JUVE Comment

This small litigation team is established in the German market for infringement proceedings in the mobile communications sector. More often than in previous years, the IP boutique is active in more than just individual suits. The proceedings for Sonos against Google, for instance, show that EIP can win over its clients in extensive actions in the mobile communications sector. In such cross-border cases, the German team always cooperates with the strong UK practice.

Often on the claimant side, the team was very visible of late for the NPE IP Bridge against several Asian mobile communications manufacturers. The rise in referrals is also proof of good cross-border cooperation. New client Desktop Metal came via the London office. Few international patent practices are developing work between the UK and the continent as consistently as EIP at the moment. This has not worked so well, however, when it comes to representing life sciences companies.

Strengths

Litigation for NPEs concerning mobile communications, including SEPs and FRAND.

European set-up

EIP has used its success in the mobile communications sector to expand its UK practice and further strengthen its only overseas office in Düsseldorf. After the headcount of the German team saw stable development in recent years, EIP was able to transfer more client work than ever from London to Düsseldorf. With clients like Conversant, IP Bridge and Sonos, EIP is advising two prominent cross-border cases on both sides of the Channel. However, in the life sciences sector, EIP did not make nearly as much progress.

If EIP succeeds in significantly expanding its client base in the life sciences sector in the London practice, this would also be a good basis for the German team to expand its activities in this field. It could help to bring in an experienced young litigator from one of the market-leading practices that are currently entering the market in greater numbers, as the larger outfits often lack partner prospects.

With the two locations and the mixed approach of the UK team, EIP has a much better starting position for cross-border disputes and the UPC than other London boutiques with a single-office policy – especially when it comes to advising US clients in the mobile communications sector. Another location in Paris or Munich would make sense for the litigation team now. But as the UK has left the UPC, this could lead to internal discussions with the patent attorneys. The firm is no longer seeking to set up an office in Munich, the headquarters of the EPO.

Recommended individuals

Florian Schmidt-Bogatzky (“incredibly hardworking, determined and creative”, client), Christof Höhne (“absolute expert in FRAND issues”, competitor)

Team

2 partners, 5 associates

Specialties

Exclusive activity in IP with a strong focus on technical protection rights. Mainly infringement proceedings and nullity suits.

Clients

Litigation: Sonos (defendant) against Google over controls for audio systems; IP Bridge (claimant) against Huawei, Xiaomi and ZTE regarding mobile communications; Broadcom/Avago (claimant) against Netflix over video coding patents; Broadcom/Avago (defendant) against Harman Becker in nullity claim over wifi and Bluetooth in cars; Desktop Metal/Envisiontec (claimant) against Sprintray over 3D printing for dental implants (settled 2021). Advice: strategic advice to Amazon and Visa; generics manufacturer on licences.