Video: JUVE Patent’s France ranking 2024
As spring begins to descend over Europe, it's time for the publication of JUVE Patent's France ranking 2024. Journalist Konstanze Richter and co-editor Christina Schulze provide an overview of the latest developments in the French patent market, from how the Unified Patent Court and its two Paris divisions are impacting the capital's patent law firms, to why the Olympics is influencing staffing levels at the patent courts. Watch the video and read the full ranking below.
6 March 2024 by Christina Schulze
In JUVE Patent’s France ranking 2024, co-editor Christina Schulze and journalist Konstanze Richter present the latest developments in the French patent market.
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JUVE Patent’s France ranking 2024
Publication of JUVE Patent’s France ranking 2024 comes just nine months after the launch of the Unified Patent Court, and four months before the Olympic Games in Paris. Even in the initial phase of the UPC, smaller patent litigation practices saw significantly less litigation. On the one hand, the practices are not yet involved in UPC lawsuits. On the other, their clients have filed fewer national lawsuits.
Due to the overall economic situation, many SMEs and companies from the telecommunications sector are reluctant to file patent lawsuits; France has not yet established itself as a go-to venue for FRAND disputes. Although the Judicial Court declared itself competent to rule on a FRAND rate, so far the parties either settled out of court or the patents were declared non-essential.
Nevertheless, the judges did hear some such cases, including the pan-European dispute between Assia and Orange, and its supplier Nokia, over internet service technology.
On the other hand, the court is more frequently presiding over pharma and medical devices cases. Just recently, the Paris Court of Appeal confirmed a preliminary injunction in an SPC dispute between MSD and Viatris, while the Judicial Court of Paris handed down a PI against Medtrum on the basis of alleged infringement of an Insulet patent.
Bringing the business
But the UPC also brings new business – especially for law firms at the top of the market. August Debouzy has already filed several UPC lawsuits for various clients. The pan-European IP boutique Hoyng ROKH Monegier is also active at the UPC, but in significantly fewer cases than its competitor. When it comes to the firms challenging the market leaders, participation at the new court is more uneven. Bird & Bird is the most active in UPC cases and is the only law firm with patent practices in all UPC states.
While the French patent market is less active than its neighbours in Europe, some lawyers have taken the leap to new firms. In January 2024, Bardehle Pagenberg strengthened its team with patent litigator Frédéric Portal. He joined from Bird & Bird just months after the international firm hired dual-qualified lawyer Thierry Lautier from Reed Smith. Earlier in the year, Withers & Rogers also bolstered its presence with Marie-Claude Pellegrini, who moved from Bardehle Pagenberg.
The courts too saw some significant changes. Renowned IP judge Nathalie Sabotier moved from the 3rd chamber of the Judicial Court of Paris to the Supreme Court (Cour de Cassation) in autumn, where she took a position at the Chamber of Commerce, Economics and Finance. Anne-Claire Le-Bras is Sabotier’s successor as 1st vice president of the IP chamber at the Judicial Court of Paris.
For several months, the two divisions of the 3rd chamber at the judicial court had only two judges each. Now the benches at the first-instance court are running at full capacity.
Olympics looming
Thus, the patent chambers at Paris courts are once again fully staffed. This is a strategic move by politicians and the administration to prepare the courts for potential competition disputes during the summer Olympics. This could mean national proceedings will now speed up again, although patent hearings will be paused for the duration of the Olympics.
For further analysis, read JUVE Patent’s France rankings 2024. This includes top patent litigation firms and top patent prosecution firms in France, and JUVE Patent’s ‘Ones to Watch’ category. (Co-author: Konstanze Richter)
Find detailed information on the JUVE Patent research criteria here.
