JUVE Comment

For this international law firm, the investments of recent years in the German patent litigation team have paid off, as evidenced by its strong position in UPC proceedings involving electronics and mobile communications patents. In the UPC’s initial months, the firm was heavily involved in proceedings concerning semiconductors and mobile communications for Samsung and Nokia. Some of the proceedings were quickly settled out of court, such as Samsung Electronics’ and Samsung Semiconductors’ dispute with Network Systems Technologies, and the dispute between Nokia and Verifone. Nevertheless, the German team demonstrated its strength in antitrust law and FRAND. Above all, it succeeded in transferring two important regular clients to UPC proceedings. New clients such as DISH Media/Sling TV have also entrusted the team with video streaming cases.

Over several years, A&O Shearman has poached younger partners from other law firms in Düsseldorf and Munich and forged them into a powerful team. The firm appointed Denise Benz as partner in 2023; she is currently the most visible of the three German partners at the UPC. However, given the national market positions and good client contacts of the teams in Germany and France, it is surprising A&O Shearman did not get off to a more intensive start. But so far, the Paris team, with its strong focus on pharmaceutical originators, has been preparing new lawsuits in the background with other A&O Shearman teams and has not yet shown its potential with its own UPC cases.

There is room for improvement when it comes to the cooperation between the German and Parisian partners, or even the strong London team, in comparison to competitors such as Bird & Bird. The German partners are currently working more closely with the small Amsterdam IP team at the UPC. It remains to be seen whether the European practice will be able to realise its huge potential with pharmaceutical originators such as Bayer, MSD and Eli Lilly if these decide to make greater use of the UPC. Additional potential also lies with US clients, to which the European team has gained greater access through the merger with Shearman in 2024, but which are still hesitant about the new court.

Strengths

UPC cases concerning electronics and mobile communications.

Recommended individuals

Denise Benz (“her written pleadings are all well-founded”, client; “very competent lawyer”, competitor)

Team

19 lawyers, 4 patent attorneys, 1 dual qualified

Partner moves

Anna Wolters-Höhne (from own firm in 2023)

Clients

Samsung Electronics against Headwater Research over mobile communications; Dish technologies against Aylo over adaptive bit rates for video streaming; Samsung Electronics and Samsung Semiconductors against Network Systems Technologies over semiconductors (settled 2024); Nokia against Verifone and CCV over SEPs for POS terminals (settled in 2024).