JUVE Comment

This IP boutique enjoys a strong name in patent litigation spanning a broad technical spectrum. Its mixed approach leads to activity in both national infringement and nullity suits and in EPO oppositions. Midsized European companies like Normalu and Cayago ensure a steady flow of litigation work. The representation of mobile service provider SFR and pharma company ViiV also put the team on the map for proceedings in the very litigious sectors telecommunications and life sciences. This has drawn the attention of other companies from related sectors which are now banking on Loyer & Abello and can benefit from the close cooperation between its litigators and patent attorneys. The latter also operate a small prosecution practice, whose clients frequently call on the firm for litigation as well, among them Manitou. There lies a great deal of unexploited potential in these internal referrals, especially in the life sciences and IT sectors, where the patent attorneys have been ramping up activity for years for such clients as Hanfang Pharmaceutical and Technoderma Medicines or Minds Lab and Kerlink respectively.

Meanwhile, a generation change is occurring at Loyer & Abello. Partner Guillaume Dubos is playing the lead role in litigation more and more often. The team also bolstered its associate headcount with three young patent attorneys, two focusing on IT and one with a physics and chemistry background. Loyer & Abello is thus pressing ahead with its generational change, aiming for a blend of technical and legal expertise.

Name partner Michel Abello is dual qualified as a lawyer and patent attorney and the firm supports its patent attorneys in acquiring a degree in law. This should pay dividends when it comes to UPC cases.

Strengths

Parallel litigation before national courts and in EPO oppositions. Mixed team with broad technical expertise.

European set-up

With its mixed set-up and experience in litigation before national courts as well as the EPO, the team ticks all the boxes to litigate before the UPC. Loyer & Abello is no novice in the coordination of cross-border litigation either. With a large team compared to others in the market, the patent practice is also in an excellent position to cope with the heavy workload brought by the UPC’s strict deadlines. But Loyer & Abello has not worked on any UPC proceedings yet. The firm has the only active, dual-qualified lawyer appointed as a technically qualified UPC judge in its ranks in Michel Abello.

On the one hand, the boutique is part of a European law firm network with members in Germany, Italy, the Netherlands, Belgium, Switzerland and Luxembourg, that is geared towards UPC cooperation. Nevertheless, there has not been any notable progress in the first few months of the new court. The firm’s client base, on the other hand, harbours potential for a stronger presence at the UPC, as this is largely made up of midsized companies holding mechanics and electronics patents – precisely the target group most active at the new court so far. Many Asian companies, to whom the patent attorneys have strong connections, are also showing great interest in the UPC already.

Recommended individuals

Michel Abello, Guillaume Dubos (“talented”, competitor)

Team

6 lawyers, 5 patent attorneys, 2 dual qualified

Specialties

All-round advice and litigation in all IP matters.

Clients

Litigation: SFR (defendant) against Intellectual Ventures over SEPs for DSL; Manitou (defendant) against Bamford over excavators; Cayago (claimant) against Iaqua over seabobs; ViiV Healthcare (claimant) against Biogaran over SPC for HIV treatment (ended 2023); Arka Ouest (claimant) against Visiolab over real estate software; Fibertex (defendant) against Cap Systems over performance materials; Normalu (defendant) in nullity action against Newmat over wall and ceiling structures. EPO oppositions: Citel (opponent) against Dehn over surge protection technology.