The start of the new year brings with it JUVE Patent's UK ranking 2024, in which journalist Amy Sandys and co-editor Mathieu Klos provide an overview of the latest developments in the UK patent market. London's patent courts heard several major cases concerning telecommunications and life sciences, with the UK capital once again demonstrating its leading position in determining global FRAND rates in InterDigital vs. Lenovo. While the Court of Appeal deliberated over blood-clot drug apixaban, firms flexed their muscles over other technologies including those involved in consumer products and transport. The UK's patent lawyers thus continue to demonstrate why London remains a viable alternative to the UPC.
3 January 2024 by Amy Sandys
In JUVE Patent’s UK ranking 2024, co-editor Mathieu Klos and journalist Amy Sandys present the latest developments in the UK patent market.
In a year full of changes in Europe, it would be easy to overlook what’s happening in London. But numerous FRAND and mobile communication disputes continue to shape the city’s patent courts. In early 2023, the High Court published its long-awaited judgment between InterDigital and Lenovo. While Apple and Optis battled it out at the Court of Appeal, leading to an end in proceedings, Nokia continues to face off with Oppo and, in another case, Amazon.
This year, UK patent litigation was dominated by several firms. Kirkland & Ellis, Bird & Bird and Gowling WLG were especially present across both telecommunication cases – including FRAND – and in pharmaceutical cases. In the latter category, Pinsent Masons also continued its representation of Teva in the case over apixaban, which also included Hogan Lovells, WilmerHale and Bristows. The case, which went to the Court of Appeal and is pan-European, also created an impact in the Netherlands.
But the court has also seen more decisions in other areas, for example consumer goods and medical devices. Towards the end of 2023, BAT lost a patent case against Philip Morris, while Bird & Bird prevailed for Dexcom against Abbott.
AIM Sport also went head-to-head with Supponor over advertising signs in sports stadiums, seeing Powell Gilbert and Hogan Lovells step up. But most of these cases are far from over. Most have multiple proceedings in Europe and at the UPC – as well as more to come in London.
The city’s IP boutiques have also been securing their future in the face of the UPC. Powell Gilbert and Bristows both opened Dublin offices, with other firms such as DLA Piper increasing their partnerships in the Irish capital. With a referendum scheduled for next year, there could soon be another division at the pan-European court.
Back in London, and the English courts are also working to enhance their standings. From 1 January, the Shorter Trial Scheme and subsequent £500,000 cost cap came into play. Some judges and practitioners are also advocating a FRAND-first approach. This is intended to streamline telecommunication cases and make the courts more efficient.
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 announced moves in 2023 was Nicole Jadeja, who moved 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. After over 20 years, Jamie Rowlands also left Gowling WLG for mixed firm, Haseltine Lake Kempner.
For further analysis, read JUVE Patent’s UK rankings 2024. This includes top patent litigation firms and top patent prosecution firms in the UK, and JUVE Patent’s ‘Ones to Watch’ category.
You can find detailed information on the JUVE Patent research criteria here.