Loïc Lemercier, Partner, heads the Intellectual Property and Technologies (IP&T) group of Dentons’ Paris office.
Over the last 10 years, Loïc has handled both contentious and non-contentious patent, trademark, copyright, design, unfair competition and trade secret cases.
Focusing on industrial property, Loïc has built a solid patent litigation track record assisting many large corporations with a particular emphasis on the pharmaceutical and telecoms sectors. Loïc's practice includes initiating and defending preliminary injunction proceedings, seizures for gathering evidence, and actions on the merits dealing with validity and/or infringement of the intellectual property rights.
Loïc regularly advises clients in the technology sector, particularly in relation to FRAND obligations and the impact of those obligations on obtaining relief in France.
In addition to his litigation work, Loïc advises his clients on contract negotiation and drafting (e.g. R&D, trademark or patent licensing, pledge agreement) in the context of M&A transactions.
Experience
Leading Chinese ICT company operating globally: Advising on FRAND and patent issues in a case where a patent holder refused to engage licensing negotiations and where a claim was therefore filed to evidence that a breach of its obligation to license its SEPs on FRAND terms has been made, and also that the patents were invalid.
French high-tech group operating globally: Advising on drafting internal policies for protecting inventions carried out by trainees or third parties.
Leading modem manufacturer: Advising on partnership agreements to facilitate market adoption of new technologies.
Medical device manufacturer: Representing in an alternative dispute resolution further to a patent infringement action brought before French courts.
US veterinary company: Representing before French courts in connection with the launch of a generic drug on the French market.
Global healthcare player: Representing before French courts in connection with infringement seizure proceedings followed by a main action and IP proceedings on a biosimilar formulation patent.
UK pharmaceutical company focusing on urological disorders: Representing before the Court of Appeal against a decision of the French PTO rejecting an SPC application.
Swiss multinational biopharmaceutical company: Assisting with the strategy to avoid infringement actions in Europe.
One of the global leaders in generic and biopharmaceutical treatments: Representing before French courts and advising in connection with several patent litigations (invalidity and infringement).
French worldwide leader in cosmetics: Advising on trademark issues regarding the acquisition of a competitor business.
Japanese automotive manufacturer: Advising on trademark, design and copyright issues.
Company operating internationally in the clinical healthcare software sector: Advising on the submission of a firm offer and launch of an exclusive agreement to acquire part of the healthcare software business.
European multinational aerospace group: Advising on R&D agreements.
International hotel group: Advising on IP license agreements.
Recognition
WIPR Leaders 2021: Loïc is recognized as “Patent Leader - France”.
MIP IP Stars 2020/2021: Loïc is recognized as a "Rising Star".
Legal 500 EMEA: Loïc is recognized as a "Standout practitioner", Tier 1, in the "Intellectual Property" category (2019). One market observer comments that Loïc “plays an important role in the team" (2018).
Managing Intellectual Property (MIP) 2019: Loïc is recognized as a "Rising Star" in the "Intellectual Property" category.
Insights
Co-author, "Private Acquisitions: Intellectual Property Issues (France)", Practical Law, June 1, 2021
“French Court of Appeal SPC decision raises validity concerns,” IAM Media, October 2020
“Protection of a slogan as a trademark, beware of headache,” Passle, September 2020
Co-author, “Compulsory licensing and new provisions affecting IP holders during the coronavirus crisis in France and globally,” Passle, April 2020
Co-author, “Evolution of IP Protection for Artificial Intelligence in France,” Lexology, January 2020
Activities and Affiliations
Presentations
Lecturer, Intellectual Property Law, Ecole de Formation professionnelle des Barreaux de la cour d'appel de Paris (EFB), since 2017
Memberships
Member of the International Association for the Protection of Intellectual Property (AIPPI)
Prior and Present Employment
Joined Dentons in 2021
Counsel, Clifford Chance, 2019-2021