Patents (Dispute Resolution)

Patents

The UK left the EU on 31 January 2020. A transition period, during which EU laws continue to apply in the UK, is due to end on 31 December 2020. The UK/EU Withdrawal Agreement sets out transitional arrangements and negotiations for the future UK/EU relationship are ongoing.

Our patents team has a deep understanding of contentious and non-contentious patent matters: expertise that shapes our advice on patent protection, exploitation and enforcement strategy.

Our clients span a range of technology-rich sectors, including pharmaceuticals, biotech, medical devices, chemicals, technology, telecoms and automotive. We advise them across the spectrum 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 and Court of Justice of the European Union. We routinely advise at the cross-over between patents and competition/regulatory law, for example, in relation to Supplementary Protection Certificates and FRAND disputes.

Key Services 

  • 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 proposed Unitary Patent and Unified Patent Court, including opt-out strategies for standard European patents
  • 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
  • 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
  • Due diligence support in corporate transactions involving patents and other intellectual property rights

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