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Patents (Dispute Resolution)

Patents

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, software and automotive. We advise them across the spectrum of contentious and non-contentious patent-related matters, from new product launches, freedom to operate and patentability, through patent drafting and registration, to patent infringement and validity disputes, including 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 patentability, patent landscaping, invention harvesting and capture 
  • Drafting and prosecution of patent applications, and advising on scope of protection as part of a broader IP strategy 
  • Opposing and defending oppositions before the European Patent Office (EPO) 
  • 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 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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