EIP Welcomes Eric Williams as new Managing Partner in the firm’s Denver office

Today marks a new stage in the development of EIP’s US presence as we announce Eric Williams as the new Managing Partner of our Denver office, succeeding Leigh Augustine. With nearly two decades of expertise as a Patent Attorney, Eric’s extensive background in a diverse array of technologies has been crucial in fortifying our clients’ patent protections and strategies. Eric focuses primarily on patent procurement, due diligence, opinion work, portfolio management and strategic client counselling. He has also assisted with US patent litigation matters including pre-suit assessments and handled US and European Patent Office (EPO) post-grant proceedings. This mixed experience exemplifies EIP’s unique blend of service offerings. Leigh Augustine will transition to an academic role at the University of Colorado Boulder. Leigh’s legacy includes a wealth of expertise in trademark law, and he will continue to have a close advisory relationship with EIP. Reflecting on his tenure, Leigh said, “Guiding the Denver office has been a privilege. I wish Eric the very best and know he will maintain and grow a collaborative spirit with the same respect to value and innovation that has always been EIP’s hallmark.” EIP remains a pioneering force in the sector as the first UK patent law firm with an established office in the US, reinforcing our commitment to advising our clients on high-value and complex patents in key patent markets. The US and UK offices are closely integrated and dedicated to providing a seamless service to our clients who have intellectual property interests on both sides of the Atlantic. Expressing his eagerness for the new role, Eric Williams said, “I'm excited to embrace this opportunity and build on Leigh's strong foundation. We’re a small but tight-knit team and we will continue to deliver the best strategic advice to our clients.” Magnus Hallin, CEO of EIP, expressed gratitude for Leigh's leadership, stating, “We will always be grateful to Leigh for being a strong anchor for the team and, after all, it’s not a real farewell as we will keep relying on his expertise. We are also very excited for Eric to step into this new role and to bring his experience and skill forward as our Denver office continues to thrive.” External press coverage: Patent Lawyer Magazine: EIP welcomes Eric Williams as new Managing Partner in the firm’s Denver office World IP Review: EIP puts experienced patent attorney in charge of Denver office

Spotlight

EIP secures victory for Datang over Samsung

The Munich Regional Court (docket number 21 O 16085/22) on April 12, 2024 pronounced a judgment finding that 4G-capable mobile devices offered by Samsung Electronics GmbH in Germany infringe the German part of the European Patent EP 2 237 607 of Plaintiff Datang Mobile Communications Equipment Co., Ltd. The patent covers cell handover procedures when a mobile phone enters a TDD radio cell. In the course of the proceedings, Samsung had inter alia raised a FRAND defence and additionally filed a competition law counter complaint; both of which failed: the Munich Regional Court found Samsung to be an unwilling licensee. Previously, the German Federal Patent Court had issued a positive preliminary opinion on the validity of the asserted patent claims. In addition to the German proceedings, there are also ongoing related proceedings in China and the US. The Chinese plaintiff Datang Mobile Communications Equipment Co., Ltd. is owned by CICT Mobile, and holds a significant portfolio of SEPs in the 4G and 5G space, being regularly listed among the top 10 SEP holders by several publications. The first instance judgment, which can be appealed, includes an injunction claim and can be provisionally enforced against the posting of a bond. The EIP team, led by Dr Christof Höhne, Dr Sebastian Fuchs, Dimitri Kosenko, and Maximilian Häger, alongside df-mp’s Dr Dominik Ho and Nikola Wiesemann, was instrumental in securing this win. External coverage Datang wins against Samsung in 4G SEP infringement dispute, Juve.

EIP celebrates a win at Managing IP's EMEA Awards 2024

EIP has been recognised at last night's Managing IP EMEA Awards 2024 as European Patent Disputes Firm of the Year for Patent & Trademark Attorney Firms. The award marks a continued recognition of EIP’s consistent strength in European litigation as it's the third year in a row that EIP has won in this category. Magnus Hallin, CEO at EIP said: "We are proud to be recognised once again at the Managing IP EMEA Awards. The award is a testament to our team’s unwavering commitment to excellence and our innovative approach to IP litigation. It is not just a reflection of our expertise, but also of the trust our clients place in us to protect their most valuable assets. We are grateful for this honour and it motivates us to continue setting the bar high in the industry.”

To Injunct Or Not To Injunct?

Judge Asked To Grant A 9/10 Day Interim Injunction to Protect Bayer’s Anticoagulant Rivaroxaban Ahead of Main Judgment Pharmaceutical company, Bayer found success in its application seeking an interim injunction, lasting just 9-10 days, to protect its rivaroxaban product from the generic companies it is currently embroiled in litigation with whilst awaiting judgment on its patent covering rivaroxaban. Background This case revolves around rivaroxaban. Rivaroxaban is one of several direct oral anticoagulants available for prescription. Bayer own two patents that cover rivaroxaban. The first patent protects rivaroxaban as a compound. That patent was extended by an SPC until 1 April 2024. Up until 1 April 2024, Bayer have had the rivaroxaban market to itself, selling the product under its brand name Xarelto. Therefore, as of 2 April 2024 others would be entitled to market rivaroxaban. The second patent, EP(UK) 1 845 961 (“EP 961”), in broad terms, covers the use of rivaroxaban for the manufacture of tablets for once-daily oral administration to a human patient. EP 961 expires in January 2026. EP 961 has been subject to six actions for revocation which were joined, with the trial heard earlier this year. At trial, the Judge told the parties that judgment would be handed down in the first week of the Easter term, and in all likelihood probably on 9 April 2024, with the form of order hearing to be on the 11 or 12 April 2024. This meant that a window of 9-10 days arose whereby the compound patent would have expired but there was a possibility of a permanent injunction against the respondents restraining sales of once-daily rivaroxaban in the event that EP 961 was held valid. Bayer’s application before the Judge was to ensure that this window was kept shut until judgment on the EP 961. The Applications Before the Court The court had four applications before it. This article focuses on Bayer’s aforementioned application seeking an interim injunction against parties it is in litigation over the rivaroxaban product. Communication with the Court The Judge was critical about the parties’ communication with the court in relaying the consequence of not handing down his judgment until 9-10 days after 1 April 2024. The Judge recounted that the various claims filed with the court and eventually joined were progressed “without unusual haste”. On the first day of trial, the claimants’ counsel had stated that the claims had been case managed together so as to try to ensure that judgment could be handed down before 1 April 2024 but the Judge did not recall any information being provided about the consequence of not achieving that. Therefore, he was surprised at the scale of the interim application including the number of counsel and solicitors involved. The Judge wondered whether the deep involvement of the legal advisers meant that they had assumed everyone was clear on the significance of judgment not being handed down in time for argument on the form of order by 1 April. The Judge made it clear that he was not aware of said consequence and that had the parties communicated the issue to the Judge, the court would be in a better position to give the matter appropriate priority. He surmised that “in short, better communication with the court is desirable.” Bayer’s Interim Injunction Application The Court applied the well-known American Cyanamid principles when looking to assess the suitability of granting or rejecting Bayer’s application for an interim injunction. The parties agreed that there was a serious question to be tried which had been a question before the Court at trial and would be answered with an imminent judgment. In this case of the interim injunction, the issue between the parties concerned the balance of irreparable harm. Additionally, the Judge used the Court of Appeal’s judgment in Neurim Pharmaceuticals (1991) Limited v Generics (UK) Limited [2022] EWCA Civ 370 for guidance as to the correct approach given that there was some overlap in the facts. Decision Due to the short time that this interim injunction would be in place, the Judge was not completely convinced that both parties would suffer irreparable harm. The Judge felt that Bayer’s lost sales could be calculated easily given that their current sales were known and that they were the only ones on the market with rivaroxaban. And although there may be uncertainties that may not be quantifiable, the Judge hypothesised that these would be modest. With the respondents, the Judge was also convinced that their loss of sales could be calculated with an area under the curve calculation. The Judge suggested that a graph of each of the respondents’ sales could be notionally moved back by 9-10 days or by whichever time that the evidence may suggest is appropriate. But looking at the Court of Appeal and its emphasis on the importance of maintaining the status quo in circumstances such as those in the application before him, the Judge believed it more appropriate to grant the interim injunction until resolution of the order to be made following the imminent hand down of the judgment on the EP 961. Take Away Points A key point arising from this judgment is that communication with the Court is of upmost importance. Not only can it avoid potential wasted costs but it can also bring to the forefront any urgent issues that need addressing or that may have consequences if matters are not concluded within a certain timespan. It is easy to forget that the Court has not lived through the case and so cannot be assumed to appreciate matters which the parties have at the forefront of their minds. The judgment is available here.

Partner Promotions

EIP promotes quartet to its international partnership EIP is proud to announce an expansion of our international partnership with the promotion of four from our team: Alex Morgan, Ben Willows, Isabelle Schaller, and Sebastian Fuchs. This strategic enhancement brings our partnership to a total of 36, reflecting our global presence across the UK, Germany, Sweden, and the US. What this means for our clients: Alex Morgan has been a managing associate with EIP since 2020 and has played a key role in EIP’s team for litigation work: representing Optis against Apple, IP Bridge in its litigation against Huawei and more recently, ThroughPuter in its dispute against Microsoft. Alex has been recognised as a Managing IP ‘Rising Star’ (2022 and 2023) and is listed as a key lawyer for EIP in Legal 500’s current rankings. Ben Willows brings a wealth of experience from his time at Dyson, enhancing our patent prosecution capabilities. His track record in drafting and defending patents, coupled with successful representations in EPO and UKIPO proceedings, strengthens IP portfolios, ensuring innovations are securely protected and effectively leveraged. In our Düsseldorf office, Isabelle Schaller specialises in advising on cross-border patent infringement matters, particularly in the telecommunications sector. Her strategic approach in high-stakes litigation, including securing a preliminary injunction for the client, exemplifies our commitment to safeguarding client interests in complex technological landscapes. Sebastian Fuchs, also based in Düsseldorf, is renowned for his adept handling of contentious patent issues, including FRAND licencing and wireless technology disputes. His recognition as a ‘Rising Star’ and ‘One to Watch’ underscores his expertise in delivering forward-thinking legal solutions that protect and enhance intellectual property assets. Magnus Hallin, CEO of EIP, commented, "The expansion of our partnership in key markets signifies our ongoing commitment to excellence in patent prosecution and litigation. Alex, Ben, Isabelle, and Sebastian embody the collaborative ethos and innovative spirit at the heart of EIP. Their promotions are a testament to their outstanding contributions and the value they bring to our clients." As EIP continues to grow, our focus remains steadfast on delivering unparalleled expertise and service to our clients on high value and complex patents. The elevation of our new partners strengthens our ability to navigate the complexities of IP law, offering our clients and prospects an even greater level of support and strategic insight. We congratulate Alex, Ben, Isabelle, and Sebastian on their well-deserved promotions and look forward to their continued contributions to our clients' success.

AI and Big Data in Agritech

First published by Process Engineering - February 2024 The world’s population stands above 8 billion in 2024 and is still growing. That growth may be slowing down but nonetheless there may be another 2 billion mouths to feed in the next 50 years. Furthermore, it is predicted that the expected improvements in crop yields in that same time frame will be offset by increased disease pressure resulting from climate change. [GL1] The agricultural industry is increasingly turning to data-driven approaches to give them every advantage. What are researchers doing to take advantage of computers in the crop research and agritech space? Bioinformatics Computational genomics and other aspects of bioinformatics are incredibly important in understanding plant genomes. Typically plant research is performed on Arabidopsis thaliana, a model organism with only a small diploid genome of around 135 million base pairs which makes genetic analysis more straightforward. Unfortunately, crop plants tend to have much larger and more complex genomes. Bread wheat has a hexaploid genome of around 17 billion base pairs. Furthermore, the high percentage (close to 80%) of repetitive sequences makes gene sequence analysis more difficult. By comparison, about 50% of the human genome is repetitive sequences and that is on the higher side for mammals, let alone other eukaryotes. As such, developing new varieties and new transgenic crop plants can be very difficult. This difficulty is enhanced in jurisdictions such as the EU where GMO crops are not authorised for human consumption; so bioinformatics techniques have to be used to enhance conventional crop breeding techniques rather than making direct modifications of the plant genome. Elsewhere, though there are sign of change: the UK passed the Genetic Technology (Precision Breeding) Act for England last year – reducing the regulatory burden breeders face when making genetic modifications that could have occurred naturally through conventional breeding, but not introducing exogenous genes from other species. Similar legislation is being considered in the EU. Microbiome analysis is also a big part of the bioinformatics space. Rothamsted Research recently received a £4 million award for new computer infrastructure which will help analyse soil metagenomics, essential for understanding the soil in greater details as many of the microbes in soil cannot be readily cultivated in a lab. Considering the patent side, we can see that many of the applications filed relate to the application of machine learning approaches to genomics or disease detection. We also see filings for prediction systems to optimise the chances of breeding success based on genomic data, whether via AI techniques or more classical statistical methods. Analysis of pathogens is common, with looking for pathogen DNA or identifying pesticide resistance genes. Crop Modelling Crop modelling continues to improve and develop, as it has for decades, but there are issues with lack of open data. Crop simulation has been developed since the 1960s but a renewed interest in the field has arisen from the improved sources of data (such as from remote sensing), the increasing demand from population growth, the impact of climate change, and the application of machine learning. Looking at patent filings, development of these technologies seem to be in the application of machine learning but nonetheless, we still see filings for improvements to more classical state machines. Interestingly, the majority of filings are in China and the US. The former is to be expected given the domestic patent policy in China but it is a little surprising to see hardly any PCT 1.applications being taken forward in Europe. This may be due to the understanding of the European Patent Office’s requirements that computer software must have a technical effect in order to be patentable. As such, more abstract processes are less likely to be patentable in Europe. However, it should be understood that simulation can definitely be patented in Europe with the right claim wording, provided of course the invention has an inventive step and meets the other patentability criteria. Remote Sensing Remote Sensing generally refers to the collection of information about something from a distance but typically refers to the usage of Earth observation satellites and camera drones. Some satellites are government-owned such as the European Space Agency’s Sentinel satellites. Others are owned by private enterprise, such as Airbus’s Pleiades Neo satellites. Remote sensing from satellites has been used for decades to measure crop productivity. It has also been employed to detect and map plant diseases, which often alter the appearance and structure of the plants in such a way that is detectable through multispectral data; for example from yellowing leaves or from wilting crops altering the angular polarisation of radar scans. Satellite technologies are also relevant to livestock monitoring. Albeit satellites are less effective at this given animals tendency to wander more than plants and because most satellites only pass over the same point at most a couple of times per day as the Earth rotates. Great strides are also being made with aerial photography and the integration of that with satellite remote sensing. The massive proliferation of drone technology and improvement in digital camera technology allows farmers to survey huge areas with a high degree of accuracy. Drone footage not only provides a ground truth for human verification but can also be used more generally as a data source to integrate a big data approach. Increasingly, we can expect a democratisation of this technology to smaller and smaller farmers, particularly as nearly all of the data captured by the Copernicus satellite constellation is freely available to download on the internet. The number of patent applications filed for space-borne sensing and green applications has been rising rapidly in recent years, as shown in an EPO, ESA, ESPI joint study released in October 2022. The main developments that are being filed for are in signal processing on the software side, and AI/ML seems to be the core driver for this. Analysis and modelling of photosynthetic activity and crop productivity are also frequently mentioned in these applications, as well as weather and river/coastal observations. In summary, agritech has always been an area of significant technological advancement but data driven technologies are becoming increasingly relevant in our interconnected world. 1. Patent Cooperation Treaty or ‘international’ patent applications offer simultaneous protection in a number of signatory states [GL1]I think this is important to retain because it sets the scene for why the article matters. I have trimmed other sections to maintain the word count.

Updates

EIP secures victory for Datang over Samsung

The Munich Regional Court (docket number 21 O 16085/22) on April 12, 2024 pronounced a judgment finding that 4G-capable mobile devices offered by Samsung Electronics GmbH in Germany infringe the German part of the European Patent EP 2 237 607 of Plaint...

EIP celebrates a win at Managing IP's EMEA Awards 2024

EIP has been recognised at last night's Managing IP EMEA Awards 2024 as European Patent Disputes Firm of the Year for Patent & Trademark Attorney Firms. The award marks a continued recognition of EIP’s consistent strength in European litiga...

Company

EIP secures victory for Datang over Samsung

The Munich Regional Court (docket number 21 O 16085/22) on April 12, 2024 pronounced a judgment finding that 4G-capable mobile devices offered by Samsung Electronics GmbH in Germany infringe the German part of the European Patent EP 2 237 607 of Plaint...

EIP celebrates a win at Managing IP's EMEA Awards 2024

EIP has been recognised at last night's Managing IP EMEA Awards 2024 as European Patent Disputes Firm of the Year for Patent & Trademark Attorney Firms. The award marks a continued recognition of EIP’s consistent strength in European litiga...

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What's Next For Medtech?

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