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Why Linklaters?

We have extensive experience of a wide range of patent disputes across Europe.

Europe-wide patent expertise

A seamless service

Enforcing intellectual property rights that protect innovative products is an important factor for success in any industry. Together with our clients, we develop and implement patent enforcement strategies across Europe.

Our intellectual property lawyers have a strong track record in patent litigation cases. We help clients develop effective multi-jurisdictional litigation strategies, including launching and defending patent infringement proceedings in respect of their key products and technologies, and proactively commencing revocation and nullity actions in jurisdictions which may be more favourable to our clients.

Most of the cases we handle do not stop at the border. We work together closely across jurisdictions and provide a truly seamless service when acting in multi-jurisdictional litigation. We understand the characteristics and peculiarities of the key patent litigation venues and advise on how to utilise these to create strategic advantages.

With teams in Germany, the UK, France and Belgium, we are present in the important patent litigation jurisdictions in Europe; besides this, we have a good knowledge of the US litigation system and we are used to coordinating European and parallel US litigation, providing clients with a consistent approach, wherever they need us.

Linklaters’ lawyers have experience in co-ordinating litigation strategies with other advisers from our international network of leading IP lawyers. This allows us to use our experience as well as our shared knowhow while always taking relevant cultural specificities into consideration. Our structure is particularly adapted to managing complex cross-border matters and advising you on key cross-border projects like the Unified Patent Court (UPC).

Our experience of cross border patent litigation will allow us to help you define the best strategy to litigate before the UPC:

  • Choosing and securing suitable patents.
  • Choosing suitable defendants.
  • Choosing the right division (possibility of bifurcation).

Overview of our patent litigation capabilities

  • Strong track record for complex cross-border patent litigation proceedings.
  • Development of efficient patent litigation strategies.
  • Representing clients in patent litigation proceedings and handling of nullity actions.
  • Enforcement of discovery and inspection claims.
  • Track record with preliminary injunction proceedings trade show seizures and saisie contrefaçon.

“Often involved in massive multinational matters.”

Chambers Global 2015, Intellectual property

Multi-jurisdictional experience

We have extensive experience of a wide range of patent disputes across Europe representing:

  • Osram in its global patent infringement dispute with LG Electronics including the United States, Germany, South Korea, Japan and China.
  • A leading global pharmaceutical company in a cross-border patent litigation involving the U.S., UK, France and Germany in the field of monoclonal antibodies.
  • An international industrial supplier of railway equipment in a cross-border patent litigation proceeding in France, Germany and Italy, relating to infringement and validity aspects.
  • Tate & Lyle on cross border patent infringement (Belgium, France, UK) proceedings, involving various search and seizure actions, motions for injunctive and permanent relief and damage proceedings.
  • Warner Lambert Company LLC on their second medical use patent for Pregabalin (Lyrica), a blockbuster for the treatment of neuropathic pain.
  • Epcos in a patent infringement proceeding regarding piezo actuators and the corresponding nullity actions before the German Federal Court of Justice.
  • Bayer CropScience in various preliminary ruling proceedings before the European Court of Justice regarding the interpretation of the Regulation and Directive concerning supplemental protection certificates.
  • Cincinnati Children’s Hospital Research Foundation, a US research organisation, in defending proceedings for patent revocation and a declaration of non-infringement brought by Synageva in both France and the UK relating to recombinant lysosomal acid lipase, in the treatment of a lysosomal storage disorder.
  • A global chemical company in patent litigation proceedings relating to food-safe printing inks / a manufacturer of foils in a patent infringement proceeding regarding polypropylene foils.
  • A manufacturer of security solutions in patent infringement and the corresponding nullity proceedings.
  • Janssen Biologics Inc, a subsidiary of Johnson & Johnson, in relation to UK patent revocation proceedings against Abbott/Abbvie regarding the use of anti-IL-12 monoclonal antibodies in the treatment of psoriasis. The proceedings involved working with experts on techniques for creating humanised monoclonal antibodies and the analysis of their binding properties. Our role included co-ordinating related proceedings in the US, Canada, Germany, Switzerland, the Netherlands and the EPO.
  • A company specialised in the development of M2M equipment and services in a dispute related to essential patent licences covering 2G and 3G standards – reasonable and non-discriminatory license issues (FRAND).
  • A dental pharmaceuticals and consumables group in a patent dispute related to medical devices in France, obtaining one of the few decisions which found infringement based of the doctrine of equivalents and in corresponding litigation in Germany and the UK.
  • Pfizer Inc. in proceedings for patent infringement, involving Viagra, Celebrex, Zyvoxid and Vfend.
  • Janssen-Cilag NV, a subsidiary of Johnson & Johnson, in bringing patent revocation proceedings against Bayer Healthcare regarding the use of anti-tumour necrosis factor antibodies for the treatment of rheumatoid arthritis and other diseases. We co-ordinated proceedings in a number of European jurisdictions.
  • Shire Pharmaceuticals in patent revocation proceedings regarding the use of recombinant-galactosidase in enzyme replacement therapy for Fabry’s disease. The case involved overseeing complex experiments which were conducted specifically for the purpose of the UK proceedings and involved a legal dispute regarding the use of the experimental evidence in proceedings in other European jurisdictions. We co-ordinated the related actions in Germany and Sweden and the EPO opposition proceedings.
  • Johnson & Johnson, as licensee of Kirin Amgen, on its long-running disputes with TKT and others relating to recombinant erythropoeitin, its then blockbuster biotech product, culminating in the UK in a House of Lords decision establishing new law on the construction of patents and determining patent infringement. We were involved in co-ordinating with counterpart litigation in numerous jurisdictions worldwide.
  • Merck & Co. in its defence of proceedings brought by Actavis to revoke a Merck patent regarding a dosage regime of finasteride for the treatment of androgenic alopecia (male pattern baldness). This is a landmark case on the patentability of dosage regimes in the UK and the significance attributed to EPO case law by the UK courts.
  • Shire Pharmaceuticals in a claim brought by Generics [UK] Limited regarding a supplementary protection certificate (SPC) relating to the use of galantamine for the treatment of Alzheimer’s disease. This case was referred to the Court of Justice of the European Union and is a leading case on SPC law.
  • Janssen in defending proceedings brought by Actavis in both France and the UK to revoke Janssen’s European patent relating to agents for lowering blood pressure. We were also involved in co-ordinating parallel actions across Europe, including in Austria, Hungary and Italy.

Cross-practice approach

A robust methodology

We will work alongside you and as an extension of your team. Our approach involves multiple practices to cover the complete scope of our clients’ business.

The size of our global intellectual property (IP) practice, combined with our industry-specific expertise and ability to work on a cross-practice basis, enables us to offer co-ordinated project management.

Using the local knowledge and expertise from our various offices and practices ensures we can deal quickly and efficiently with IP and patent litigation issues.

By combining the expertise of our competition, tax, insolvency, capital markets and M&A lawyers, we offer a comprehensive view of the issues involved, taking into account associated risks and avoiding litigation where possible to deliver the best strategy.

Experts across our offices and practices regularly work together and we are able to provide a seamless service when advising on multi-jurisdictional projects involving multiple issues.

Alternative Dispute Resolution

We also handle licensing disputes and competition issues in IP cases. In addition, we have experience of handling other forms of dispute resolution, including:

  • arbitration.
  • negotiation.
  • conciliation and mediation.
  • adjudication.
  • expert determination.

Where possible, we aim to resolve disputes out of court. Even where litigation is unavoidable, we take care to pick the right cases to pursue through the courts and continue to look for pragmatic settlements.