Andrew Sharples

Partner, UK and European Patent Attorney, Solicitor
London, EIP Europe LLP

As head of the EIP Life practice group, Andrew focuses on the life sciences; his clients ranging from start-ups to major pharmaceutical and biotech companies. His technical experience covers a range of biotechnology, pharmaceuticals, and medical devices technologies. He has also conducted patent litigation in a range of technologies, and is an expert on the complexities of FRAND.

He joined EIP after a decade in the patent group of a major international law firm. His expertise includes patent drafting and prosecution, oppositions, supplementary protection certificates and life cycle strategies. A solicitor as well as a Chartered and European patent attorney, Andrew has advised on litigious proceedings from the Patents County Court to the House of Lords, and on corporate transactions including VC investment and multi-million pound acquisitions.

Andrew has a degree in Molecular Biology from the University of Edinburgh and a master's in the Management of Intellectual Property from Queen Mary’s College, University of London.

Experience

  • Representing Unwired Planet in their FRAND dispute with Huawei.
  • Advising Tate & Lyle on the intellectual property aspects of acquisitions of food technology companies.
  • Representing Amgen in a patent infringement dispute with Hospira in relation to pegfilgrastim (Case Ref: HC09C04064 Hospira, Inc. & anr v Amgen Inc.).
  • Representing Bioprogress PLC in a patent entitlement dispute (Stanelco Fibre Optics Ltd v Bioprogress Technology Ltd).
  • Representing Niche Generics in their patent infringement and validity action in relation to perindopril (Les Laboratories Servier v Niche Generics).

Recent work

  • 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 Unwired Planet International Limited in their FRAND litigation against Google, Samsung & Huawei.
  • Prosecution of the cell therapy patent portfolio for Cytori Therapeutics.
  • Conduct of a number of “straw man” oppositions in relation to a range of small molecule and biotherapeutic technologies.
  • Development of a patent portfolio on behalf of Tate & Lyle in relation to enzymatic processing systems.
  • Providing ongoing non-infringement advice in relation to development of a new product for an FTSE 100 company.
  • Acting for Conversant Wireless Licensing in patent and FRAND litigation against Huawei & ZTE.

Published articles

  • 24 December 2016
    Journal of Intellectual Property Law & Practice 2016, Threats to infringe a patent application: no barrier to justification (link)
  • 29 September 2014
    IP Law 360, Good news for originators of antibody products (link)
  • 22 July 2014
    Intellectual Property Magazine, SPCs for medical devices: continuing disharmony (link)
  • 11 April 2014
    IP Law 360, SPCs - we wait in vain for clarity from Europe (link)
  • November 2013
    Intellectual Property Counsellor, Europe's unitary patent system: a horse designed by a committee
  • 19 September 2013
    IP Pro Life Sciences, Innovative Times (link)
  • 23 June 2013
    JIPLP, So when is a patent claim too broad? (link)
  • 10 August 2011
    Genetic Engineering and Biotechnology News, Uncertainty and disharmony plague patent term extensions in Europe (link)
  • 2 June 2011
    Genetic Engineering and Biotechnology News, Europe Awaits Decision on Patents, hESCs, and Morality (link)
  • 23 March 2011
    Genetic Engineering and Biotechnology News, Gene Patents in Europe Relatively Stable Despite Uncertainty in the US (link)

Specialities

  • Biotechnology
  • Pharmaceuticals
  • FRAND

Education and qualifications

 

  • 1999 — 2000
    MSc Management of Intellectual Property, Queen Mary College, University of London
  • 1994 — 1998
    BSc Molecular Biology, University of Edinburgh

Career history

  • 2010 — present
    Partner, EIP
  • 2000 — 2010
    Senior Associate, McDermott Will & Emery

Awards and recognition

  • Ranked as a "Patent Star", IP Stars 2020 (link)
  • Ranked as a "Patent Star", IP Stars 2019 (link)
  • Legal 500, 2018: Recommended Patent Attorney
  • Ranked as "Patent Star", IP stars 2018
  • Legal 500, 2017: Noted as a “patent law expert” and a "key figure" for patent prosecution and patent litigation.
  • A "star litigator" in the firm, IP Stars 2017 (link)

Speaking engagements

  • May 2020
    OneNucleus BioWednesday Webinar , Enabling Access to Medical Technologies - Compulsory Licensing, TRIPS and FRAND
  • 4 May 2016
    One Nucleus BioWednesday, Does Every Tech Transfer Office Need an Investment Fund?
  • 3 June 2015
    One Nucleus BioWednesday, Developing and Commercialising Cell-based Platforms
  • June 2014
    One Nucleus BioWednesday, The Value of Intellectual Property
  • July 2013
    One Nucleus BioWednesday, Managing IP Litigation on a Budget
  • January 2013
    One Nucleus Life Sciences Leadership, Assessing freedom to operate in the antibody-drug conjugation (ADC) arena
  • October 2012
    Cardiff Medicentre Breakfast Briefing, Managing Intellectual Property from Start-up to Exit (link)
  • June 2012
    EIP Elements seminar, A Mock EPO Opposition
  • June 2012
    C5, 11th International Forum of Pharma Patent Lifecycles (link)
  • November 2011
    EIP Life seminar, Patent Term Extensions and SPCs
  • June 2011
    London Business School seminar, Managing IP from start-up to exit