'Heather McCann is another technically adept and commercially minded operator on the team’s roster. From Silicon Valley tech companies to start-ups, McCann offers rigorous and strategic patent advice.' (link)
- Ranked as a 'Patent Star', IP Stars 2023
- Legal 500, 2023: Heather McCann "is outstanding, friendly and simply a leader in the field of patents." and "deserves particular mention as a sharp-minded and skilled, not to mention tireless, advocate and adviser." (link)
- Listed in IAM Strategy 300: The World's Leading IP Strategists 2022 (link)
- Ranked as 'Highly recommended' in Patent prosecution in UK, Leaders League 2022
- Recommended IAM Patent 1000, 2022. "Heather is well-versed in a wide variety of technical subject matter and is also incredibly smart and able to quickly pick up new concepts." (link)
- Ranked as a "Patent Star", IP Stars 2022 (link)
- Ranked as a "Top 250 Women in IP", IP Stars 2022 (link)
- Legal 500, 2022. (link)
- Listed in IAM Strategy 300: The World's Leading IP Strategists 2021 (link)
- Ranked as 'Highly recommended' in Patent prosecution in UK, Leaders League 2021 (link)
- Recommended IAM Patent 1000, 2021. (link)
- Ranked as a "Patent Star", IP Stars 2021 (link)
- IAM Patent 1000, 2020. "This “consistent and high-quality” practitioner has “excellent technical knowledge”." (link)
- Ranked as a "Patent Star", IP Stars 2020 (link)
- Legal 500, 2020
- Ranked as a "Patent Star", IP Stars 2019 (link)
- IAM Patent 1000, 2019. "Heather McCann is an oracle when it comes to European filing strategy; her wireless systems acumen has helped many technology-rich companies gain an IP foothold in Europe." (link)
- Legal 500, 2018: Recommended Patent Attorney
- Ranked as a "Patent Star", IP Stars 2018 (link)
- Women in Law Awards, 2018 (UK - Patents) - Lawyer Monthly
- IAM Patent 1000, 2018.
- Chambers & Partners, 2017: Heather has "excellent technical knowledge" and an "ability to find arguments that differentiate a claimed invention from cited prior art." (link)
- Legal 500, 2017: Heather "is noted for her ‘tremendous technical knowledge’."
- Ranked as a "Patent Star" and "highly recommended", IP Stars 2017
- IAM Patent 1000, 2017. "The masterful drafting of Heather McCann is a boon for IT innovators with complex applications."
- Legal 500, 2016
- IAM Patent 1000, 2016. “Heather’s biggest asset is her personal interest and pride in what she does – she is determined always to deliver quality work."
- Ranked in IP Stars 2016
- Legal 500, 2015
Speaking engagements
- 19 February 2020
NatWest Accelerator Hub, Power Up Your IP - 22 January 2020
EIP/Fieldfisher Roundtable, Understanding the Impact of the EU Copyright Directive on US Businesses - 26 September 2019
IPIC Annual Conference, IP Rights Around the World: International Perspectives (link) - 23 September 2019
TechGC Patent Circle Roundtable, International Patenting (link) - 6 December 2018
Fieldfisher, Exploring the implications of Brexit on your business from a technology perspective - 5 December 2018
Managing IP, European Patent Forum USA 2018 - 26 October 2017
Silicon Valley IP Law Association, Obtaining Unitary Patents - Effects of UPC Ratification & Creation of New Pan-European Patent System (link)