EIP

IAM Research

The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.

Bronze - Firms: infringement

Having long been one of the United Kingdom’s strongest patent prosecution outfits – and with recent years seeing it become one of the country’s best-known outfits on the litigation side too – it is hardly surprising that EIP has also positioned itself in Germany, to impressive effect. The German outpost excels in multinational litigation, especially in the electronics field, with the past year seeing it act for Conversant against Daimler in a hotly discussed SEP case and for Sonos against Google in preliminary injunction and infringement proceedings. Involved in both are Christof Höhne and Florian Schmidt-Bogatzky. Höhne heads up the Düsseldorf office and during his career has spent time within some of the world’s best-known international law firms. His clients call him “a careful advocate and a practical counsellor, with a deep understanding of cellular technology”. Fellow electronics expert Schmidt-Bogatzky is similarly renowned: “Florian is one of the most creative German litigators we work with, he’s our go-to attorney for difficult cases that require a fast turn-around and out-of-the-box thinking, with respect to both technical and procedural issues. He acts in patent litigation involving a wide range of technologies, and he has no issue mastering every nuance of the cases.”

Silver - Firms: prosecution

Silver - Firms: litigation

EIP has long been recognised for its prosecution capabilities, but in recent years has become known for litigation too, thanks in part to its involvement in the hotly discussed Unwired Planet and Conversant cases, as well as other SEP and FRAND disputes. Despite this notable telecommunications focus, however, the group covers all sectors, with medical devices and life sciences cases also falling into its inbox in the past year. “The team at EIP has consistently shown an exceptional level of competence and professionalism, with everyone proving to be approachable, responsive and detail-oriented. No effort is spared to make sure that clients have the best information, advice and updates, and when approaching any costly work, they are mindful of the business’s budget, and they provide detailed and reliable estimates. The team has also shown a dedication to continually build up in-depth knowledge of highly specialised technical fields. This combination of professional ethics and technical diligence instils great confidence.” Heading up the litigation team is Gary Moss, who is well known for his involvement in the Unwired Planet cases, but has a rich career that spans the past 30 years. “Time and again Gary’s experience and judgement have proven to be sound. He has a very practical approach and he focuses on strategy, counselling, relationships and the big picture.” His fellow litigators are Andrew Sharples, Robert Lundie Smith, Matthew Jones and Kathleen Fox Murphy. Dual-qualified solicitor and patent attorney Sharples impresses in disputes – especially those involving FRAND – but also lends his hand to transactional briefs, while Lundie Smith also plays his part regularly at telecommunications and SEP cases but has a PhD in chemical physics that comes in handy too. Jones and Fox Murphy each ascend to the silver tier this year, thanks to top market reviews – Jones brings insight from his time as senior counsel for Teva to his broad cross-border litigation practice, and Fox Murphy has special knowledge when it comes to interim injunctions, gained across a 20-year career. On the patent attorney side, Darren Smyth heads up the chemistry practice, EIP Elements, and is a pro before the oppositions and appeals board of the EPO – “Darren is responsive, comprehensive in his analysis and thoughtful in his advice.” Also strong in oppositions is medical devices expert Gareth Probert, who is especially proficient when running them in tandem with parallel litigation. Handling much of the firm’s mobile telecommunications work is digital sector group head Jerome Spaargaren, while Laurence Brown deals with consumer electronics companies from SMEs to multinational corporations. “Thorough, commercially minded and technically brilliant to work with, Laurence is impressively quick to grasp highly complex and specialised technology and to make connections between the smallest detail and the overall strength of a portfolio.” Also receiving high praise is the globally minded Heather McCann, who spends time in both the United Kingdom and United States: “Heather is well-versed in a wide variety of technical subject matter and is also incredibly smart and able to quickly pick up new concepts. In addition, she is extremely knowledgeable about EPO rules and requirements, as well as having a wealth of experience with the practical realities side of dealing with the EPO – she has been there, done that with almost every situation.” Similarly reviewed is high-technology and electronics expert Matt Lawman, who clients attest “provides clear guidance on how to approach difficult cases”. “It is a real pleasure to work with Matt Lawman and EIP. The level of professionalism and efficiency is second tonone.”

Firm Profile

EIP is a leading IP law firm advising on high-value patent matters. EIP’s combination of patent attorneys with specialist IP litigators presents its clients with significant advantages, being able to give advice on all stages of patent protection around the world, and patent litigation in the United Kingdom and Germany.

The benefit of this combination is well illustrated by EIP’s successful representation of clients in high-stakes patent litigation before the UK High Court, Court of Appeal and Supreme Court, and before the German district and federal courts.

Aside from the more mainstream drafting and prosecution practices, EIP’s patent attorneys work closely with the litigation team in the United Kingdom and Germany, providing additional technical expertise on large-scale international patent litigation matters.

EIP is increasingly involved in advisory and strategic project work in relation to the enforcement of patent rights, including portfolio analyses, infringement and validity analyses and claim charting, as well as strategic IP advice such as due diligence related to acquisitions and joint ventures. Team members often counsel clients on strategic patent portfolio management and development matters, and EIP has been retained to assist in developing high-level IP strategies for some of the world’s largest companies.

To complement the high-value patent advice we already provide to our clients we provide commercial advice on the exploitation and use of Intellectual Property Rights and ancillary issues arising in relation to data protection and rights of privacy.

EIP has represented clients in hundreds of oppositions before the EPO over the past two decades and represent clients in person at hearings at the EPO in Munich, The Hague and Berlin, as well as via videoconference hearings.

The firm’s integrated team of patent attorneys, litigators and paralegals can act in national court litigation alongside EPO opposition proceedings for a seamless, consistent and effective service.

EIP’s litigation team has built a strong reputation for quality and success among its competitors and clients.

Clients

EIP has a diverse international client base advising blue-chip companies through to small and mid-sized enterprises. Clients include VISA, Airbus, AP Moller-Maersk, Vestel, Sonos, Broadcom and PanOptis.

Clients choose EIP for its commercial outlook, in-house experience, honest opinions and pioneering approach to dealing with patents. Our attorneys and lawyers have considerable technical knowledge in the areas of high tech, advanced engineering, chemistry, life sciences, biotechnology, pharmaceuticals, healthcare, medical technology and energy.

Firm overview

EIP was established in 2000 and has rapidly grown to be a leading IP firm with 29 partners and more than 170 staff practising from its four UK offices in Bath, Cardiff, Leeds and London, its US office in Denver, Colorado and its German office in Düsseldorf.

In 2021 EIP was named “Firm of the Year for Patent Litigation” for the fourth year in a row by Managing Intellectual Property. EIP is a Legal 500, Chambers & Partners, IAM Patent 1000, IP Stars, and JUVE recommended firm as well as being recognised in the FT list of Europe’s Leading Patent Law Firms.

Notable cases

EIP has built an enviable reputation in patent litigation and has won the following high-profile cases for clients:

  • EIP secured a landmark victory in the UK Supreme Court for its clients Unwired Planet and Conversant Wireless, in Unwired Planet v Huawei and Conversant Wireless v Huawei & ZTE – the most eagerly anticipated telecoms cases in years. The Supreme Court’s combined ruling defines the licensing of patented technology considered essential to the international standards for previous and future generations of wireless telecommunications technology. 
  • EIP secured a significant victory for client Conversant Wireless in Germany. EIP successfully asserted a standard essential patent (SEP) for Conversant against Stuttgart carmaker Daimler in a dispute that will have repercussions across the sector.
  • EIP obtained a victory in the Düsseldorf District Court for its client Conversant Wireless in two patent infringement decisions against Huawei and ZTE. The Court affirmed infringement of two 3G-related SEPs by Huawei and ZTE products. Subject to enforcement, the ruling awarded, among other things, an injunction against both companies, confirming a previous but non-accepted licence offer by Conversant as fair, reasonable and non-discriminatory.
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