JUVE Comment

The London patent litigation team has impressively worked its way up into the group of leading practices in London over the last three years. It was helped by a powerful tailwind from important UPC proceedings last year, which the pan-European practice attracted in large numbers and which usually had a UK connection. This also applies to the disputes for Abbott vs Dexcom and SiBio regarding glucose-monitoring devices and for Pfizer vs Moderna and CureVac regarding mRNA patents.

The team also recently acted for Ericsson against Lenovo/Motorola and for Oppo against InterDigital in two major portfolio licence disputes including FRAND matters. The team’s strong position is demonstrated by its remaining unfazed, despite senior patent partner James Marshall leaving the team for Pinsent Masons in 2023. Taylor Wessing was able to quickly compensate for the departure because young partners such as Michael Washbrook filled the gap and are now causing a stir alongside Ericsson and Oppo. Both Taylor Wessing and Pinsent Masons have since been jointly representing Ericsson and Oppo in UK proceedings.

European set-up

With the start of the UPC, Taylor Wessing’s European patent practice has made more impressive progress than any other international law firm. Not only is the European patent team involved in a great many proceedings, it also works remarkably harmoniously across national borders. This explicitly includes the London lawyers, who Taylor Wessing involves in UPC cases more intensively than is the case at Hogan Lovells, for example. Although the London partners have to cede the role of main representatives to the Dutch and German partners, they were and are centrally involved in major proceedings for Abbott and Ericsson.

With this approach, Taylor Wessing has got off to an ideal start at the UPC. It is one of the leading litigation practices for UPC cases. Many different clients are entrusting the pan-European practice with extensive and complex UPC actions, and medium-sized companies Hanshow and Revolt Zycling also feel that their proceedings are in good hands.

That the patent practice was already familiar with pan-European litigation was demonstrated by its involvement in major pharmaceutical disputes, such as for Pfizer, in which UK lawyers are responsible for the UK proceedings and also play a coordinating role. Generic drug manufacturers such as Glenmark or Viatris are not only advised from London, but also by the Munich partners. The work for Abbott is a prime example of the good cooperation between the teams across different jurisdictions, as the case involves lawyers from the UK, the Netherlands, Germany, Belgium, and Austria. Unlike Simmons & Simmons or Hogan Lovells, Taylor Wessing continues to refrain from setting up its own patent attorney practice.

Strengths

Pharmaceutical litigation for generics as well as originator companies. Mobile communications and FRAND.

Recommended individuals

Simon Cohen, Amanda Ebbutt, Matthew Royle, Nigel Stoate, Michael Washbrook (“excellent young partner in SEP and FRAND”, competitor),

Team

26 lawyers

Clients

Litigation: Pfizer against CureVac and Moderna over COVID-19 vaccine patents; Pfizer against UniQure over haemophilia treatment; Abbott against Dexcom over glucose-monitoring devices (settled in 2024); Abbott against SiBio Technology over glucose-monitoring devices; Viatris against Neurim and Flynn over insomnia drug Circadin, including damages enquiry; Viatris against over anticoagulant rivaroxaban/Xarelto, including damages enquiry; Ericsson against Lenovo/Motorola over global FRAND licence for cellular portfolio; OPPO, OnePlus and Realme against InterDigital over licence portfolio and FRAND; Shenzhen Senior Technology against Celgard over breach of confidence and misuse of trade secrets relating to lithium ion batteries. Advice: Apollo Therapeutics over aspects relating to drug-discovery pipeline; Cumulus Oncology on licence and collaboration agreement with leadXpro; Nyobolt on agreement with US-based robotics warehouse automation company over battery technology.