JUVE Comment

This London-based litigation firm was an early supporter of the UPC and quickly demonstrated why it is one of the best-known patent litigation outfits in Europe. The firm’s partners are involved in various UPC disputes, which they usually conduct with local advisors. In individual cases, however, they are also active without partner law firms from other UPC countries, such as for City Glass and Glazing. In addition, Powell Gilbert’s partners often coordinate major proceedings, such as those of Edwards Lifesciences vs Meril Life Sciences regarding heart valves or AIM Sport vs Supponor regarding electronic perimeter advertising in stadiums. These are playing out at several UPC venues throughout Europe.

Defending its central position in the coordination of pan-European proceedings, while securing a decent piece of the UPC pie, were two important drivers for the London firm, which quickly opted for the Irish route after Brexit. It opened an office in Dublin, where 15 of its lawyers now have Irish and thus also UPC admission. Competitors still consider this a risky strategy while the ratification of the UPC Agreement in Ireland is delayed. Even in the UPC courtroom, the authority of Powell Gilbert lawyers to represent clients has already been publicly questioned. However, the UPC judges have not addressed this, which Powell Gilbert sees as proof it has taken the right step. It recently obtained important positive decisions for clients AIM Sport and Edwards Lifescience. The two cases are prime examples of the firm’s UPC strategy of cooperating with several local advisors. For Edwards, these are Bird & Bird and Thum IP, while Roschier, Noerr and Rospatt Osten Pross co-represent AIM Sport. Powell Gilbert also represented Ocado in its dispute with AutoStore together with three other law firms until the parties settled.

Powell Gilbert maintains close relationships with many continental law firms, but without becoming more closely tied to any of them. This strategy has made it the most successful London firm at the UPC, with significantly more cases than its rival Bristows. However, it is still some way behind German boutiques, notably Bardehle Pagenberg or Kather Augenstein.

Strengths

Litigation across a broad technical spectrum. Pan-European-coordination, including UPC cases.

Recommended individuals

Simon Ayrton, Siddharth Kusumakar (“great to work with, highly knowledgeable”, competitor), Ari Laakkonen (“creative thinking outside the box, sharp mind”, competitor), Bryce Matthewson, Tom Oliver, Alex Wilson (“best in coordinating international litigation, can navigate clients through the difficulties of European patent litigation”, competitor), Joel Coles (“excellent technical expertise and great commitment”, competitor)

Team

15 lawyers, 1 patent attorney

Partner moves

Tim Powell (to Morgan Lewis)

Clients

Edwards Lifesciences against Meril Life Sciences over transcatheter heart valves; AsusTech, Digital River and Arvato against Ericsson over mobile communications, including FRAND; AIM Sport Vision against Supponor over electronic perimeter advertising in sports stadiums; City Glass and Glazing against Maars Partitioning Systems over a glazing system; Bhagat Group against Oerlikon Textile over textile machines; Ocado against AutoStore over robot-assisted automation systems (settled in 2023). Advice: international coordination of national and UPC litigation for 10x Genomics against NanoString and Visgen over diagnostic devices.