Owen Waugh

Associate, IP 사무 변호사
London

Owen is an IP solicitor in EIP's litigation team and has experience of proceedings in the High Court, the Court of Appeal, IPEC and the Supreme Court. Owen is currently involved in patent disputes involving telecommunications technology, FRAND licensing and jurisdictional challenges.

In addition, Owen worked on secondment to a transactional IP specialist law firm. He spent four months advising on a variety of contracts, including assignments, licensing agreements, research agreements and non-disclosure agreements as well as giving data protection advice.

Owen’s qualifications include, a Postgraduate Diploma in Intellectual Property Law and Practice from the University of Oxford. He also holds a Masters in Natural Sciences, including modules in Chemistry, Materials Science and the Philosophy of Science, from the University of Cambridge.

Experience

  • Optis v Apple: Part of the team acting for the Optis group in patent dispute with Apple including working on trials which found that Apple were a “willing licensee” and entitled to enforce the ETSI undertaking, and that there was no estoppel defence said to arise out of breach of clause 4.1 open to Apple. Included working as well as part of the team that successfully resisted Apple’s jurisdiction challenge.
  • Unwired Planet v Huawei: Part of the team representing Unwired Planet at the Court of Appeal and Supreme Court in the FRAND aspects of the telecommunications dispute.
  • Technetix v Teleste: Part of the team defending Teleste in a telecommunications dispute in both IPEC and the High Court.
  • Conversant v Huawei & ZTE: Part of the team acting for Conversant in their litigation against Huawei and ZTE, including the, technical trials in the High Court, jurisdictional challenge including at the Supreme Court and related anti-suit injunction.

Recent work

  • Acting for Optis in Optis v Apple in a trial which found that Apple were not at that time entitled to enforce the ETSI undertaking against Optis and that Apple would accordingly be injuncted unless Apple committed to enter into a FRAND licence to be determined by the High Court of England and Wales.
  • Acting for Optis in Optis v Apple in a trial which found that Apple infringed one of Optis’ Standard Essential Patents including finding by the court that Apple’s alleged estoppel defence arising from original patent owner’s declaration to ETSI failed. This involved findings that the original declarant did not breach the ETSI IPR Policy, as a matter of French law in making their declaration and that in any event the relevant standard setting organisation working group did not consider the original declarant’s proposal to be IPR-free and so no proprietary estoppel could arise. (link)
  • Acting for Unwired Planet and Conversant Wireless in successful Supreme Court proceedings against Huawei (and ZTE for Conversant) on the issue of FRAND in the context of Standard Essential Patents (SEPs) in the field of telecommunication. (link)
  • Acting for Teleste in successfully defending a claim for patent infringement by Technetix BV in the United Kingdom Patents Court in the field of cable TV equipment. (link)
  • Acted for Unwired Planet in successful Court of Appeal proceedings against Huawei for standard essential patent and FRAND litigation. (link)

Published articles

  • February 2021
    Lexology, Court of Appeal adopts narrow interpretation of Crown use defence in IPCom v Vodafone (link)

Specialities

  • FRAND
  • Jurisdiction
  • Telecoms
  • Electronics

Education and qualifications

 

  • 2020 — 2021
    Postgraduate Diploma in Intellectual Property Law and Practice, Oxford University
  • 2017 — 2018
    Legal Practice Course, BPP Law School
  • 2016 — 2017
    Graduate Diploma in Law, BPP Law School
  • 2010 — 2014
    Masters in Natural Sciences, St Johns College, Cambridge

Career history

  • 2020 — present
    Associate, EIP
  • 2018 — 2020
    Trainee Solicitor, EIP