Luke Maunder

Bristows

Luke specialises in intellectual property disputes in the technology sector, with a particular emphasis on patent litigation. He has advised on a number of first instance actions in the High Court and the Intellectual Property Enterprise Court, as well as appeals to the Court of Appeal and the Supreme Court. Many of his cases are multi-jurisdictional disputes, requiring a high degree of co-ordination at both a strategic and a practical level. He has significant expertise in disputes involving standard essential patents and FRAND terms, and he acted in the lead cases brought by Unwired Planet and by Conversant Wireless.

His cases have involved a variety of technical fields, including mobile telephony, computing, consumer electronics, biodiesel production, linear accelerators and networking/communications systems.

He has also been involved in a wide gamut of interim applications. In particular, he frequently advises on challenges to the jurisdiction of the Courts of England & Wales.

Luke is listed in Managing Intellectual Property's IP Stars as a Rising Star (2019).

Contributed to

2

Standard essential patents and FRAND licensing

Practice notes

This Practice Note addresses the role played by standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing in patent litigation before the Courts of England and Wales (the English Courts). In particular, this Practice Note considers the legal landscape following the UK Supreme Court decision handed down on 26 August 2020 in the conjoined Unwired Planet and Conversant appeals and the practical implications of this decision.

Particulars of Claim—patent infringement and FRAND claim

Precedents

This is a Precedent Particulars of Claim for use in relation to a claim for infringement of patents relating to technology said to be essential to an industry standard (standard essential patents (SEPs)) and as a consequence of said infringement, a claim for a fair, reasonable and non-discriminatory (FRAND) licence determination. The Particulars of Claim must set out briefly the acts the patent owner complains about and what relief it wants the court to order. The Particulars of Claim must be served with or soon after the claim. The claimant must serve as part of, or with, its Particulars of Claim, Particulars of Infringement showing which of the claims of the SEP are alleged to be infringed and setting out at least one instance of each type of infringement alleged.