Top patent partner and judge moves 2023

With 2023 the year in which the UPC finally roared into life, it is no surprise that the European patent market has seen multiple patent partner and judicial changes in its major jurisdictions. Patent lawyers and patent attorneys alike became more secure in making major decisions which could impact their future career trajectory. On the other hand, firms demonstrated their willingness to secure cross-border expertise and demonstrate to clients their readiness for what the UPC might bring.

The German market launched 2023 with several major changes. Then, in the spring, the Dutch patent market brought the goods in terms of moves, with multiple partner developments in the space of a few weeks. But, despite having no official UPC division, the UK was keen to make itself known among its competitors. London’s patent litigation firms developed strategies in order to get their feet under the UPC table, including hiring patent attorneys and opening offices in Dublin.

James Marshall

While the French patent market was somewhat quieter, a couple of interesting moves got the market talking. Perhaps most important was that which occurred on a judicial level: after five years at the Tribunal Judiciaire in Paris, judge Nathalie Sabotier moved to the French Supreme Court.

Changes were also afoot in the UK at Supreme Court level.

Market moves in London

While all eyes were on Europe for the UPC, market moves in London certainly left an impact. In February, highly regarded patent attorney Kristina Cornish joined the London office of Pinsent Masons, in a move towards a mixed-firm model. She is a partner in its life sciences team and one of the first patent attorney partners at the firm in London.

The firm then showed clear signs of expanding its so far minimal telecommunication practice through its hire of James Marshall, previously a senior partner at Taylor Wessing. Thus, while Pinsent Masons has previously mostly focused on expanding its life sciences litigation practice, the firm is demonstrating its desire to develop in other areas. On the other hand, one of the last moves to be announced in 2023 was that of Nicole Jadeja from Pinsent Masons to Bird & Bird. Jadeja, who is highly regarded in life sciences, will bolster this side of the firm’s patent partnership.

At the capital’s boutiques, Matt Jones left EIP to develop the patent litigation practice at RPC. On the barrister side, junior patent barrister moved from chancery specialist set Hogarth Chambers to 11 South Square, which has a stronger focus on patent law. Although barrister moves between chambers are relatively unusual, 2022 also saw the move of Justin Turner from Three New Square to 8 New Square. After over 20 years, Jamie Rowlands also left Gowling WLG for mixed firm, Haseltine Lake Kempner.

Katie Coltart

US firms make changes in London

Elsewhere, Katie Coltart moved from Kirkland & Ellis to international firm Linklaters. Coltart was part of the group of young partners who joined the London office of the US firm alongside senior partner Nicola Dagg in 2018.

David Lancaster left Pinsent Masons to join the London office of US firm Quinn Emanuel Urquhart Sullivan. Lancaster is a qualified barrister in England and Wales, and Ireland, with a technical background in biochemistry. Alongside Quinn’s strong German offering, Lancaster is poised to advise clients at the UPC.

Revolving door in the Netherlands

In April 2022, Hogan Lovells lost its most senior patent litigator Klaas Bisschop to the Court of Appeal in Amsterdam. As a result, Hogan Lovells had to rebuild at partner level and in April 2023 hired Gertjan Kuipers, who had previously spent 27 years at De Brauw building up the firm’s patent practice. But the firm responded in kind, hiring Anne Marie Verschuur as a partner from Nauta Dutilh.

Gertjan Kuipers

Another national full-service firm in the Netherlands also recently experienced a change. In February 2023, Marleen van den Horst, one of the Netherlands’ most established patent litigators, moved from BarentsKrans to a partner position at La Gro Geelkerken Advocaten to build up the firm’s patent practice. She previously spent 33 years at BarentsKrans, including 27 as partner.

In May, former De Brauw Blackstone Westbroek lawyer Carlos van Staveren joined the firm as counsel, while it promoted Peter van Gemert to partner. Both of these developments followed respected senior partner Armand Killan leaving the partnership. Both van Staveren and van Gemert are especially well-versed in cases concerning mobile communication. Pinsent Masons also lost Machteld Hiemstra, who returned to Simmons & Simmons, as well as Andras Kupecz to the UPC.

Hamburg on the map

Last year concluded with lots of movement at IP firm Bardehle Pagenberg. Firstly, the firm announced that well-known patent litigator Tobias Wuttke had moved from Meissner Bolte to Bardehle’s Munich office.

Wuttke, who joined the IP firm as equity partner, has extensive experience in mobile communications litigation, including work for Deutsche Telekom.

The following day, the firm announced the opening of a Hamburg office in spring 2023 with partners Volkmar Henke and Tilman Müller, as well as one associate. All joined on 1 March from Eisenführ Speiser.

Tobias Wuttke

The mixed IP firm responded in kind by strengthening its Munich office with the mixed litigation team of lawyer Philipp Rastemborski and patent attorney Florian Henke. Both lawyers joined from Meissner Bolte. Then, at the end of June, Eisenführ Speiser also announced the addition of Philipp Neels, previously partner at Ampersand, to its patent litigation practice in Hamburg.

Towards the end of the year, yet another team – this time at Allen & Overy – also strengthened its team in Hamburg. Anna Wolters-Höhne, formerly a partner at Bird & Bird, returned to patent litigation after a two-year break. She joined Allen & Overy as partner.

Over the border in Austria, patent litigator Thomas Adocker joined Taylor Wessing at the beginning of the month. Adocker, who joined to build up the patent practice at the international law firm in Vienna, was most recently a partner at IP firm Schwarz Schönherr.

Quieter in France

In France, Thierry Lautier moved from the Reed Smith patent litigation practice in Paris to join the team at Bird & Bird. With his legal and engineering background in optics and electronics, he works for companies in the digital communication and automotive industries, among others.

The year began with Plasseraud also expanding its litigation practice as Sandrine Bouvier-Ravon moved from Cousin & Associés to one of the largest French IP firms. Plasseraud has relied on a mixed team since 2021.

Top partner moves in 2023:

January: Plasseraud strengthens litigation practice with Cousin & Associés hire
February: Pinsent Masons hires renowned patent attorney to strengthen UPC offering
March: Marleen van den Horst joins LGGA to develop patent practice in The Hague
March: Hogan Lovells recruits leading De Brauw partner in Amsterdam
April: RPC builds up London patent team with EIP partner hire
April: Taylor Wessing launches Vienna patent practice with Schwarz Schönherr partner
May: Haseltine Lake Kempner grows patent litigation team with Gowling partner
June: Eisenführ Speiser hires Ampersand partner to rebuild Hamburg team
July: Eisenführ Speiser continues to rebuild patent team across Germany
September: Bird & Bird strengthens Paris patent litigation practice
September: Pinsent Masons hires senior patent partner from Taylor Wessing
October: Kirkland & Ellis patent partner makes lateral move to Linklaters
November: 11 South Square adds barrister from Hogarth to its ranks
December: Thum IP opens office at Lake Constance with Daub patent attorney
December: Former Bird & Bird life sciences partner joins Allen & Overy

Sabotier moves to highest instance

Nathalie Sabotier

After five years at the Tribunal Judiciaire in Paris, renowned IP judge Nathalie Sabotier moved to the French Supreme Court (Cour de Cassation) in September this year. She has taken a position at the Chamber of Commerce, Economics and Finance, which hears IP cases, among others.

In her former role as 1st vice president and presiding judge at the 3rd chamber of the first instance court, which is responsible for IP, she gathered extensive experiences with numerous patent disputes over complex mobile communication such as Nokia against Oppo, pharma such as Teva against BMS or medical device patents as in Insulet against Medtrum.

She presided over the multi-party infringement proceedings in the Intellectual Ventures against numerous defendants over SEPs, one of the biggest patent battles in France.

In a survey by JUVE Patent in 2022, Nathalie Sabotier was voted one of the most respected and liked patent judges in France. Patent experts view her as open-minded and particularly well-informed about pan-European jurisprudence in patent cases. French patent attorneys particularly appreciated her transparency in the organisation and publication of judgments. Furthermore, her role in the international patent scene was confirmed when the French government seconded Sabotier to the expert committee for the establishment of the UPC’s judicial structures.

Renowned judges retire

In February, patent-specialist Supreme Court judge David Kitchin announced his retirement from the judiciary, where he had presided over a variety of cases at different instances, including FRAND and transgenic mouse technology. Kitchin, who began his career as a barrister, has been a judge since 2005. He was proceeded by Ingrid Ann Simler, who is the second woman to be appointed to the UK Supreme Court.

Thomas Kühnen

Another retirement was also announced, this time by Thomas Kühnen. In typical fashion, his last day of hearings saw the former presiding judge of the patent senate at Düsseldorf’s Higher Regional Court get to grips with the legally complex damages lawsuit between Teva and Mylan dura. Kühnen has been presiding judge of the court’s 2nd Civil Senate, which specialises in patent cases, since 2008.

In 2017, he topped the JUVE ranking as Germany’s best-known patent judge – in fact, lawyers reverently refer to the senate he leads as “the real Federal Court of Justice.”

UPC heats up

At the beginning of May, András Kupecz confirmed to JUVE Patent that he had departed Pinsent Masons in Amsterdam in order to fully focus on his role as a part-time UPC judge. The UPC had already appointed Kupecz as a technically qualified judge for biotech patents in October 2022. He is dual qualified as a Dutch and European patent attorney, and as a litigator. Kupecz is now active at the UPC’s central division as a legally qualified judge.

Furthermore, the year began with Oliver Schön taking over as head of the 7th Civil Chamber of the Munich Regional Court. The chamber is the oldest of the three patent chambers at the Munich Regional Court where it has gained a global reputation for mobile phone lawsuits.

Under Schön’s predecessor Matthias Zigann, the chamber attracted particular attention for its uncompromising stance on anti-anti-suit injunctions. Zigann had moved to the Munich Higher Regional Court at the end of October 2022 and became a judge at the Munich-based local chamber of the UPC.

Between companies

On the in-house side, too, the market continued to be active. In January, Apple hired its own IP litigation expert in Europe after former DLA Piper lawyer Sonja Bohusch joined the iPhone manufacturer on 1 January 2023. She had spent one year on secondment with the company prior to her move – for example, she provided support for Apple in the European proceedings in the intensive dispute with Ericsson. Also in January, Sandoz has announced Kit Carter, previously a senior associate at Pinsent Masons, as its new global head of IP litigation.

August was also a busy month, with multiple in-house moves making the headlines. Sara Burghart joined British American Tobacco from Sandoz, as its senior counsel for patent litigation, while Christian Reinders was announced as the new senior director IP at Garrett Advancing Motion. BioNTech also appointed James Ryan to its board of directors as chief legal officer.

Later in the year, Convida Wireless appointed Matteo Sabattini as its president and chief licensing officer. His previous roles include leading positions at Sisvel Group, InterDigital and most recently director IP policy at Ericsson.