Marks & Clerk in action before the UPC Court of Appeal

Marks & Clerk has recently represented Meril group companies in two significant litigation matters before the Unified Patent Court (UPC), further cementing the firm's reputation as a leading player at the UPC. Earlier this month, two of the firm's UPC specialists, Jonathan Stafford (Partner, Manchester) and Greg Carty-Hornsby (Partner, Manchester), attended the first-ever full hearing on the merits before the UPC Court of Appeal in Luxembourg (regarding EP825). 

We wrote about the first instance hearing in our earlier article here, which was itself the first full hearing on the merits at the UPC's Paris Central Division. This complex appeal case in the prosthetic heart valve space involved two co-pending revocation actions alongside an infringement action, with oral submissions spanning two days. Jonathan and Greg worked in close collaboration with legal teams from Hogan Lovells and Gide x Regimbeau to prepare the case, with Jonathan playing a central role in the oral advocacy at the hearing.

Jonathan Stafford (second from right) and Greg Carty-Hornsby (far right) of M&C appear at the UPC Court of Appeal hearing alongside teams from Gide x Regimbeau and Hogan Lovells

The Court of Appeal heard claim construction and infringement pleadings on the first day, and revocation pleadings on the second day, where the appeal panel, led by Presiding Judge Klaus Grabinski, provided an initial preliminary assessment at the outset of each day of the proceedings, and asked inquisitive and engaging questions throughout the oral pleadings of the parties. 

"Being the first full hearing on the merits before the UPC’s Court of Appeal, and with some interesting procedural issues to consider and decide, the decision is likely to clarify important areas of UPC jurisprudence," commented Jonathan Stafford, Partner at Marks & Clerk. "It was rewarding to be involved in the first appeal hearing on the merits where we could play our part in helping to help shape how the UPC’s legal framework continues to develop.”

The following week, the Marks & Clerk team travelled to Paris, where they once again represented Meril group companies, this time before the UPC's Paris Central Division in a separate matter (EP181) involving both revocation and infringement proceedings, also in the prosthetic heart valve space. 

Jonathan, Greg and members of the M&C team outside the International Commercial Court in Paris

Collaborating once again with colleagues from Gide x Regimbeau, the Marks & Clerk team were co-lead counsel throughout the proceedings and both Jonathan Stafford and Greg Carty-Hornsby played a central role in handling oral advocacy at the forefront of the proceedings. "These cases demonstrate our ability to operate at the highest level across different UPC divisions, from specialist appellate advocacy to comprehensive first instance leadership," added Greg Carty-Hornsby.

Jonathan and Greg were supported at the hearings by a dedicated team including Charlie Balme (Partner), Elliot Carrington (Associate), and Liam O'Connor (Associate), whose contributions were instrumental in preparing and executing the litigation strategy. Mitchell Clark (Principal), Robbie Gauld (Associate), Tom Taylor (Managing Associate) and Abigail Foster (Associate) also provided invaluable support in contributing to preparation of written submissions.

Key team members involved in these landmark proceedings:

• Jonathan Stafford, Partner
• Gregory Carty-Hornsby, Partner
• Charlie Balme, Partner
• Mitchell Clark, Principal
• Tom Taylor, Managing Associate
• Elliot Carrington, Associate
• Robbie Gauld, Associate
• Liam O'Connor, Associate
• Abigail Foster, Associate

Greg and Jonathan appear either side of Nilay Lad (Head of IP at Meril) alongside members of the M&C team at the International Commercial Court in Paris

With a strong foundation in EPO opposition proceedings, Marks & Clerk helps its clients navigate complex litigation challenges with clarity and confidence. Our established reputation in contentious disputes is backed by a full-service approach to UPC litigation, ensuring seamless support across every stage of the process.