Owen Waugh

Managing Associate, Solicitor

London

owaugh@eip.com

Biography

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

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

Recent Work

Acting for Optis in successful appeal at the Court of Appeal (link) which increased the value of the licence declared to be FRAND from $64.7m to more than $700m. With the Court of Appeal finding that Marcus Smith J’s first instance decision was made in a procedurally unfair way and flawed in major aspects. The Court of Appeal also overturned Marcus Smith J’s order which interfered with parallel US proceedings which was inappropriate and contrary to comity.
Acting for Avanci in opposing Tesla’s appeal to the Supreme Court following Avanci’s successful jurisdiction challenge at both the High Court, and the Court of Appeal
Advising clients in relation to the UKIPO’s Consultation on Standard Essential Patents.
Advising clients in relation to ongoing FRAND negotiations.
Contributor to the UK response to the AIPPI’s AI and Copyright study question.

Publications

Court refuses to close the stable door after the horse has bolted in patent dispute - EIP News Flashes (November 2023)
What a relief! Court of Appeal permits a party to rely on evidence served two years late - EIP News Flashes (November 2023)
Parties and their lawyers will have to reveal how the sausage is made. - EIP News Flashes (September 2023)
Smoke Without Fire - British American Tobacco’s “heat not burn” products found not to infringe two of Philip Morris International’s patents - EIP News Flashes (May 2023)
A Tale of Two Dragons - EIP News Flashes (April 2023)
Court of Appeal rules that there is no territorial restriction on damages for infringement of a UK patent - EIP News Flashes (January 2023)
Geofabrics v Fiberweb: 'a rare judgment' - WIPR (October 2022)
Damages pull into the station for Geofabrics - EIP News Flashes (October 2022)
High court holds on to jurisdiction in SEP case - Patent Lawyer Magazine (December 2021)
Court of Appeal adopts narrow interpretation of Crown use defence in IPCom v Vodafone - Lexology (February 2021)

Education

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

Languages Spoken

Career History

Senior Associate at EIP (2023 — present)
Associate at EIP (2020 — 2023)
Trainee Solicitor at EIP (2018 — 2020)

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