UK Perspectives of the Unified Patent Court (RECORDING)
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Patent litigation in Europe has undergone a dramatic change with the advent of the Unified Patent Court (“UPC”). Currently around 25% of granted European patents are resulting in a Unitary Patent and there are over 100 Unitary Patents being litigated at the UPC. Injunctions (including preliminary injunctions), damages, and costs are available within rapid timescales, with first instance decisions and appeals within 12 to 15 months.
Eighty-five percent of UPC representatives are patent attorneys and the United Kingdom has over 1,000 registered UPC representatives – the second largest number in Europe. Many of them represent U.S. clients before the UPC. This panel will include UK patent attorneys from four firms who have first-hand experience of UPC litigation who can provide insight into the opportunities offered by Europe’s new litigation regime.
Simon Curtis
Partner-Patent Attorney
Potter Clarkson
Simon Curtis is a Partner in the Chemistry practice at Potter Clarkson, working with corporates and SMEs to develop and build IP strategies to support their growing businesses. He is a frequent and accomplished advocate before the European Patent Office’s Opposition Divisions and Boards of Appeal and is able to apply his experience to present dependable advice on patent validity. He is also a certified UK Higher Courts Litigator and has advised clients in patent litigation proceedings before the UK High Court and Court of Appeal, including in cases with multi-jurisdictional aspects and involving interplays with concurrent European Patent Office proceedings.
Laura Ramsay
Partner & Patent Attorney
Dehns
Laura Ramsay is a European and UK Patent Attorney and an Authorized Representative before the Unified Patent Court (UPC). In 2003 she graduated from the University of Cambridge with a First Class MSc in Physics and Materials Science, after which she joined Dehns and became a Partner of the firm in 2013. Laura is currently representing a multinational medical device company in a revocation action at the UPC central division in Paris, while also handling three related EPO oppositions for the same patent family. She is also involved in the related infringement action at the Mannheim local division and related matters at the UPC Court of Appeal. She is well-accustomed to working as part of a global litigation team. She previously acted for AutoStore AS multiple times at EPO opposition and appeal hearings during their dispute with Ocado Innovation. Although the parties have since reached a settlement, she was the defendant’s UPC representative named at the Nordic-Baltic regional division and observed the subsequent case taken to the Court of Appeal regarding public access to written pleadings and evidence. Laura draws upon her experience of more than 20 years in regularly attacking and defending patents during EPO opposition and appeal proceedings. Clients value her strategic thinking and clear-cut advocacy.
Pamela Tuxworth
Partner, Patent Litigator
J A Kemp
Pamela Tuxworth is a European and UK Patent Attorney based in the J A Kemp Oxford office. She has more than 20 years’ professional experience at J A Kemp. Pamela handles work across a broad range of biotechnology and life sciences subject matter, including antibodies and their uses, oncolytic viruses, vaccines, peptide vaccines, therapeutic RNAs, stem cells, personalized medicine, diagnostics and next generation sequencing. Pamela has worked on several high profile biotechnology drugs from inception to beyond commercialization, working with inventors in drafting patent applications, prosecuting worldwide patent portfolios, carrying out freedom to operate searches, defending patents before at the European Patent Office, and clearing the way by opposing competitors’ patents. Pamela has also been involved in due diligence leading to public listing or acquisition of biotechnology companies. Pamela’s client base includes large pharmaceutical companies, biotechnology companies and academic institutions, located in the UK, US, Japan and elsewhere. Pamela is a regular visitor to Japan. Pamela joined J A Kemp in 1999 and became a partner in 2008.
Daniel Wise
Partner
Carpmaels & Ransford
Daniel Wise led the team that filed the first ever revocation action at the UPC, part of the long-running global litigation between Sanofi and Amgen relating to PCSK9 antibodies. Outside of his UPC work, Daniel specializes in EPO oppositions and appeals in the biotech and medicinal chemistry fields, and has supported national patent litigations across Europe. He also works on strategic prosecution strategies for the EPO and beyond, and is a regular speaker on EU Supplementary Protection Certificate (SPC) law and practice.