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15 November 2022Big PharmaMuireann Bolger

Patent firms unveil joint UPC ‘powerhouse’

Firms aim to form a UPC litigation alliance | New court has significant implications for life sciences | UPC faces calls for delay over concerns regarding its case management system.

Law firms EIP and Amar Goussu Staub have jointly launched a new alliance, EIP Amar, to support clients with high-stakes litigation before the new Unified Patent Court (UPC).

Together, the two companies will combine their expertise to advise on UPC litigation matters.

EIP’s CEO Magnus Hallin said: “EIP and Amar Goussu Staub have worked together on high-value patent litigation matters before, so I am delighted that we can now bring together our complementary skills and launch EIP Amar to support clients through the new UPC system.”

Amar Goussu Staub’s co-founder Cyrille Amar commented: “EIP Amar has experts in the key jurisdictions that will be important to the UPC, including Paris where one of the main divisional courts and the central division will be based. I’m excited for the two firms to work as an alliance advising clients as this new era for European patents dawns.”

EIP focuses on high-value and complex patent matters and its multidisciplinary team combines patent attorneys, litigators and commercial IP lawyers.

Amar Goussu Staub offers specialist advice to meet global needs in IP and new technologies laws. The team specialises in international litigation and advises clients on strategic and cross-border issues.

The UPC will exert a marked impact on the pharmaceutical and life sciences sector, which is confronted with specific issues concerning exemptions, relief and supplementary protection certificates.

If a pharma company were to gain unitary patent protection for a branded drug, or decided not to opt out existing European patents, a single ruling by the court could erode their patent protection for that drug across Europe.

Calls for delay to UPC

This launch also comes as the UPC is facing calls to delay the start of its sunrise period, the time during which patent owners can decide to opt in or out of the new system.

The Chartered Institute of Patent Attorneys (CIPA) wants to postpone the sunrise period, after its members complained about the requirements for securely accessing the UPC case management system.

In a statement issued by CIPA to LSIPR, its president Alasdair Poore said: “We welcome the UPC coming into operation. It is, however, imperative that those using the UPC have absolute confidence that the system will work from day one. Our members are extremely concerned that this will not be the case.”

When approached by LSIPR, Johannes Karcher—acting chairman of the UPC administrative committee—said: “We are aware of this subject. The UPC will shortly address these questions in more detail on its website.”

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article
30 May 2023   Court outlines submission method in the event of CMS failure | Hard-copy format requirements include USB stick and delivery to Luxembourg | Guidelines have “made people nervous” say lawyers | Full details on how to submit.
Big Pharma
12 August 2015   The UK Intellectual Property Office has revealed the location for the country’s central and local divisions of the forthcoming Unified Patent Court.
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4 June 2015   To opt out or not, that is the question for patentees under the new Unified Patent Court system, say Paul England and Anja Lunze of Taylor Wessing, in the third installment of a regular column on the unitary patent and UPC.