Carpmaels next UK firm to expand in Germany

Niels Hölder (54) and Mike Gruber (42) are moving to Carpmaels & Ransford. As the firm’s first German lawyers, they will expand the Munich office into a full-service location. Until now, the UK patent attorneys have mainly used the Munich outpost for EPO proceedings. The firm aims to enter the German patent litigation market while strengthening its position in UPC litigation.

Hölder and Gruber are joining from Hoffmann Eitle. Like Carpmaels, the mixed Munich firm has established a strong position in life sciences through its patent attorneys and small lawyer team. Both firms have recognised market-leading patent attorney practices in the pharma and biotech sector.

At present, Hölder and Gruber are working alongside Carpmaels for Sanofi and Regeneron against Amgen regarding cholesterol-lowering drugs Praluent and Repatha at the UPC.

While the Hoffmann Eitle litigators are leading the infringement proceedings, Carpmaels patent attorneys are handling the technical trials. In June 2023, they jointly filed the first UPC revocation action against an Amgen patent on behalf of Sanofi. Another firm is also involved.

The two laterals have worked closely with Carpmaels for over two years. Gruber, an associate partner at Hoffmann Eitle, takes up his new position as partner at Carpmaels today, while Hölder, currently equity partner at Hoffmann Eitle, will join Carpmaels as partner at the turn of the year.

The British are coming

In 2013, long before the UPC kicked off, EIP opened an office in Düsseldorf. But due to Brexit, UK patent firms focused on their home market for a long time. However, most recently Powell Gilbert took on Vossius partner Andreas Kramer and opened a Düsseldorf office. The London firm made a good start at the UPC but sought a foothold in Germany.

Following its own UPC success, the Carpmaels partners decided to expand the litigation practice late last year. They first hired London Simmons & Simmons partner Andrew Hutchinson, plus a counsel and senior associate. Now they have turned their attention to Germany.

Carpmaels has operated a mixed practice since 2014, but the lawyers around Ian Kirby in the patent attorney-dominated firm have always been based in London. The firm has over 90 qualified UPC representatives and more than 20 litigators experienced in national and UPC litigation.

Brexit has complicated UPC access for UK firms. Many, including Carpmaels, have opened Dublin offices. While European patent attorneys qualify directly as UPC representatives, UK lawyers lack this authorisation.

Carpmaels therefore hired London-based litigator Agathe Michel-de Cazotte in September 2022. Her French Bar qualification and German court experience secured her direct UPC access.

UPC focus

As UPC cases accumulate at the German local division, where German firms dominate, firms like Powell Gilbert and Carpmaels must compete with German lawyers and thus also penetrate the national litigation market.

Carpmaels outlined its strategy in a statement: “This strategic growth includes the relocation of Carpmaels’ Germany office to a larger site in the centre of Munich which will accommodate an expanding team of German attorneys, litigators and support services.”

Ian Kirby, partner and head of dispute resolution says, “Our expansion in Germany marks the next phase in the growth of our litigation practice. Since founding the team in 2014, our vision has been to build a truly integrated practice which could handle parallel disputes in the EPO, UPC and UK courts, while coordinating national actions across Europe.”

Kirby adds, “Although the landscape has changed significantly since then, we have remained committed to developing a deep and talented bench of EPO advocates and European litigators focused on UPC work.”

Senior partner Hugh Goodfellow says, “Niels and Mike will play an important role in our growing European capability, at a time when clients are increasingly looking to us for contentious services at the UPC, as well as in European and global matters.”

Hölder and Gruber will likely continue representing Sanofi under Carpmaels. Hoffmann Eitle may also continue advising Sanofi, as patent attorney Gregor König works with the pharmaceutical company.

Hoffmann Eitle plans reinforcement

The departures come at an awkward time for Hoffmann Eitle. Hölder particularly was seen as the most prominent patent litigator in the small team, which now comprises nine lawyers.

At the start of the year, the majority of patent attorney outfit König Szynka Tilmann von Renesse joined the firm. Its patent attorneys, especially name partner Gregor König, bring significant litigation experience. The addition aimed partly at increasing UPC work.

Hoffmann Eitle reports involvement in over 30 UPC proceedings via its lawyers or patent attorneys. This includes work for Sanofi against Amgen, and Moderna against Arbutus regarding mRNA patents. The firm also represents Asus and Epson in electronics and mobile communications cases.

Following news of the departures, Hoffmann Eitle told JUVE Patent it would soon announce new lateral hires for its litigation team.