Defending Actions

Defending Actions

Even the most watertight IP position is subject to challenge from time to time. It is important to adopt a robust and consistent defensive line from the outset. We can undertake an early analysis of any potential claim in order to assess the merits of the case against you, identify a range of options and help you to choose which of these will give the best outcome for your business, balancing the price of winning or losing against the use of management time and up-front expenses.

Example:

Our client wished to launch a generic alternative formulation of a patented drug. It was highly likely that the patent owner would try to prevent the launch with an interim injunction application. We began preparing evidence around three months before the expected launch of our clients drug. When the injunction application came, we had less than 2 working days before the hearing, but we had already prepared compelling evidence and the patent holder’s application was refused. In addition, due to our advance preparation, we were able to move the action to trial in less than four months, keeping any potential damages liability for our client to a minimum. Our client was successful at trial and the patent was revoked.

See Case Study