JUVE Comment

Bristows remains a top choice for clients pursuing patent litigation in UK courts, particularly in life sciences disputes. Bristows’ lawyers were also involved in the UK proceedings of significant global SEP disputes for Panasonic and Philips. However, because the firm has not played quite as central a role in battles over interim portfolio licences as Kirkland & Ellis, some observers suggest the firm has ceded ground to its US rival as well as its fellow traditional UK market leader Powell Gilbert.

The firm’s patent practice rests on exceptionally solid foundations that will not easily be undermined. Beyond an impressive client roster — which its two main competitors can also claim — Bristows boasts a large team of highly active partners, something Kirkland & Ellis has yet to develop.

The firm undeniably sits at the market’s apex for life sciences litigation, led by partners such as Dominic Adair, Andrew Bowler, and Brian Cordery. This position is reinforced by multiple campaigns for long-standing client Novartis in both UK courts and at the UPC. The partners also regularly represent generic drug manufacturers including Sandoz and Teva in pharmaceutical cases.

Another cornerstone of the firm’s robust foundation is its broad technical expertise, demonstrated by its representing AMI Industries at the UK High Court concerning aircraft ejection seats.

European set-up

Many observers expected Bristows to take a leading role in UPC proceedings from the outset. However, this has not yet materialised. More UPC work will likely prove crucial for the firm to maintain its position among the elite practices in its home market.

With an office in Brussels, Bristows has secured a foothold in the EU for regulatory issues and unfair competition advice, as well as UPC work. Partner Gregory Bacon, who is a registered UPC representative, is leading the firm’s first UPC case at the The Hague local division. The suit concerns food waste management technology for client Winnow Solutions.

The firm had a notably slower start at the UPC compared to its key competitor Powell Gilbert, despite significant advance preparation. This included opening a Dublin office where 21 of its UK solicitors gained admission to practice. However, Bristows began to gain traction in 2024 when regular client Novartis instructed the firm to defend against a declaration of non-infringement action brought by Accord before the central division in Milan.

Bristows looks set to become a significant player at the UPC in the long term, particularly if its strong pharmaceutical client base increases its engagement with the court. In pan-European cases, the UK patent team frequently coordinates parallel proceedings across the continent, especially in pharmaceutical and SEP disputes. The firm maintains non-exclusive relationships with numerous IP practices throughout Europe.

Strengths

Litigation in mobile communications for SEP holders, including FRAND. Pharma litigation, especially regarding antibodies and SPCs, including regulatory work.

Recommended individuals

Dominic Adair (“strong litigation skills and involvement in technically complex proceedings, especially in life sciences”, competitor), Gregory Bacon (“excellent in presenting legal arguments”, competitor), Andrew Bowler (“smart strategist, easy to work with”, competitor), Robert Burrows (“super experienced in coordinating patent disputes”, competitor), Brian Cordery (“always offers very high quality advice”, competitor), Liz Cohen, Myles Jelf, Richard Pinckney

Team

41 lawyers, 1 patent attorney

Partner moves

Gemma Barrett (to A&O Shearman in 2024)

Clients

Litigation: EoFlow against Insulet over medical devices; Novartis and Genentech against Celltrion over asthma treatment drug omalizumab/Xolair; Sandoz and Polpharma against Biogen over multiple sclerosis treatment Tecfidera; Teva against Bayer over anticoagulant rivaroxaban/Xarelto; Panasonic against Xiaomi and Oppo over patents relevant for the WCDMA and LTE standards (settled 2024); Philips against Oppo, OnePlus and Realme over SEPs (settled 2024); Texas Instruments against Networks System Technologies over semiconductors (ended 2024); Scientific Drilling against Gyrodata over oil-well drilling (settled in 2024); AMI Industries against Martin-Baker Aircraft over aircraft ejection seats. Advice: AstraZeneca over global licence agreement with Nona Biosciences regarding tumour therapy; GSK on strategic collaboration with Relation for validation of novel therapies for fibrotic diseases.