Emma Graham

Emma works across all stages of the IP lifecycle from drafting and prosecuting patents to managing offensive and defensive opposition proceedings at the EPO. She is particularly experienced in the fields of computer implemented inventions (CIIs) and optics and photonics. She regularly works with start-up companies to build and manage their patent portfolios and also advises clients on freedom to operate and infringement issues.

Areas of Expertise

• photonics
• optical devices and laser design
• medical devices including retinal implants, stents, catheters, heart valve replacements, laryngoscopes and cryogenic storage
• artificial intelligence
• cryptography and Blockchain
• networked systems and cellular communications
• semiconductor devices
• computer hardware including server design and audio components
• software
• digital healthcare and bioinformatics
• internet of things and wearable technology

Clients

Emma works with universities, start-ups and multinational corporations.

Background

Emma has a MSci degree and PhD from the University of Birmingham. Her doctorate research included a period spent working as a research assistant in the Quantum Optics and Laser Science group at Imperial College London, as part of the UK Attosecond project. She joined Mewburn Ellis LLP in 2009, qualifying as a Chartered Patent Attorney and European Patent Attorney 2013. She spent three months on secondment to a US law firm in Silicon Valley in 2014 and joined the partnership at Mewburn Ellis LLP in 2017.

Opposition highlights

Emma has worked on over 50 opposition cases, including:

• EP2903465, T1344/22: Imperial Tobacco Limited and Philip Morris Products S.A. vs RAI Strategic Holdings, Inc. Successful revocation of this patent for an electronic smoking article at first instance and appeal. 
• EP2035079: Second sight Medical Products Inc vs Pixium Vision SA. Successfully defending this patent for an electrode with increased stability resulting in maintenance of the patent as granted.
• EP3432957: Imperial Tobacco Limited vs Nicoventures Trading Limited. Representing the opponent in this opposition of this patent for an electronic vapour provision system, knocking out 13 requests and resulting in revocation of the patent.
• EP2185236, T2742/18: Cortigent Inc. vs Pixium Vision SA. Successful defence of this important patent relating to an implantable device for the brain.
• EP1061874, T1798/08: Johns Hopkins University vs IMI Intelligent Medical Implants AG. Defence of this key patent in amended form, resulting in a mention in the Case Law of the Boards of Appeal (see Case Law of the Boards of Appeal  1. B, 4.4.4) in relation to the fact the provisions of Art. 53(c) EPC did not normally apply to apparatus claims and that some features of the claimed apparatus were functionally defined in relation to the body of the patient did not, in itself, transform the apparatus claim into a method claim. 

Recommendations

Emma has been listed as a "key lawyer" in the 2022-2025 editions of The Legal 500. She is also a "recommended individual" in IAM Patent 1000 2022-2024.

"Emma Graham is very experienced and knowledgeable with EPO laws, regulations and procedures and provides timely responses to questions that arise." - Legal 500, 2025

"Emma Graham always works in every way for our interest and seeks support for us, whenever needed, from others in her firm." - Legal 500, 2022

Described as an "optics and photonics maven" and "a valuable resource for start-ups" - IAM Patent 1000, 2021