JUVE Comment

The well-positioned patent team of international full-service firm CMS Cameron McKenna operates with a technically broad set-up in the UK litigation market. A group around solicitor Caitlin Heard and patent attorneys Jane Evenson and Robert Stephen has emerged as the core team driving client development.

Microsoft is currently the firm’s most important client, with partner Heard leading a case over cloud computing. The tech giant also provides steady prosecution work for the patent attorney team. This collaboration between litigators and patent attorneys for Microsoft demonstrates an integrated approach that few other London-based teams at international firms, such as Simmons & Simmons, have achieved.

A second important pillar is the work of patent attorneys Evenson and Stephen for pharmaceutical companies such as Akebia and Sanofi in EPO oppositions. The team secured its biggest success of the past year in a straw man case against one of the patents underpinning Novo Nordisk’s type 2 diabetes drug semaglutide, better known as the weight-loss drug Wegovy.

Following Toby Sears’ move to another firm, team stability will be key for maintaining pursuit of competitors such as Simmons & Simmons and Hogan Lovells.

European set-up

Various European CMS firms have deep roots among SMEs across multiple technical fields and a strong presence in the life sciences industry, providing a solid foundation. CMS Cameron McKenna plays an important role in the global CMS network. The work of UK patent attorneys in EPO opposition proceedings concerning important pharmaceutical patents has been particularly notable.

However, unlike Bird & Bird or Simmons & Simmons, which operate as integrated outfits, CMS functions as a close network alliance. This structural difference appears to impact its involvement in pan-European and UPC litigation. Neither the German nor UK practices have yet appeared before the new court. The CMS firms also play a less central role in pan-European pharmaceutical or mobile communications disputes compared to other international firms.

This is despite CMS offering similar services to its competitors. The network has offices in all key UPC locations across Europe. Within the network, the various CMS litigation teams can draw on the services of the patent prosecution practice, which is a subsidiary of British firm CMS Cameron McKenna Nabarro Olswang and thus based in London. To better leverage this potential in cross-border and UPC litigation, the teams need to present themselves more cohesively as a single unit and capitalise on the global network’s strong position in China.

Dutch firm Brinkhof and German outfit Vossius & Partner have demonstrated how to achieve success at the UPC without financial integration between firms.

Strengths

Litigation regarding mechanical tech patents. EPO oppositions regarding pharma and biotech patents.

Recommended individuals

Caitlin Heard (“great lawyer for tech disputes”, competitor); patent attorneys: Jane Evenson, Robert Stephen

Team

14 lawyers, 19 patent attorneys

Partner moves

Toby Sears (to Jones Day in 2024)

Clients

Litigation: HydraWell against Titan Torque over oil-well tooling; Microsoft against ThroughPuter over server architectures at data centres; Sainsbury’s against Nador Cott Protection over plant breeders’ right regarding fruits (settled 2024); Stockmeier Chemie against Advansix Resins & Chemicals in revocation action over painting additives; straw man opposition at EPO against Novo Nordisk over type 2 diabetes drug Rybelsus; Akebia in EPO opposition over an HIF-prolyl hydroxylase inhibitor Vafseo for treating chronic kidney disease; Sanofi in EPO opposition against Regeneron over Intelliselect transgenic platform.