Miruna Bercariu

Call: 2023

Miruna joined 11 South Square as a tenant in January 2024 following the successful completion of pupillage. Miruna’s supervisors were Chris Aikens, Christopher Hall, Adam Gamsa, Kathryn Pickard and David Ivison.

Miruna appeared in a four-week account of profits trial in the High Court as junior counsel on behalf of Lufthansa in Lufthansa v Astronics, Panasonic and Safran [2024]. She was also involved in the Kigen v Thales FRAND dispute relating to eSIM patents asserted to be essential under the GSMA standards.

Miruna studied law as an undergraduate at St Catharine’s College, University of Cambridge, where she received a First Class in Intellectual Property Law. Following her undergraduate studies, she completed the Bar Training Course (BTC) at the Inns of Court College of Advocacy. During the BTC, Miruna worked for the Free Representation Unit, where she represented her first client at a hearing in the Employment Tribunal. She published several articles on international legal blogs on topics of Intellectual Property, Contract Law and Data Protection.

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Recent & Notable Cases

Tesla, Inc and another (Appellants) v InterDigital Patent Holdings, Inc and others (Respondents) [2026] UKSC 27

On 27 July 2026, the UK Supreme Court handed down judgment in this matter. The appeal considered the first instance decision of Fancourt J ([2024] EWHC 1815 (Ch)) and the decision of the majority of the Court of Appeal...

Nador Cott Protection S.A.S. v (1) ASDA Stores Ltd & or [2026] EWHC 553 (Pat)

This is the very first decision of a UK court regarding the infringement of a plant breeders’ right (“PBR”) granted pursuant to the Plant Varieties Act 1997 (“PVA”). The Claimant is the owner of UK PBR No. 28016 for a va...

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor (Re Interest) [2025] EWHC 1034 (Pat)

This judgment concerns the question of whether as a matter of principle ancillary interest may be awarded upon sums found due in an account of profits for patent infringement. The defendants had each been held liable...

R v Andrew Lakeman, 23 April 2025, Cambridge Crown Court, 35NT1558319

Miruna advised on copyright subsistence and infringement in a criminal case concerning the alleged theft of video game currency, successfully assisting lead counsel at the preparatory hearing in this matter in the Cambri...

Tesla v InterDigital & Avanci [2025] EWCA Civ 193

In the latest chapter of FRAND litigation before the English courts, the Court of Appeal sets the boundaries of the courts’ jurisdiction to make FRAND declarations requested by the implementer in relation to a SEP platfo...

The appeal considered Fancourt J’s judgment ([2024] EWHC 1815 (Ch)) allowing Avanci’s Part 11 Application to set aside permission to serve out granted to Tesla on its ex parte application before Mellor J. We have summarised the factual background of the dispute in our previous note here.

The Court heard the appeal in December 2023. Notwithstanding the main judgment given by Arnold LJ, the majority (Phillips and Whipple LLJ) dismissed Tesla’s appeal for lack of a serious issue to be tried against each of Avanci and InterDigital alone. Notably, the majority confirmed that Tesla does not meet the requirements set out in Vestel Electronic Sanayi Vi Ticarat AS v Access Advance LLC [2021] EWCA Civ 440 in circumstances where it does not have any legally enforceable right against Avanci. Of relevance to the Court’s decision was, inter alia, the fact that Avanci does not agree or purport to fulfil any SEP owner’s ETSI obligations, which individual SEP owners remain under an obligation to satisfy by offering bilateral licences on FRAND terms. Instead, the Avanci 5G Platform is simply a commercially convenient arrangement through which SEP owners can choose to licence their SEPs in the alternative to a multitude of bilateral agreements and outside the scope of their ETSI FRAND undertaking.

The Court unanimously upheld the Judge’s decision refusing to permit the claim for FRAND declarations to be brought against InterDigital under CPR rule 19.8 as a representative of all SEP holders whose SEPs are included in the Avanci 5G Platform.

Tesla was refused permission to appeal by the Court of Appeal. It is entitled to apply for permission from the Supreme Court.

Brian Nicholson KC and Miruna Bercariu acted for Avanci, jointly instructed by Osborne Clarke and EIP.

[2025] EWCA Civ 193

Lufthansa Technik AG v Astronics Advanced Electronic Systems & others [2025] EWHC 375 (Pat)

This is the judgment in an account of profits following the liability trial ([2020] EWHC 1968 (Pat)) concerning infringement of Lufthansa’s patent for an aircraft passenger in-seat power supply system. Astronics manufact...

Kigen v Thales

Iain Purvis KC, Kathryn Pickard, David Ivison and Miruna Bercariu were instructed by Reed Smith LLP to act for Kigen in the Kigen v Thales HP-2022-000011 FRAND dispute relating to standards-essential eSIM patents. This...