We are very pleased to announce that Amar Goussu Staub was highly praised by JUVE Patent in its ranking 2020 for the “Top patent litigation firms in France”:
“This small IP boutique is well positioned in the Paris market and is best known in patent litigation for its notable clients from the telecoms sector. It also boasts a solid client base of French midsized companies. The team has gained visibility in patent litigation. The work of name partner Cyrille Amar in high-profile telecoms proceedings, e.g. on the side of ETSI in the pan-European dispute between TCL and Philips, drew the most attention in the market. He acted for LG in the dispute against Conversant Wireless and was to thank for the NPE’s controversial SEPs being declared non-essential. Another major mobile telecoms provider, Ericsson, banked on his know-how in high-profile proceedings. Besides these, French clients from a range of industrial sectors, e.g. heating technology or medical devices, frequently call on the team for patent disputes. The firm also advises on licensing and FTO, as well as covering the IP side of deals.”
Update on FRAND decisions before French courts:
In the case between TCL and Philips and in which ETSI was represented by our firm, a first decision was rendered on February 7, 2020. The pre-trial judge dismissed Philips’ challenge and decided that the Paris Court had indeed jurisdiction to hear a request for the determination of FRAND licensing conditions.
The judge noted on this occasion, following our argument, that the link between the promisor (Philips), the promisee(ETSI) and the beneficiary (TCL) stemmed from ETSI’s rules of procedure and was therefore contractual in nature.
A hearing on the merits will be held on June 2, 2020 during which the court will examine ETSI’s request to be exonerated, in particular on the grounds that the stipulation for the benefit of a third party (stipulation pour autrui) excludes any implication of the promisee in the relationship between the promisor and the beneficiary once the beneficiary has accepted the promise.
Identity fraud against a commerce high school: trademarks are invalid. The firm assisted a Business School, in a case of fraudulent trademarks registration. The Lyon Civil Court declared the trademarks registered by the opposing party invalid, for fraudulent registration and for infringement of a domain name. The Court also condemned the opposing party for unfair competition, and ordered the transfer of the domain names, under penalty of a daily fine.
Original character of a knife handle model: The court cuts off the case as we pleaded! The firm intervened in a copyright infringement dispute, in defense of the interests of a French leader in cutlery and tableware. The Paris Civil Court held the original character of the knife handle model, which constitutes a work which can be protected on the basis of copyright, and condemned the opposing party for infringement. The Court also issued prohibition orders, under penalty of a daily fine.
Essential Standard Patents (SEPs – FRAND): Recent news on the Philips-TCL case: On 3 December 2019, during a pre-trial hearing focused on the competence of the French court, Cyrille Amar pleaded for ETSI, the standard setting organisation. Learn more.
The agreement: a tool enabling a best protection for trade secrets in the telecom industry. Read the new article (in French) written by Cyrille Amar in the issue of December 2019 of the legal review Communication – Commerce électronique (ref CCE 2019/12, pratique n°16)
Trademark infringement and unfair competition: Victory in favor of a famous orchestra! The firm assisted a world famous music orchestra, in a case of fraudulent trademarks registration, unfair competition and parasitism. The transfer of the trademarks to the benefit of the orchestra was ordered by the Lyon Civil Court, which also condemned the opposing party for unfair competition and parasitism, issued prohibition orders under penalty, and ordered the publication of the decision.
A new associate has joined the firm on the 4th of Sept.: It is our pleasure to introduce our new associate, Pierre Nieuwyaer, as associate. With an already rich experience of several years in a leading international lawfirm, Pierre is coming to reinforce our existing team. Please visit Pierre’s dedicated page here.
A new GRDP audit achieved! Our firm achieved in the required deadlines (end of July!) the GRDP audit and the review of the implementation of the recommendations made to a BtoB services provider specialized in Web and mobile applications monitoring in the fields of bank, insurance, luxury and e-business.
Intellectual property and cartoon movie: The firm achieved the formalisation of the rights assignments necessary for exploitation of an original cartoon movie dedicated to TV broadcasting. The executed agreements related on the designers, cartoonists and the music composer rights, and the pre-distribution of the animated movie.
Internet-of-things (IoT): The firm assisted one of its clients, a world leader in spirits market, in a large and unprecedented marketing campaign focused on Internet-on-things.
The firm also supports charity projects: The firm is particularly proud to have advised an associative restaurant in its project of partnership with an original concept of catering aimed at fighting against food waste while offering meals to people in difficulty, in a comfortable, artistic and contemporary setting. World-renowned names in the world of cooking and contemporary art have participated in this fabulous and successful project.
Our firm has been distinguished as a “rising team” in the category “Lawyers: Patents” at the edition 2018 of the Trophees du Droit Edition conseils juridiques.
We completed the drafting and negociation of an important amendment to a contract of supply of a monitoring center
We completed negociation and finalisation of an important international agreement for the supply and operation of a system aiming at supervising electronic communications.
Advising a software editor acting in the field of insurances for implementation of a PoC (Proof of Concept)
Proceedings before the Paris Civil Court concerning parasitism in the field of dating websites and cosmetics
Proceedings before the Paris Civil Court concerning a European patent infringement in the industry of laminators
Advice of a public body focusing on science and technology on the determination of ownership rights of a software created by an employee.
Proceedings before the Paris Court of Appeal concerning copyright infringement, unfair competition, parasitism and disparagement in the cutlery and tableware industry
Proceedings before the Paris Civil Court concerning an alleged patent infringement, unfair competition and parasitism in the health industry
Survey and analysis of IP and distribution litigation in the EU for an international healthcare and cosmetics company.
Advise of a French local authority as regards protection of new trademarks and its exchanges with INPI
Consortium for R&D concerning an encryption system for electronic communications
Negotiation of a contract for the implementation of a Bug Bounty program (community tests of computer attacks)
Settlement ending proceedings for trademark infringement in the field of hi-fi
Drafting of a Web development agreement for a producer of industrial oils
Defense of a mobile telecommunication operator before an arbitral tribunal in relation to a FRAND licence on standard essential patents.
Legal support in relation with the proposition made in reply to a bid issued by a first rank bank
Representation of a professional of the tourist industry in a trademark infringement matter
Specific advise concerning regulation applicable to dual-use products (aka “R226-1”)
Action for recovery of property for a well-known football player (registered surname)
Negotiation of a settlement agreement following a long-term investment and collaborative R&D project of biotechnologies and pharmaceutical industry
Negotiation of a support agreement based on time and materials, and concerning a 5G-related R&D project implemented by a company specialized in networks simulation tools and a telecom equipment manufacturer
Dispute resolution before the Court of Appeal of Paris concerning a claimed infringement of designs and patterns in the sector of optical distribution
Finalization of negotiations on a project of products development, between a multi-core chips designer and an aeronautics manufacturer