Jeremy is a European and UK patent attorney, and is a Partner specialising in high-value oppositions at the European Patent Office. Many of these oppositions form part of a larger dispute. As well as leading cases at the EPO, Jeremy plays an active role in multi-firm pan-European litigation teams. This has included multiple disputes in which UPC litigation and EPO oppositions are taking place simultaneously.
Jeremy has contributed to UPC success both in attacking and defending patents at the EPO. One example is a successful added matter attack in an EPO opposition, which forced an amendment that significantly weakened the infringement position of the patent owner, resulting in the dispute ending in a settlement.
Jeremy’s experience and reputation in EPO oppositions has led to him being invited by a leading litigation firm to perform the role of chair of the Opposition Division in a mock oral proceedings, as part of the team’s preparation for forthcoming EPO oral proceedings involving a patent that was also being litigated at the UPC.
A career highlight was a successful opposition of Virgin Atlantic’s business class aircraft seating patent, which had previously been upheld as valid by the Court of Appeal in England. This resulted in an award of £49 million in damages being overturned in a landmark decision of the UK Supreme Court.
A more recent highlight has been forming part of the team for a preliminary injunction trial in Denmark, which included cross-examination of multiple experts. Jeremy was leading the defence of the same patent in an EPO opposition, and was able to use his knowledge and experience to contribute to the success of the case, with the court finding the patent valid and infringed.
Jeremy is able to handle a wide variety of subject matter, with his physics degree giving him a broad base from which to specialise in various fields according to his clients’ needs. In recent years, many of Jeremy’s cases have been in the field of medical devices, with oppositions involving some of the world’s largest medical device companies.
In the field of communications, Jeremy has successfully defended European patents against oppositions filed by the European Union and the European Space Agency. He has also led a team that successfully defended a patent relating to a hairspring in a mechanical watch, in a case involving the largest companies in the Swiss watch industry.
Jeremy has handled legally complex cases at the EPO with enlarged four-member Opposition Divisions and five-member Boards of Appeal, including prior use allegations and the cross-examination of witnesses. His arguments have pushed the boundaries of EPO case law, with decisions being reported in the EPO’s Case Law of the Boards of Appeal book as well as various IP websites and blogs.
A significant proportion of his practice involves working with patents originating from the US. Jeremy regularly advises practitioners in the US on how to draft and prosecute patent applications ready for success at the EPO, and gives talks at various IP conferences.