Patents

Our Practice

Our team comprises leading litigators, many with technical backgrounds, that have unrivalled experience of litigating patents before national courts (including at appeal and supreme court level) and the European Patent Office in technical fields such as pharmaceuticals, biotechnology, medical devices, telecommunications, electronics, chemicals and engineering.

We have been at the forefront of changes in patent law and practice for over 40 years and our practitioners continue to lead the way currently advising on the establishment of, and the rules governing, the proposed Unified Patent Litigation System (UPLS) in Europe. All of our partners are listed in the main legal directories.

The strength, depth and reach of our practice; our ability to work as a tightly-knit, collaborative international team, providing both legal and strategic advice with the sole aim of achieving our clients' objectives, sets us apart from our competitors and is the key to our success.

Specific areas of expertise include: 

  • conducting and co-ordinating national and multi-jurisdictional patent litigation 
  • obtaining interim injunctions 
  • oppositions and other matters before the EPO and national patent offices 
  • opinions on patent validity and infringement 
  • customs detention strategies.

Recognition

Recent team accolades include:

  • Clients say the team is packed with lawyers who "have an incredibly sound grasp of the big picture; they always strive to look beyond the horizon." Chambers 2012
  • Sources say: "The service is excellent; we were really satisfied. The team's business understanding is very good, and the lawyers are very fast if necessary. They have all the necessary expertise in-house." Chambers Global 2011
  • A "brilliantly reliable, accessible" team. Legal 500 2011
  • "It is absolutely top-notch, the best firm I have worked with", says an IP client of Simmons & Simmons. MIP World Survey 2011
  • A “seriously strong player” in the field. The team's “depth of knowledge, business perspective on cases and ability to handle matters spanning numerous jurisdictions” wins admiration. IAM Patent Litigation 250 2011

Experience

Alizyme

  • advised on a number of licensing deals in the United States, Europe and elsewhere, including the licences with Prometheus and Norgine for the commercialisation of Alizyme’s COLAL-PRED product for the treatment of ulcerative colitis.

Bayer HealthCare/Bayer Schering Pharma

  • acting in relation to various patent litigation proceedings internationally.

Conor Medsystems Inc

  • advised on a successful patent revocation action, and appeal, against Angiotech Pharmaceuticals Inc as part of its pan- European strategy to defend against Angiotech’s infringement action relating to medical devices.

CoreValve

  • represented CoreValve in patent validity and infringement litigation against Edwards Lifesciences relating to catheter-delivered heart valve technology.

DivX Inc

  • advised this owner of one the world’s most popular video compression formats, in its pan-European border dentention and anti-counterfeiting programme, preventing unlicensed product from entering the European market.

Ericsson

  • represented Ericsson in litigation against High Point concerning ETSI standards for UMTS and mobile telecommunication systems.

Ferag

  • acted in its successful appeal to the English Court of Appeal establishing patent infringement and validity in substantial proceedings concerning paper trimming machinery against world-wide competitor Müller Martini Limited.

Genmab

  • advised Danish biotech company Genmab, in its US$2.1bn licensing deal with GlaxoSmithKline for the exclusive global codevelopment and commercialisation of Genmab’s fully human monoclonal antibody.  This was the largest licensing deal involving the life sciences sector in the world to date.

GlaxoSmithKline

  • acting in substantial litigation involving patents relating to two of GSK’s biggest selling products, Seroxat (paroxetine) and Seretide (salmeterol and fluticasone propionate).  As part of this work for GSK, we were the only firm to take a patent case to the English House of Lords in 2005.  We have also advised in connection with claims for alleged misuse of GSK’s confidential information concerning a component of GSK’s antibiotic Augmentin.

Kraft Foods

  • successfully acting on high value European patent opposition proceedings and related European patent litigation concerning coffee products.

LEO Pharma

  • successfully acting on patent litigation proceedings relating to LEO's patent for a new crystal form of vitamin D (at first instance and on appeal), including obtaining an interim injunction (upheld on appeal).

Lundbeck

  • successfully advised in the appeal to the House of Lords in the Escitalopram case, a case currently being litigated in many countries.

Major consumer electronics company

  • advising on patent licence negotiation strategy and defensive measures including EU Customs detention strategies.

Major pharmaceutical company

  • advised on non-infringement and revocation claims made by generics company in relation to a portfolio of patents protecting a blockbuster chemotherapy drug.

Major telecoms equipment manufacturer

  • advising on patent infringement and essentiality issues relating to 3G mobile phone technology including involvement in UK court proceedings, licensing of essential IPR on FRAND terms.

Major telecoms service providers

  • advised on patent infringement and licensing issues against patent trolls.

Microsoft

  • lead counsel in litigation against Arendi on a patent involving a method of data retrieval, both in the Dutch Patent Court and in opposition proceedings at the European Patent Office.

SanDisk

  • advised this world leader in Flash memory data storage products, in virtually all European countries and the Gulf on a variety of issues, including copyright levies and patent litigation.  We have also advised them on the setting up of a pan-European border detention and anti-counterfeiting programme.

Takeda Europe

  • advising in connection with various commercial agreements relating to the conduct of clinical trials, the marketing, promotion, supply and sale of pharmaceutical products and consultancy services.

Virgin Media

  • advised in a high-profile patent infringement and validity dispute with a US patent licensing company, Gemstar, relating to the use of on-screen TV guides.

UPC

The Unified Patent Court will eventually have exclusive jurisdiction over all European Patents and new European Patents with Unitary Effect. 

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