Andrew Sharples

Partner, UK and European Patent Attorney, Solicitor
London
UPC Representative

Andrew Sharples

As both a patent attorney and a solicitor, Andrew focuses on the prosecution and litigation of patents. With a background in molecular biology, his technical experience covers a range of biotechnology, pharmaceuticals, and medical devices technologies. He is also an expert on the complexities of FRAND, having represented clients in the leading UK FRAND cases, including Unwired Planet.

As co-head of the UK litigation team, Andrew has been responsible for litigation ranging from IPEC to the Supreme Court, and he is well placed to advise clients on the new Unified Patent Court (UPC); further details are at EIP Amar, our alliance created to support clients in any UPC litigation. On the prosecution side, Andrew advises on patent drafting and prosecution, oppositions, supplementary protection certificates and life cycle strategies, as well as advising on the patent related aspects of corporate transactions.

Andrew joined EIP after a decade in the patent group of a major international law firm. Andrew has a degree in Molecular Biology from the University of Edinburgh and a master's in the Management of Intellectual Property from Queen Mary's College, University of London.

Experience

  • Acting for Optis in their SEP/FRAND litigation against Apple.
  • Acting for IP Bridge in their UK FRAND litigation against Huawei.
  • Acting for Unwired Planet and Conversant Wireless in successful Supreme Court proceedings against Huawei (and ZTE for Conversant) on the issue of FRAND in the context of Standard Essential Patents (SEPs) in the field of telecommunication. (link)
  • Prosecution of a range of patent portfolios in the biotechnology and pharmaceutical fields.
  • Conduct of a number of “straw man” oppositions in relation to a range of small molecule and biotherapeutic technologies.
  • Acting for Conversant Wireless Licensing in patent and FRAND litigation against Huawei & ZTE.
  • Acting for Unwired Planet International Limited in their FRAND litigation against Google, Samsung & Huawei.
  • Advising Tate & Lyle on the intellectual property aspects of acquisitions of food technology companies.
  • Representing Amgen in a patent infringement dispute with Hospira in relation to pegfilgrastim.
  • Representing Bioprogress PLC in a patent entitlement dispute (Stanelco Fibre Optics Ltd v Bioprogress Technology Ltd).
  • Representing Niche Generics in their patent infringement and validity action in relation to perindopril (Les Laboratories Servier v Niche Generics).

Published articles

  • October 2023
    IAM, United Kingdom: SEPs and FRAND – litigation, policy and latest developments (link)
  • June 2023
    LABIOTECH, How will European Commission proposals on data exclusivity and the bolar exemption affect pharma companies? (link)
  • May 2023
    Managing IP, Revised EU SEP reforms fail to please either side (link)
  • May 2023
    Law360, Questions Abound On EU Plan For New Essential Patent Rules (link)
  • May 2023
    EIP Updates, European Commission Proposals on Data Exclusivity and the Bolar Exemption (link)
  • April 2023
    WIPR, European Commission reveals draft SEP rules (link)
  • April 2023
    Euractiv, EU Commission pitches rules for patents 'essential' for standards (link)
  • April 2023
    EIP Updates, Late Change to Commission SEP Proposal Suggests Flawed Process (link)
  • June 2022
    The Patent Lawyer , FRAND in supply chain: US, UK & Germany (link)
  • August 2021
    Patent Lawyer, Fair, reasonable, and non-discriminatory [FRAND]: US, UK, & Germany
  • December 2016
    Journal of Intellectual Property Law & Practice 2016, Threats to infringe a patent application: no barrier to justification (link)
  • September 2014
    IP Law 360, Good news for originators of antibody products (link)
  • July 2014
    Intellectual Property Magazine, SPCs for medical devices: continuing disharmony (link)
  • April 2014
    IP Law 360, SPCs - we wait in vain for clarity from Europe (link)
  • November 2013
    Intellectual Property Counsellor, Europe's unitary patent system: a horse designed by a committee
  • September 2013
    IP Pro Life Sciences, Innovative Times
  • June 2013
    JIPLP, So when is a patent claim too broad? (link)
  • August 2011
    Genetic Engineering and Biotechnology News, Uncertainty and disharmony plague patent term extensions in Europe (link)
  • June 2011
    Genetic Engineering and Biotechnology News, Europe Awaits Decision on Patents, hESCs, and Morality (link)
  • March 2011
    Genetic Engineering and Biotechnology News, Gene Patents in Europe Relatively Stable Despite Uncertainty in the US (link)

Education and qualifications

  • UK Chartered Patent Attorney
  • European Patent Attorney
  • 1999 — 2000
    MSc Management of Intellectual Property, Queen Mary College, University of London
  • 1994 — 1998
    BSc Molecular Biology, University of Edinburgh

Career history

  • 2010 — present
    Partner, EIP
  • 2000 — 2010
    Senior Associate, McDermott Will & Emery

Awards and recognition

  • Ranked as 'Patent Star' IP Stars 2024 (link)
  • Legal 500, 2024 (link)
  • WIPR Leader 2023, Patent Leaders, United Kingdom (link)
  • IAM Patent 1000, 2023. 'Sharples’ technical and legal qualifications enhance EIP’s already well-stacked litigation deck.' (link)
  • Ranked as a 'Patent Star', IP Stars 2023
  • IAM Patent 1000, 2022. "Dual-qualified solicitor and patent attorney Sharples impresses in disputes – especially those involving FRAND". (link)
  • Ranked as a 'Patent Star', IP Stars 2022 (link)
  • Legal 500, 2022. (link)
  • Recommended IAM Patent 1000, 2021. (link)
  • Ranked as a 'Patent Star', IP Stars 2021 (link)
  • Recommended in JUVE Patent UK rankings 2021. (link)
  • Ranked as a 'Patent Star', IP Stars 2020 (link)
  • Ranked as a 'Patent Star', IP Stars 2019 (link)
  • Legal 500, 2018: Recommended Patent Attorney
  • Ranked as 'Patent Star', IP stars 2018
  • Legal 500, 2017: Noted as a “patent law expert” and a “key figure” for patent prosecution and patent litigation.
  • IP Stars 2017, A “star litigator” in the firm. (link)

Speaking engagements

  • May 2020
    OneNucleus BioWednesday Webinar , Enabling Access to Medical Technologies - Compulsory Licensing, TRIPS and FRAND
  • May 2016
    One Nucleus BioWednesday, Does Every Tech Transfer Office Need an Investment Fund?
  • June 2015
    One Nucleus BioWednesday, Developing and Commercialising Cell-based Platforms
  • June 2014
    One Nucleus BioWednesday, The Value of Intellectual Property
  • July 2013
    One Nucleus BioWednesday, Managing IP Litigation on a Budget
  • January 2013
    One Nucleus Life Sciences Leadership, Assessing freedom to operate in the antibody-drug conjugation (ADC) arena
  • October 2012
    Cardiff Medicentre Breakfast Briefing, Managing Intellectual Property from Start-up to Exit (link)
  • June 2012
    EIP Elements seminar, A Mock EPO Opposition
  • June 2012
    C5, 11th International Forum of Pharma Patent Lifecycles (link)
  • November 2011
    EIP Life seminar, Patent Term Extensions and SPCs
  • June 2011
    London Business School seminar, Managing IP from start-up to exit