JUVE Comment

Like many other IP firms of its size, this boutique is well positioned in patent litigation for clients in a broad range of industries, mainly SMEs and the French branches of international companies. Experienced litigator Emmanuel de Marcellus frequently litigates for smaller, specialised companies or individuals against major corporations. He advised patent holder Ferid Allani in a dispute against Google and Apple over mobile operating systems, substantially raising the law firm’s visibility in telecommunications.

However, the small boutique is known in the market solely for its vast litigation experience rather than its expertise in certain technical fields. There is a slight focus, however, on advising and litigating for companies from the security and defence sector, as well as the automotive industry. The team is litigating for medical device company Safe Orthopaedics but is seldom seen in high-profile pharma battles.

Strengths

Patent litigation and advice to clients in security and defence.

European set-up

The small boutique has strong ties to French clients and the local branches of international companies. The team is sometimes seen in the French part of pan-European proceedings for these clients, such as for Safe Orthopaedics, which is conducting parallel suits in France and Germany. In such cases the team joins forces with law firms abroad. De Marcellus & Disser does not, however, have any established, let alone exclusive connections to firms in other European countries.

With the upcoming UPC, the IP boutique might reconsider its strategy to remain independent. Building stronger ties with firms in important locations for patent litigation could be wise, not least because with a headcount of only three lawyers, the small team lacks the necessary clout for litigation at the UPC. Thanks to its extensive experience in patent litigation, de Marcellus & Disser would be an interesting cooperation candidate for firms outside France that have no or only weak litigation practices in Paris. For potential partnerships, however, the firm will have to compete with other French IP boutiques that are also opting for independence and non-exclusive contacts.

Recommended individuals

Emmanuel de Marcellus (“good in litigation”, competitor)

Team

3 lawyers

Specialties

Strategic background advice and licensing work.

Clients

Litigation: Ferid Allani (claimant) against Google and Apple over mobile operating systems; Safe Orthopaedics (claimant) against Neo Medical over medical devices; Agora Opinion (claimant) against Evalandgo and Sectronic over rating tools; AMR (defendant) against Iross over wood-cutting machinery; Dorel (defendant) against BB Design and Ningbo Transtek Automotive Products over children’s car seats (all public knowledge).