Unified Patent Court
It’s been a long time coming but the Unified Patent Court (UPC) and Unitary Patents (UP) will come 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.
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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 new Sweden office expands with a further partner hire
EIP, the patent law firm specialising in high-value and complex matters, is today announcing the hire of Pontus Falk as a partner at its recently opened Sweden office. EIP announced the opening of its Sweden office, its first in the Nordic region, in September with a four-partner team specialising in life sciences, chemistry and digital sectors. Pontus joins from AWA, where he previously worked alongside several of the EIP Sweden team including Daniel Enetoft whom he met when they completed their training together. Pontus is a European patent attorney with over 10 years’ experience of working with a range of clients from start-ups to large international enterprises, with a focus on drafting, prosecution and IP strategy. His technical expertise covers a range of applied physics, semiconductor processing, X-ray generation, battery manufacturing, eye tracking, and medical implant technology. Magnus Hallin, CEO of EIP, comments on the latest hire: “I am delighted to see EIP’s Sweden office continue to make its mark in the region with the recruitment of Pontus. Having previously worked with Pontus I am confident that he will be a fantastic addition to EIP.” Inga-Lill Andersson, Head of the Stockholm office and EIP’s practice in Sweden, says: “It is great to see our Sweden team expanding so quickly. Pontus’s expertise complements the skills of the team in Sweden and across EIP’s offices. I am excited for Pontus to join our team and look forward to working with him again.”
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.
A pig in wolf’s clothing? Wolfoo unable to avoid valid service by providing multiple email addresses for service.
Entertainment One UK Limited & Anor v SCN Media Ltd & Ors  EWHC 3295 (Ch) A seemingly global battle has begun between the owners of Peppa Pig and the makers of Wolfoo.Russia recently refused a trademark application for Wolfoo following o...
Tulip - a cautionary tale. Do software developers owe a fiduciary duty to users of the code they write? (Tulip Trading v Van Der Laan and Others)
Summary On 3 February 2023, the Court of Appeal in England ruled that the dispute between the Claimant, Tulip Trading Limited (“Tulip Trading”) and the Defendants, who are sixteen bitcoin developers involved with the development of blockch...
Director’s Liability Caught in a Tangle in Toy Making Feud in UK High Court
In Tangle Inc (“Tangle”) and One for Fun Ltd (“One for Fun”), Mr David Stone (sitting as Deputy High Court Judge) had to consider the liability of three directors from One for Fun as joint tortfeasors to the First Defendant (One...
EIP’s German team listed in Legal 500 Deutschland 2023
EIP’s German office has been recognised for its expertise in patent dispute resolution and have been listed in the latest edition of Legal 500 Deutschland published today. Legal 500 notes EIP’s ‘extensive experience in the coordinati...
Mark Lubbock contributes to Practical Commercial Precedents
EIP Partner Mark Lubbock is the author of the Intellectual Property section of Sweet & Maxwell’s Practical Commercial Precedents, a loose-leaf publication which sets the standard for drafting commercial contracts. Access the PCP here.
EIP partners recognised in IAM Strategy 300 Global Leaders
Following their inclusion in IAM Strategy 300 published in September last year, EIP partners Florian Schmidt-Bogatzky and James Seymour have been listed in IAM Strategy 300: Global Leaders 2023 which identifies the individuals whose approach to intelle...
EIP Talks Podcast
The Unified Patent Court (UPC) – Keeping it Simple and Practical
We all know that the Unitary Patent and the Unified Patent Court (UPC) is big news in the patent world. Beyond the legal updates, businesses need to know how the UPC affects them practically. How can the UPC add value, and how to manage the risks? T...
Derk Visser’s insights: 30 years of studying the #EuropeanPatentConvention
Matthew Blaseby, European/UK patent attorney and partner at EIP, and Derk Visser, 30 year author of the well-known textbook on the EPC and 2020 winner of Managing IP’s Lifetime Achievement Award, discuss the EPC and its changes over the years. Liste...
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...