Patents

The system of patent protection and enforcement in Europe has been under review for some time, with proposals for a new Unified Patent Court, alongside a Unitary Patent. Our team has a deep understanding of the existing and proposed European patent protection regimes, with extensive experience 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. 

  • Advising on patent and Supplementary Protection Certificate (SPC) litigation including infringement, validity and entitlement disputes
  • 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
  • Coordinating global patent disputes, including European Patent Office (EPO) proceedings
  • Advising on strategies relating to European patent litigation, in the light of the Unitary Patent and Unified Patent Court, including opt-out strategies for standard European patents
  • Advising on and negotiating a range of patent-related agreements 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 FRAND licensing, enforcement by non-practising entities and regulation of SPCs
  • Due diligence support in corporate transactions involving patents and other intellectual property rights
  • Representing Dr Reddy's Laboratories in patent infringement and validity proceedings against Warner-Lambert relating to its second medical use patent for pregabalin 
  • Acting for Lupin Ltd in proceedings against Gilead Sciences Inc over the validity of Gilead's Supplementary Protection Certificate for Truvada
  • Acting for Advanta Netherlands B.V. in various patent disputes including successfully revoking Cargill's patent for a high stearic, high oleic sunflower oil
  • Advising Dermal Laboratories and Sixtem Life Srl in defending patent infringement proceedings brought by Orasure Inc relating to Dermal's 'Bazuka Sub-Zero' cryogenic wart treatment
  • Advising Offshore Hydrocarbon Mapping PLC as defendants in a patent infringement claim by EMGS ASA in respect of electromagnetic oil exploration technology
  • Members of the team have also acted in a range of significant patent cases including:
    • HTC v Gemalto
    • ratiopharm v Alza
    • Ranbaxy v AstraZeneca
    • Leo Pharma v Sandoz
    • Ranbaxy v Warner-Lambert
    • Arrow Generics v Merck
    • Cairnstores v AstraZeneca
    • SmithKline Beecham v Generics UK

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