EIP

Firm overview:

The patent practice at EIP demonstrated its tenacity, technical skill and litigation expertise in May 2025 when client Optis was awarded over $700m in its high-profile standard-essential patent (SEP) dispute with Apple; the biggest patent award in UK history. Particularly known for its FRAND litigation work, EIP handles cross-border IP issues for clients via its operations across the UK, Germany, Sweden and the US.

EIP offers a full-service patent drafting, filing and prosecution service, differentiating itself from competitors by focusing on direct client work which accounts for over three quarters of its work. The team counsels clients on portfolio management and development matters, and has been retained to develop strategies for some of the UK’s largest companies.

Patent attorneys work closely with litigators to foster a strong contentious practice at the firm, which has had notable success before the High Court, Court of Appeal, UK Supreme Court and Unified Patent Court (UPC). Along with the headline-grabbing results in electronics / mobile telecoms litigation, the team covers all aspects of patent litigation in the UK, including life sciences and medical devices.

Team overview:

EIP’s patent practice spans offices in the UK (London, Bath, Cardiff and Leeds), Germany (Dusseldorf), Sweden (Stockholm) and the US (Denver). Attorneys’ focus on work for direct clients, rather than foreign associates, means that they “start with a blank sheet of paper and write a far greater proportion of the patent applications” they file.

Chairman of EIP since 2023, Gary Moss has acted in large-scale UK and cross-border IP disputes for more than 40 years. He recently represented Optis in its widely-reported dispute with Apple, and has also led the team acting for the successful claimants in Unwired Planet v Huawei and Conversant Wireless v Huawei and ZTE.

Founder and head of the digital technology group Jerome Spaargaren and partner Heather McCann are described as “brilliant” by an industry counterpart. Spaargaren has over three decades of experience in IP law and was involved in high-profile matters such as Optis v Apple and Unwired Planet. McCann came to the firm in 2002 from a major telecoms company, and now divides her time between the UK and the US, advising US clients and law firms on European patent prosecution strategy.

An industry peer rates Andrew Sharples “very highly for his patent work”. Co-head of the patent litigation team, Sharples has played a key role in representing EIP’s clients in FRAND trials, including Optis.

Also a co-head of the litigation practice, Robert Lundie Smith has extensive experience of leading highly complex patent infringement and validity disputes before the Patents Court and Court of Appeal, including as part of wider, cross-border proceedings.

A notable departure from the firm over the past year was former partner Alex Morgan, who focuses his practice on high-value, cross-border patent litigation as well as licensing and commercial contract disputes. Morgan joined Paul Hastings in December 2024.

Key matters:

• Patent prosecution—Maersk

Global shipping giant Maersk continues to be a significant client for EIP. The team’s work includes writing patent applications relating to mechanical and digital technologies, and strategic international patent prosecution.

EIP partners Rick Gordon-Brown, Eric Williams and Ben Willows lead the team.

• Filing and prosecution—VISA

Visa remains a significant direct client for filing and prosecution work before the EPO. Highlights for the team include providing advice on and filing an increasing number of machine learning/AI cases, in particular with regards to their suitability for filing at the EPO.

Partners Heather McCann, David Brinck and Chris Price are key contacts for the work.

• Optis v Apple

EIP, along with Osborne Clarke, represented Optis in its 4G SEP dispute with Apple. In May 2025, the UK Court of Appeal concluded that Apple must pay a lump sum of $502 million plus interest to Optis—a massive hike on the original $56.4 million award (plus interest) handed down by the High Court in May 2023.

EIP chairman and lead counsel for Optis Gary Moss said the judgment would go “some way to reestablishing the English courts as an appropriate jurisdiction in which SEP holders can litigate FRAND issues”.

Key partners on the team also included Andrew Sharples and Kathleen Fox Murphy. The case is Optis Cellular Technology and others v Apple Retail UK and others,  CA-2024-000695.

• Representing Nokia in patent and RAND litigation against Amazon

EIP represents Alcatel Lucent in its patent claim against Amazon for alleged infringement of three patents, and is also representing Nokia in Amazon’s counterclaim against Nokia. A RAND (reasonable and non-discriminatory) trial is listed for October 2025.

Partners Robert Lundie Smith, Jerome Spaargaren, Heather McCann, Gary Moss, Kathleen Fox Murphy and Tom Brazier are involved in the matter.

Clients:

Amgen, EnOcean, HiveMQ, Kelp Technologies t/a the Truss Archive, Maersk, Merck Serono, Nokia, Optis, PQShield, Throughputer, VISA