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.