Patent Infringement & Disputes

Patent Infringement Actions

Claims of patent infringement are usually commenced after a letter either notifying an alleged infringer that the patent owner objects to the misuse of its patent rights. Such are the consequences of sending unjustified threats of infringement, sometimes legal proceedings are commenced without any warning.

On occasion, patent owners commence proceedings with the aid of interim injunctive relief, so as to prevent continuing sales or importation of infringing products at the outset. Prior warning may also be received years in advance by letters notifying would be infringers that once registered, the patent will be enforceable against the alleged infringing business so as to give rise to a claim in damages as a result of:

1. making, offering to sell, or sell patented products;
2. using or offering for use a patented process;
3. using or importing any product obtained directly by means of a patented process. Accordingly, patent owners are able to take action where a product has been made in another country using a patented product or process, and imported it into the UK where a patent is in force in the UK.

Patent Rights

Patents, like other forms of registered intellectual property rights protection are territorial - the rights are granted country by country, with international protection made available with the use of established procedures under the European Patent Convention and/or Patent Cooperation Treaty to facilitate international cooperation for registration of patents. International protection has become more readily available than it once was.

Once patents are granted, they are presumed to be valid until such time as they are invalidated by Courts. For this reason, counterclaims for invalidity and revocation of patents mirror claims for infringement. Claims of invalidity and defences to infringement are available on a number of grounds. Some of the grounds reach back to the application for the patent itself, and cannot be cured by later conduct of the patentee.

Our Patent Lawyers

Our patent lawyers have in-depth knowledge of patent disputes. We advise on contested claims with an understanding of the commercial realities of business disputes, and with a view to obtaining results. Our patent infringement lawyers have advised on:

1. constructions and interpretation of patents, to take account of how English Courts are likely to interpret of patents and whether particular inventions infringe;
2. defences to infringement claims in English Courts, including the Patents County Court and Intellectual Property Enterprise Court;
3. enforcing patent rights handling patent infringement claims;
4. threats of patent infringement proceedings;
5. evaluating the strength of infringement claims and defences;
6. advising on evidence available to make out defences;
7. exposure and potential liability of supply chains, distribution networks and channel partners for infringement;
8. quantification of damages as part of the process of evaluating whether infringement litigation is commercial viable;
9. designing around infringement of existing patented products and processes, so as to minimise prospects of litigation with competing products;
10. establishing bridgehead market shares in new technologies.

Defences and Counterclaims to Patent Infringement

Our solicitors have also advised on entitlement claims (who owns the patent), declarations of non-infringement, opportunities to invalidate patents, opposing patent applications and revoking patents in English Courts.

Intellectual Property Enterprise Court

Our patent lawyers have acted for clients in the Intellectual Property Enterprise Court in London, provides a unique jurisdiction for SMEs for suitable claims with cost-capping measures which ensure that exposure to adverse costs orders is limited.

Contact our solicitors for assistance resolving patent disputes and enforcement of patent rights.

London Business Solicitors & Lawyers

Our Solicitors in London assist businesses in the UK and internationally to create options, achieve realistic and attainable goals, and providing guidance to assist decision-making in a commercial context.

For more information, legal advice or to find out more about the legal services we provide, call 020 7353 1770 or contact us online.