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Intellectual property

Patents and patent litigation

patents and patent litigation

how to manage and get the most out of your IP

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we are delighted to have been endorsed by IP Stars for our trade mark work

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Effectively resolving disputes involving patented technology requires a specialist skill set. We work with clients to help them identify and protect what are often their key business assets; some of the UK’s best-known companies trust us to advise them to combat allegations of infringement of third party intellectual property rights.

Our team draws on its experience from the worlds of engineering, electronics, manufacturing, telecommunications and life sciences to deliver a service that is tailored to your industry and innovation - a significant proportion of our team have worked with, been on secondment to or worked in house at companies across these sectors.

Where the issue of infringement or validity of a patent becomes a live issue, we have extensive experience of litigating across many of the forums in the UK, whether this be in the Court of Appeal, High Court, Intellectual Property and Enterprise Court as well as experience with the UK and European Intellectual Property Offices.

what we do...

Specialists – experience of enforcement of patent rights, co-ordination of international patent litigation and dispute resolution, defending claims for patent infringement, dealing with challenges to the validity of patents, patent entitlement issues, declaratory relief, preliminary injunctions and opinion work (including freedom to operate reviews). A number of our patent litigators have scientific backgrounds, enabling us to understand our clients’ technologies.
Practical experience – practical rather than theoretical experience, enabling us to tailor each piece of litigation to suit the commercial needs of each client.
In-depth familiarity with the court system - we regularly conduct disputes in a variety of forums, ranging from the Intellectual Property Enterprise Court to the High Court and Court of Appeal.

Trusted advisors - we work with high profile clients who trust us to help them identify and protect what are often their key business assets.
International work – patents are territorial and we are well equipped to handle the international aspects. We can quickly and cost effectively instruct and co-ordinate foreign lawyers and IP attorneys through our close relationships with patent and trade mark attorneys, and through Pangea Net, a non-exclusive, international network of independent law firms.

related resources

Upcoming webinars

Unjustified threats webinar

In this webinar, we shall discuss upcoming changes to the law. It is important that rights holders and their representatives understand how the threats regime can be both a sword and shield in IP litigation.

View upcoming webinars

'Arrow' declarations - lessons from Fujifilm v AbbVie, case law webinar update

The Patents Court has granted declarations that dosage regimens were obvious at the claimed priority dates of certain of AbbVie’s patents and patent applications.

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Cost effective patent litigation - hear from patents expert Kathleen Fox Murphy

In this three minute video Kathleen Fox Murphy talks about the costs involved in UK patent litigation and how you can reduce these costs, looking particularly at the high court shorter trials scheme pilot and the IPEC.

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Defences to patent infringement - hear from patents expert Giles Parsons

In this video Giles Parsons looks at the case of Schenck Rotec v Universal Balancing Limited, focusing on the experimental use defence, why it is misunderstood, and other defences to patent infringement.

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what our clients say....

Exceptional client service Browne Jacobson

Very happy with the service from a very switched on team. They did a great job and this work was and continues to be, appreciated by my directors.

Amy Chapman - Group Legal Director, Mace Limited

At London Taxi Corporation we value our intellectual property highly. The team ensures that the management and enforcement of our rights is joined up and frankly easier to manage.

Peter Johansen - Vice President UK Operations, London Taxi Corporation Limited

what the directories say...

On the contentious front, Browne Jacobson acted for the London Taxi Corporation in its spat with Frazer-Nash Research Limited and Ecotive – a multi-layered dispute of significant legal and public interest.

World Trademark Review 2017

Browne Jacobson’s commercial group has transformed itself from a regional heavyweight into a truly national player

Commercial team of the year, Solicitors Journal Awards 2017

recent experience

Advising the provider of a cloud based customer intelligence platform in respect of a patent infringement and validity and breach of confidence dispute in which our client was the claimant. The litigation involved a large number of complex issues surrounding infringement, validity, patentable subject matter and amendment of a software patent. A corresponding European Patent was being opposed in the EPO at the same time.
Acting for a household name in the health sector in defence of allegations of patent infringement in respect of a therapeutically crucial diagnostic test.
Advising a leading 3D holographic technology company in respect of a complex patent infringement and validity dispute in which our client was the Claimant. The matter involved a number of disputes including the requirement for disclosures to be enabling, the standard of proof required in UK patent proceedings, and international patent rights exhaustion. As a result of two of the four defendants’ failure to pay relevant costs orders flowing from successful interim applicatons, our client applied for and obtained judgment for infringement of its patent.
Acting on behalf of one of the world's largest manufacturers of speciality metal cutting products in the High Court and Court of Appeal. Our client (a US based company) holds a global portfolio of patents that relate to new and innovative cutting geometry, as applied to high feed milling machinery. As well as raising complex issues of validity and infringement, the above proceedings remain one of the few cases where the interrelationship between amendment in the national Patent Court and the European Patent Office has been considered.
Advising Rapiscan Systems Limited and its parent, OSI Systems Incon patent infringement proceedings brought by American Science & Engineering and, at the same time, a revocation action at the UK Intellectual Property Office relating to one of Rapiscan’s backscatter x-ray detection patents. We were able to instantly provide them with a dedicated team which understands Rapiscan’s commercial and technical objectives, dealing with a dispute that is valued in excess of £10 million, listed with technical difficulty rating of 4, and with a five day trial listed for March 2016.

our people

related opinions

“They think it’s all over…” …it is now for infringing Premier League Streams

The Football Association Premier League “FAPL” sought an injunction against internet service providers (most of which consented or did not object) requiring them to block access to servers used to deliver infringing streams of Premier League footage.

View blog

Advocate General highlights the importance of keeping up with national case law when dealing with EU trade mark proceedings

Advocate General Kolkott’s opinion on 2 December 2016 (EUIPO v Szajner - C-598/14 P) highlights the importance of keeping up with national case law when dealing with EU trade mark opposition or invalidity appeal proceedings.

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High Court analyses “AgrEvo” obviousness in Merck v Shionogi

Traditional challenges to the inventive step of a patent are based on an allegation that it would be obvious to take a step from a specific item of prior art to the claimed invention.

View blog