Patents

The existing system of patent protection and enforcement in Europe has been under review for some time:  a Unified Patent Court was due to open for business in May 2017, alongside the first grants of Unitary Patents. The future of the UPC / Unitary Patent regime is now uncertain but the UK is, and will continue to be, a member of the European Patent Convention.   Our team has a deep understanding of the European patent regime and extensive experience in advising on contentious and non-contentious patent matters. We are well placed to advise on your patent protection, exploitation and enforcement strategy throughout Europe and beyond.      

Our clients span a range of technology-rich sectors, including pharmaceuticals, biotech, medical devices, chemicals, technology, telecoms and automotive. We advise them on the full suite of contentious and non-contentious patent-related matters, from new product launches and freedom to operate, to patent infringement and validity disputes and exploitation of patents through a range of commercial agreements.

When it comes to patent litigation, our lawyers are experienced in devising enforcement and patent challenge strategies and co-ordinating multi-national disputes. We have acted in some of the most high profile patent disputes, including before the appeal courts.  We routinely advise at the interface between patents and competition/regulatory law, for example, in relation to Supplementary Protection Certificates and FRAND disputes. 

Services

  • Advising on patent and Supplementary Protection Certificate (SPC) litigation including disputes relating to infringement, validity and entitlement
  • Clearing the way before product launches, comprising: freedom to operate opinions, advice on declarations of non-infringement, revocation and risks in relation to interim injunctive relief and cross-undertakings in damages
  • Extensive experience in co-ordinating global patent disputes, including co-ordination of European Patent Office (EPO) proceedings
  • Advising on strategies relating to European patent litigation, in the light of the proposed Unitary Patent and Unified Patent Court, including opt-out strategies for standard European patents
  • Advising on and negotiating a range of agreements related to patents including patent licences, R&D agreements, manufacturing, supply and distribution agreements, collaboration agreements, technology transfer, and clinical trial agreements
  • Advising at the interface between IP and Competition & Regulatory law, particularly in relation to issues relating to FRAND licensing, enforcement by non-practising entities and regulation of SPCs
  • Due diligence support in corporate transactions involving patents and other intellectual property rights

Experience

Our patent lawyers have advised on a number of patent infringement and validity disputes, including the following significant cases:

  • Warner-Lambert v Dr Reddy's Laboratories Limited
  • HTC v Gemalto
  • ratiopharm v Alza
  • Ranbaxy v AstraZeneca
  • Leo Pharma v Sandoz
  • Ranbaxy v Warner-Lambert
  • Arrow Generics v Merck
  • Cairnstores v AstraZeneca
  • SKB v Generics UK
  • Lupin v Servier
  • Red Spider Technology Ltd. v Omega Completion Ltd.
  • Offshore Hydrocarbon Mapping Plc. v Electromagnetic Geoservices A/S
  • Advanta Natherlands Holdings B.V. v Cargill Inc.
  • Orasure Inc. v Diomed Developments Ltd.

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