JUVE Comment

The solid London patent team at Anglo-Canadian firm Gowling continues to build its reputation as a go-to practice for high-profile patent litigation in the UK courts. The team, led by Alexandra Brodie, maintains its strong presence in SEP portfolio licence disputes. As in previous years, it has been one of the most active firms in the UK market alongside InterDigital. Its work for SEP holders led to a landmark UK Court of Appeal judgment in mid-2024 on FRAND-rate setting in the dispute with Lenovo. The firm also represents the client in a case against Tesla regarding FRAND rates for pool licences. Only Kirkland & Ellis currently appears more frequently in such significant cases.

Paul Inman remains highly active in life sciences disputes, handling important cases for GSK over RSV vaccines and representing generic drug manufacturer Neurim concerning insomnia drug Circadin. Huw Evans’ work for Molecular Instruments in the UK patent courts concerning RNA-sequencing technology complements the firm’s broad life sciences practice.

Most notably, the patent team has successfully diversified its technical expertise in recent years. Its work now spans from vacuum-cleaning technology for long-standing client Dyson through SEP and life sciences disputes to military technology for the University of Southampton and green tech for Kandevia Inova.

However, the patent team continues to face challenges with partner retention. Recent departures include Jenny Davies to Cooley and Matt Hervey to Human Native AI. The latter was the face of Gowling’s AI practice, though his move could yield further client work for the existing AI practice. Despite these partner moves, Gowling maintains a stable core team with Brodie, Evans and Inman.

European set-up

Gowling was not among the most active firms at the UPC in its initial months. This stems partly from the firm’s historical challenge in building a strong continental European practice. While the firm strengthened its Paris office with a prominent IP partner in mid-2024, a similar move in Germany appears essential if Gowling aims to compete with rivals such as Hogan Lovells or Taylor Wessing at the European level.

The UK team’s capabilities in international patent disputes are evident in its sole active UPC case for Molecular Instruments at the local division The Hague. Although its two UK cases for Dyson and GlaxoSmithKline also have UPC elements, other firms handle the UPC proceedings. The firm’s strongest credentials for pan-European disputes lie in its partners’ extensive experience representing SEP holders such as InterDigital in the mobile communications sector, as well as generic drug manufacturers in pharmaceutical disputes.

Strengths

Mobile communications disputes for SEP holders, including FRAND issues.

Recommended individuals

Alexandra Brodie (“excellent quality and service”, “hardworking, responsive and excellent client focus”, competitors), Michael Carter, Huw Evans (“good team leadership and litigation vision, strong collaboration skills with other important jurisdictions such as the US and China”, client), Paul Inman

Team

30 lawyers

Partner moves

Matt Hervey (to Human Native AI in 2024), Jenny Davies (to Cooley in 2024)

Clients

Litigation: InterDigital against Tesla over SEP portfolio licence; InterDigital against Lenovo/Motorola over mobile communications, including FRAND (ended in 2024); Dyson against SharkNinja over hair-cutting technology (settled in 2024); Neurim against Viatris in damages claim over insomnia drug Circadin; Molecular Instruments against Advanced Cell Diagnostics over RNA-sequencing technology; GlaxoSmithKline against Pfizer regarding RSV vaccine; Kandevia Inova against Enpro Schweiz over waste-to-energy and renewable gas technology; University of Southampton against Windracers over drones. Advice: Unilever over R&D agreements; Isomorphic on strategic research collaboration with Eli Lilly over small molecule therapies; Seiko Epson on enforcement strategy regarding printers and cartridges.