JUVE Comment

The investments that the international law firm has been making in its pan-European patent team for many years are paying off following the launch of the UPC. The goal was always to close the gap to the European market leaders, which the firm has only partially managed in national markets, but has now achieved at the UPC. Like Taylor Wessing and Bird & Bird, Simmons & Simmons is one of the most active internationally positioned law firms at the UPC.

The firm is highly active for plaintiffs such as Network System Technologies, Oerlikon, Plant-e and G. Pohl-Boskamp GmbH & C. KG, but also represents a considerable number of defendants, such as SiBio Technology, Samsung Bioepis and Danieli Automation.

With two major proceedings for Network System Technologies concerning semiconductors, the German team around lawyer Thomas Gniadek is currently very much at the centre of Simmons & Simmons’ UPC activities. A mixed team initially filed infringement actions on behalf of the NPE against Texas Instruments, Samsung, Qualcomm, Audi, and VW over semiconductors. Meanwhile, the team is defending the NPE against a revocation action from Bentley Motors – a Volkswagen Group brand – at the central division in Paris. Here, as in other cases, the development of an integrated patent attorney practice in Amsterdam, Munich and London has proven valuable, with mixed teams also working for Samsung Bioepis, Plant-e and Pohl-Boskamp.

Not only the German office, but also the practices in Amsterdam, London and Milan contribute to Simmons & Simmons’ success. It was the Dutch team that filed Simmons & Simmons’ first suit at the UPC local division The Hague on behalf of Plant-e over technology for converting light energy into plants. Furthermore, the Italian team is involved in one of the first cases at the UPC local division Milan on behalf of Oerlikon Textile. In addition, Danieli Automation recently hired the Milan team for a dispute over machine technology, and a London team is essentially directing the proceedings for Samsung Bioepis. Only the Paris team, which was recently strengthened by August Debouzy lawyer Abdelaziz Khatab, has not yet come into its own.

In the past, Simmons & Simmons would storm to the top of the market through its internationally integrated approach across multiple offices. But at the UPC, the firm is not implementing this as often as competitors such as Bird & Bird or Taylor Wessing. A truly pan-European approach, such as that for SiBio Technology, must become the norm. In this case, a team comprising lawyers and patent attorneys from the Amsterdam, Munich, Milan, and London offices, and led by German lawyers, represented SiBio in the intensive battle against Abbott at various UPC divisions over glucose-monitoring devices.

Strengths

UPC litigation concerning mobile communications and medical devices. Well-practised litigation team.

Recommended individuals

Thomas Gniadek (“he and his team are at the forefront of UPC developments”, client), Oscar Lamme (“we see him in many Dutch UPC cases”, “provides good quality of work”, competitors)

Team

15 lawyers, 14 patent attorneys, 1 dual qualified

Partner moves

Abdelaziz Khatab (from August Debouzy in 2024)

Clients

Network System Technologies against Texas Instruments and Samsung (settled 2024), Audi, Netley, VW and Qualcomm over semiconductors; Samsung Bioepis against Alexion over biosimilar drug Soliris for the treatment of rare blood diseases; SiBio Technology and Umedwings against Abbott Diabetes care over glucose-monitoring devices; Qufora against Sauer GmbH over medical device; Plant-e against Arkyne Technologies over plant microbial fuel cells; G. Pohl-Boskamp GmbH & C. KG against Aldi, Hofer and Pharma-aktiva over lice spray; Oerlikon against Bhagat Textile, Himson Energeering over weaving machines; Danieli Automation against Primetals Technologies over winder for steel coils.