Patents

The system of patent protection and enforcement in Europe has been under review for some time, with the first grants of Unitary Patents and a new Unified Patent Court expected to open its doors for business from late 2017. Whilst the UK will remain a member of the European Patent Convention and has confirmed it plans to ratify the UPC Agreement, its post-Brexit role in the UPC is uncertain. 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.

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