JUVE Comment

The patent litigation team of this international law firm continues to hold a strong position in UPC proceedings involving electronics and mobile communications patents. The German tech team, led by Denise Benz and Jan Ebersohl, remains particularly active in disputes at the new court. Notable cases include Dish against Aylo concerning video streaming. The German team also collaborates with Ropsatt in one of Europe’s largest SEP battles, representing long-standing client Samsung against ZTE. The Paris team is also involved, advising on ETSI’s responsibility regarding its IPR Policy. Despite A&O Shearman having established patent litigation teams in France, Germany, the Netherlands, Poland, and the UK with well-known regular clients, the firm deploys international teams less frequently compared to competitors such as Bird & Bird. There is room for improvement, particularly in the collaboration between German and Parisian partners, as well as with the strong London team. Currently, the German partners are working more closely with the small Amsterdam IP team at the UPC.

A&O Shearman’s growth strategy has recently faced some setbacks. The departure of renowned Paris partner David Por to Clifford Chance was a significant loss, given his experience in both SEP/FRAND and pharmaceutical litigation.

Meanwhile, the firm’s highly regarded pharmaceutical practice, traditionally strong in coordinating pan-European litigation at national courts, has taken a notable first step into UPC work by filing the first-ever SPC suit for Merz Pharmaceuticals. This case, led by the Paris team alongside Carpmaels & Ransford, could serve as a springboard to transfer its in-depth experience in pan-European pharmaceutical litigation to the new court. It remains to be seen whether the European practice will be able to realise its considerable 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.

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

17 lawyers, 5 patent attorneys, 1 dual qualified

Partner moves

David Por (to Clifford Chance), Anna Wolters-Höhne (to Bird & Bird)

Clients

DISH Technologies, Sling TV against Aylo over adaptive bit rate video streaming; Merz Pharmaceuticals against Viatris over multiple sclerosis drug fampridine/Fampyra; Samsung Electronics against ZTE over 4G and 5G mobile communications standards; Samsung Electronics against Headwater Research over consumer electronics (settled in 2025).