JUVE Comment

This mixed law firm remains one of the most visible UK firms at the UPC. It currently deploys its substantial patent attorney team at the European court, skilfully leveraging its strong position in the life sciences industry to secure a presence in a small number of high-volume cases. Jonathan Stafford, who previously conducted EPO oppositions for Meril Life Sciences, is heavily involved in UPC cases against Edwards Lifesciences regarding heart valves. Although Hogan Lovells acts as main representative, this fierce dispute between the two competitors ensures Marks & Clerk maintains significant visibility in UPC proceedings. Additionally, a mixed team represented Pfizer in national and UPC disputes with GSK concerning RSV vaccines. Until the dispute settled in April 2025, Marks & Clerk’s patent attorneys collaborated with Clifford Chance as lead counsel in the UPC cases.

Marks & Clerk’s lawyers were limited to acting as lead counsel for the UK case while providing support in the UPC cases. However, the firm aims to handle such cases as a one-stop shop with a mixed approach, particularly as pharmaceutical industry confidence in the UPC grows. The firm’s current advisory work for companies in this sector suggests increased presence in UPC cases is likely. To represent clients with mixed teams, establishing a Dublin office would provide the lawyers with UPC representation rights. UK competitors such as Powell Gilbert and Carpmaels & Ransford have achieved greater success with this approach than other UK patent firms entering the UPC arena.

Strengths

Pharma and medical devices disputes.

Recommended individuals

Jonathan Stafford (“great technical knowledge”, “very convincing in court”, competitors)

Team

77 patent attorneys

Clients

Meril Life Sciences against Edwards Lifesciences in various cases over heart valves; Sumi Agro against Syngenta over herbicides; Pfizer against GSK over features of RSV vaccines (settled 2025).