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