IP LITIGATION

Bringing commercial focus to IP disputes

We understand that disputes are, at best, an unwelcome distraction from your commercial priorities. But, if you fail to secure a positive resolution, the implications for your business could be both far reaching and highly damaging. That is why you need experienced litigators on your side, who can bring clarity and focus to your situation, navigating a path through the most challenging of circumstances.

Sometimes you will require us to calm a situation as quickly and amicably as possible, particularly where your goal is to preserve commercial relationships. In other circumstances, you need us to fight your corner. Maybe your goal is to set a legal precedent or send a strong message to the marketplace. Whatever the case, when it is necessary to go to court, you need to know your team has the expertise, the practical experience and commitment to maximise your chance of success.

As one of the largest, specialist IP litigation teams in Europe, we have the necessary depth in expertise to support you at every stage of a dispute. Critically, we can draw on the deep technical and sector-specific knowledge of our patent and trade mark attorneys. We combine this with the legal and strategic expertise of our highly experienced IP solicitors. The result is a bespoke team that will support you to secure the most commercially effective outcome.

This multidisciplinary approach means we can handle the most complex litigation.

When faced with a major litigation scenario, involving multiple jurisdictions, you need experienced advisers who understand the procedural complexities of coordinating multiple court systems and legal teams. This is especially true in sectors where IP and regulatory issues collide.

We have advised on some of the largest and most complex IP disputes the courts have seen in recent years. Working with our established network of leading IP litigators across the world, we can assemble bespoke, cross-border teams at very short notice to develop and implement a cohesive dispute resolution strategy, protecting your interests in all relevant markets.
Sometimes disputes are best suited to the streamlined, cost effective regime of the IPEC. This may be particularly true for SMEs who need to resolve issues swiftly and at proportionate cost. We have extensive experience of working within the IPEC’s specialist framework, providing clear and often capped budgets to provide you with certainty from a cost perspective.
Securing or defending against an interim injunction requires swift and assertive action. When such emergency situations arise, you need experienced litigators to give you the clarity and confidence to assess the situation and secure the required outcome in a matter of days. Our seasoned litigators all have extensive practical expertise in this area and are well placed to deal with these business-critical situations quickly, calmly and effectively.
Good litigation strategies can enable you to avoid litigation altogether. They can be used to leverage outcomes that could not otherwise be achieved. Our starting point is always to identify your commercial objectives. Once we know where you want to get to, we can shape an effective course of action with you. You can be confident in our ability to think ahead, evaluate risks and develop an approach that aligns with your commercial goals. In most scenarios, this involves mapping out an alternative path to court action, commonly utilising mediation and/or without prejudice negotiation as an alternative route to resolution.

Where court action is necessary, it is again often the means to achieve the desired objective rather than the goal in its own right, particularly in the most complex, global disputes. Whatever your commercial aims, we can work with you to produce a strategy that uses all of the litigation tools available to ensure the best possible result.
From social media forums to online auction sites and domain name registries, intellectual property infringement in the online environment is a major concern for many businesses. Our team of specialists has the requisite knowledge and expertise to ensure online activities that could be harmful to your business are stopped in their tracks.

Partner - IP Solicitor

Partner & Board Member - IP Solicitor

Partner - IP Solicitor

Partner - Attorney at Law

Partner - IP Solicitor

Senior Associate - IP Solicitor

Associate - IP Solicitor

Consultant - IP Solicitor

In a significant case for the Nordic fishing industry, we successfully defended a patent, which we had also prosecuted to grant, when it faced an Opposition from a global manufacturer of food processing equipment.

One of Potter Clarkson’s key strengths is our ability to create cross-disciplinary teams comprising of IP attorneys from multiple technology areas and IP solicitors. We utilised this approach recently whilst working with a start-up client producing algae for feed and food.

When it faced difficulties in securing protection for a key trade mark, global consumer goods company, Reckitt Benckiser Group (Reckitt), engaged our trade marks team to overcome the objections of the EUIPO and UKIPO.

IP LITIGATION

AREAS OF EXPERTISE

KEY CONTACTS

Mark Kramer

Oliver Laing

Nick McDonald

Richard Roberts

Jesper Sellin

Dave Holt

Mark Nichols

Georgia Carr

Autumn Gibson

Andy Millmore

Mark Snelgrove

THE DIFFERENCE WE MAKE

Successful patent defence safeguards Nordic fishing industry

Providing the comprehensive 360° IP advice the producers of novel foods need

‘Intense’ battle to secure protection for registration of valuable brand name

OUR OFFICES