The system of patent protection and enforcement in Europe has been under review for some time, with a new Unified Patent Court expected to open its doors for business from 2018 (alongside the first grants of Unitary Patents). 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.
- 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
Our patent lawyers have advised on a number of patent and SPC infringement and validity disputes, including the following significant cases:
- Lupin Ltd v Gilead Sciences Inc
- 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.