EIP Secures $700 Million Plus for Optis in FRAND Litigation Against Apple
In a judgment handed down today by the English Court of Appeal (Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2025] EWCA Civ 552), EIP have secured a landmark decision for its client Optis in its FRAND litigation against Apple. In a 2023 ruling, Mr Justice Marcus Smith fixed the total license fee payable by Apple in respect of Optis’ portfolio of SEPs at $56.43 million. In its judgment today, the Court of Appeal increased the figure to $502 million. With interest, the total amount exceeds $700 million. This is the highest value court determined license of its type on record. In 2023, the Judge had relied on a large number of Apple licenses as evidencing what was a fair and reasonable license fee. However, in his judgment Lord Justice Birss ruled that “Apple’s Framework included indefensible elements such as an insistence on patent by patent licensing (which manifestly would involve a degree of hold out)” and therefore rejected Mr Justice Marcus Smith’s approach. Gary Moss, Chairman, who led the EIP Team said “It was the view of Optis and its legal team that the approach adopted by the Judge was misconceived and out of step with prior FRAND decisions. That view has been vindicated after today’s decision. This judgment will go some way to reestablishing the English courts as an appropriate jurisdiction in which SEP holders can litigate FRAND issues. I would like to pay tribute to the effort of the EIP litigation team and that of Osborne Clarke who were our co- Counsel on the case.”
Spotlight
EIP US team strengthened by new lateral hires
EIP is excited to welcome the addition of Amy Salmela and Peter Prommer to our US team, solidifying our growing commitment to that market. Amy Salmela joins as a Partner and brings over 20 years of experience in advising clients on all aspects of US patent prosecution and international IP protection strategies. An electrical engineer by training, Amy has worked with clients in various industries, including telecommunications, automotive, semiconductor, retail analytics, medical devices, technology, software, consumer products, and high-end audio systems. She has extensive experience in handling all stages of US patent prosecution, conducting pre-filing searches, drafting patent applications, and providing post-grant enforcement and defense counseling. Amy is also committed to providing access to justice and has been honored multiple times as a Minnesota North Star Lawyer for her pro bono work. Pete Prommer, also joining as a Partner, brings extensive expertise in patent portfolio management, domestic and foreign patent preparation and prosecution, and intellectual property transactional matters. With over 20 years of experience, Pete has advised technology-focused businesses, from emerging companies to leading global corporations, on strategies to build, protect, and leverage intellectual property portfolios. His practice spans various technical fields, including mechanical, electronic, software, and materials technologies. Pete has also provided guidance on post-grant and effective enforcement strategies. His experience includes working with companies in industries such as healthcare, electronics, and computer hardware. Pete is also the immediate past president of IPLAC, the Intellectual Property Law Association of Chicago. Both Amy and Pete bring with them a diverse portfolio of clients, including a FTSE 100 corporation Amy has counselled for over 15 years. Their clients will benefit from EIP's unique blend of service offerings and our commitment to delivering exceptional legal advice. In addition to Amy and Pete, we are also pleased to welcome a new paralegal to our team – Lisa Dawn Gentry. Lisa Dawn will further support our efforts in providing comprehensive legal services to our clients. This update follows Eric Williams taking over the leadership of EIP’s Denver office in May last year. EIP is a patent law firm with presence on the ground in key patent markets, including the US, the UK, Germany and Sweden. This allows us to provide seamless service to our clients with intellectual property interests on both sides of the Atlantic. Magnus Hallin, CEO of EIP, is enthusiastic about the new additions. We are thrilled to welcome Amy, Pete, and Lisa Dawn to our team. Their expertise and client portfolios will significantly enhance our capabilities and reinforce our commitment to the US market. This development is also a testament to the fresh energy and perspective Eric is bringing into the team. Eric Williams said: This is a great start to the year for us and I’m excited to see Amy, Pete, and Lisa Dawn stepping into their new roles at EIP. External coverage to date: EIP expands US patent team with new partner hires, WIPR EIP US team strengthened by new lateral hires, Patent Lawyer Magazine This week on MIP EIP Grows US Team With 2 Pranger Law Attys, Law360
EIP launches Ampliphy
EIP has launched a new strategic IP and legal service specifically for semiconductor chip designers and deep tech electronics and photonics companies called Ampliphy. The service is designed to help early stages companies develop effective IP strategies that maximise value. Ampliphy combines EIP's industry and technical experience to address the challenges and complexity of the sector with the added benefit of commercial advice from your multidisciplinary team. Visit the Ampliphy page to learn more about the service.
New hire at EIP’s regional hub in Sweden
As the second anniversary of its opening approaches, EIP’s Sweden office hires Rasmus Fredlund, a Swedish and European Patent Attorney. The expansion to Sweden solidified EIP’s commitment to growth in the Nordics – well known for their innovation across the region – and has brought the firm closer to both existing and new clients. The team is steadily growing, first with paralegal Anna Moberg who joined last year, followed by Senior Associate Filip Jörgensen who joined in April, and now with Rasmus starting at Managing Associate level in the Stockholm office. Rasmus has over 15 years’ experience dealing with patents in electronics and mechanical fields. Before entering private practice, Rasmus was an in-house Patent Attorney at Suzlon Technology Group in Germany which makes him very aware of both the intellectual property and commercial challenges of R&D departments. Inga-Lill Andersson, Head of the Stockholm office and EIP’s practice in Sweden, said: “We are thrilled that Rasmus is joining our team! His skills and enthusiasm will be a valuable addition to our offering and align perfectly with the spirit of Samverkan* and joy that defines us at EIP.” Rasmus Fredlund said: “I’m excited for this new chapter and to join this thriving, growing team at EIP. My mixed in-house experience so far has allowed me to build a balanced view and understanding of the challenges innovative businesses face and I look forward to applying my skills to support EIP’s clients.” *cooperation , collaboration , working together External coverage to date: EIP—Rasmus Fredlund | New Law Journal | The leading weekly legal magazine EIP bolsters Sweden regional hub | Careers | World IP Review
Partner Promotions
EIP promotes quartet to its international partnership EIP is proud to announce an expansion of our international partnership with the promotion of four from our team: Alex Morgan, Ben Willows, Isabelle Schaller, and Sebastian Fuchs. This strategic enhancement brings our partnership to a total of 36, reflecting our global presence across the UK, Germany, Sweden, and the US. What this means for our clients: Alex Morgan has been a managing associate with EIP since 2020 and has played a key role in EIP’s team for litigation work: representing Optis against Apple, IP Bridge in its litigation against Huawei and more recently, ThroughPuter in its dispute against Microsoft. Alex has been recognised as a Managing IP ‘Rising Star’ (2022 and 2023) and is listed as a key lawyer for EIP in Legal 500’s current rankings. Ben Willows brings a wealth of experience from his time at Dyson, enhancing our patent prosecution capabilities. His track record in drafting and defending patents, coupled with successful representations in EPO and UKIPO proceedings, strengthens IP portfolios, ensuring innovations are securely protected and effectively leveraged. In our Düsseldorf office, Isabelle Schaller specialises in advising on cross-border patent infringement matters, particularly in the telecommunications sector. Her strategic approach in high-stakes litigation, including securing a preliminary injunction for the client, exemplifies our commitment to safeguarding client interests in complex technological landscapes. Sebastian Fuchs, also based in Düsseldorf, is renowned for his adept handling of contentious patent issues, including FRAND licencing and wireless technology disputes. His recognition as a ‘Rising Star’ and ‘One to Watch’ underscores his expertise in delivering forward-thinking legal solutions that protect and enhance intellectual property assets. Magnus Hallin, CEO of EIP, commented, "The expansion of our partnership in key markets signifies our ongoing commitment to excellence in patent prosecution and litigation. Alex, Ben, Isabelle, and Sebastian embody the collaborative ethos and innovative spirit at the heart of EIP. Their promotions are a testament to their outstanding contributions and the value they bring to our clients." As EIP continues to grow, our focus remains steadfast on delivering unparalleled expertise and service to our clients on high value and complex patents. The elevation of our new partners strengthens our ability to navigate the complexities of IP law, offering our clients and prospects an even greater level of support and strategic insight. We congratulate Alex, Ben, Isabelle, and Sebastian on their well-deserved promotions and look forward to their continued contributions to our clients' success.
EIP’s expertise highly ranked in JUVE Patent UK 2024
JUVE Patent has published its UK rankings for 2024 in which EIP’s litigation has been ranked along with being included in the list of recommended firms for Patent Filing. EIP’s Litigation practice is ranked four stars (out of five) with editorial commenting that “EIP built up a very impressive litigation team.” It’s mentioned that our “work for NPEs like Unwired Planet, Conversant and Optis has propelled EIP to a position as one of London’s foremost names for mobile communications and FRAND cases.” Juve notes “EIP is now acting for an industrial corporate on the patent holder side for the first time.” JUVE has also acknowledged that “senior partner Gary Moss is no longer playing the dominant role, leaving that to the next partner generation around Robert Lundie Smith and Kathleen Fox Murphy." JUVE recognises EIP’s expansion within the life science group stating “its investment in a dedicated life sciences group is paying dividends” and highlights that the recent “litigation for two global vaccine manufacturers in EPO proceedings points in the right direction, as does the ongoing defence of Amgen against the attack by Pfizer, Regeneron and Janssen-Cilag." EIP’s presence in Europe is increasing as “EIP has proved to be one of the most expansive IP boutiques in Europe in recent years. Outside of the UK, the firm boasts a well-positioned litigation team in Germany and has a five-strong patent attorney team in Stockholm. In autumn 2022 EIP partnered up with Paris-based litigation firm Amar Goussu Staub forming EIP Amar for the UPC. “Both firms are particularly known for representing clients in mobile communications.” EIP Amar “now guarantees the firm access to Paris as a central UPC venue.” In addition to EIP’s Litigation ranking, the Patent Filing practice is also recommended for Digital communication, Electronics and Pharma and biotechnology. Five partners are listed as recommended individuals: Gary Moss, Robert Lundie Smith, Kathleen Fox Murphy for Litigation; Jerome Spaargaren for Digital communication and electronics; Monika Rai for Pharma and biotechnology.
News Flashes
Urbis Schreder slips up on anti-climb lighting patents validity challenge
DW Windsor Ltd v Urbis Schreder Ltd [2025] EWHC 563 (IPEC) (14 March 2025) Summary This action involves two companies that design, manufacture and supply exterior lighting fixtures. DW Windsor is the proprietor of two patents (GB 2 495 509 (the &ld...
Hacon J warns that the reasonable reader should not be regarded as an “anxious pedant”
Babek International Ltd v Iceland Foods Ltd [2025] EWHC 547 (IPEC) https://www.bailii.org/ew/cases/EWHC/IPEC/2025/547.html This case concerns a trade mark held by Babek International Ltd which they claimed had been infringed by Iceland Foods Ltd, w...
Prevayl v Whoop [2025] EWHC 399 (IPEC)
His Honour Judge Hacon has found that Prevayl’s patent for a smart bra was invalid for obviousness over two pieces of prior art. However, had the patent been valid, Whoop would be indirectly infringing the patent by the sale of its “Whoop b...
Company
EIP Announces Promotion of Ben Maling to Partner
We are delighted to announce the promotion of Ben Maling to Partner, effective from April 1, 2025. Ben's extensive experience in artificial intelligence aligns perfectly with EIP's commitment to staying at the forefront of technological advancements an...
EIP client Pulpex completes successful Series D funding
Leading IP firm EIP has advised sustainable packaging technology company Pulpex Limited on its successfully closed £62m Series D investment round. The National Wealth Fund (NWF) has committed £43.5m in direct equity, with a £10m co-...
EIP US team strengthened by new lateral hires
EIP is excited to welcome the addition of Amy Salmela and Peter Prommer to our US team, solidifying our growing commitment to that market. Amy Salmela joins as a Partner and brings over 20 years of experience in advising clients on all aspects of US ...
Resources
What SMEs Should Know About The IP Audits Plus Scheme
Designed by the UK Intellectual Property Office (UKIPO), the IP Audits Plus Scheme gives high-growth SMEs the opportunity to understand and assess their IP further. The scheme supports SME growth by offering financial support towards an IP audit. Th...
The Ultimate Patent Guide For SMEs: Prepare, Protect & Enforce
With SMEs accounting for the majority of businesses worldwide, it is no surprise that we are seeing more and more innovation coming from SME businesses. Effectively understanding how to take that innovation to market, and then to optimise profit genera...