Patent Services

Patent Services

Our patents team includes experts from scientific disciplines who understand the technology as well as the law, ensuring protection for inventions or products of importance to your business. In addition to advice on filing patents and freedom to operate, we undertake all aspects of patent litigation such as enforcing patent rights, defending infringement actions or challenging the validity of a patent in advance of a third party issuing proceedings. Patent disputes are often cross-border and it can be vital to be the first to issue proceedings in the jurisdiction of your choice. We can advise on the merits of so-called forum shopping.

Example:

C was a German chemicals manufacturer supplying precursors and APIs to a wide range of pharmaceutical companies. A number of generic manufacturers were about to be granted marketing authorisations for products based upon C’s API, but the API itself was subject to a patent owned by the original approval holder. We advised C that launching a product in these circumstances, without first ‘clearing the undergrowth’ of UK patents that might be infringed, would result in a high probability of an interim injunction being granted in the UK. Prior to the expected grant of the first marketing authorisation in the UK, we commenced proceedings for revocation of the UK patent to be heard as an expedited action. The chemists in our team were able to identify and obtain evidence quickly from suitable experts in the fields of synthetic organic chemistry and x-ray crystallography. All of the claims relevant to our client were revoked, leaving C free to manufacture the API and leaving C’s customers free to sell products based upon it. The judgment, achieved within a remarkably short time, also set a persuasive precedent for courts in other jurisdictions.

See Case Study

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