Patent infringement

Patent infringement

Patent litigation is a complex area of law which requires specialist legal and technical expertise. If you have a patent infringement issue it is essential that you seek professional advice without delay. As a specialist intellectual property firm we are accustomed to acting for patent rights holders as well as alleged patent infringers.

What is a patent?

Patents are a powerful tool for businesses to protect an invention which is new, involves an inventive step and which is capable of industrial application.

Examples of the type of things which a patent may cover are: mechanical, medical or electronic devices, chemical compounds, or methods for doing certain things.

A patent must be registered with the European Patent Office (EPO) or the UK Intellectual Property Office (UKIPO) and usually lasts for 20 years.

Once a patent is registered, an owner can prevent a third party from using the invention described in the ‘claims’, even if that person develops the invention independently.

Patent infringement

A patent gives its owner a right to stop other people from reproducing or commercialising the invention without the inventor’s authorisation.

A patent is usually infringed if a product or method embodies or does each of the features or steps in the ‘claims’.

What remedies are available for patent infringement and passing off?

Compensation for patent infringement will vary from case to case, but usually includes:

  • an injunction preventing the infringement;
  • recovery of damages or an account of the infringer’s profits;
  • delivery-up or destruction of any infringing goods;
  • recovery of portion of the legal costs incurred enforcing the patent rights.

How we can help

We can help you with the following:

  • assess the prospects of success for any patent infringement;
  • prepare a cease and desist letter or, as appropriate, a response to any cease and desist letter, clearly setting out your position and complying with all requirements of the UK courts;
  • look into practical ways to resolve your dispute without court action;
  • if your dispute is not resolved and goes to court, robustly presenting your case.

UK litigation expertise

Our solicitors have extensive expertise in acting in UK court cases in the Patents Court, Intellectual Property Enterprise Court (IPEC), Court of Appeal and Supreme Court across a wide range of industries and technical disciplines. We are also highly experienced in advising clients in, and co-ordinating, multi-jurisdictional disputes involving courts in Europe, Asia and the US.

Cases in which members of our patent litigation team have acted include:

  • Allied Colloids v American Cyanamid (polymer chemistry)
  • Angus Fire v Cold Cut Systems Svenska (water abrasive cutting tools)
  • Arrow v Akzo Nobel/Organon (polymorphism)
  • Dragon Plastics v united Closures & Plastics (enclosures)
  • GlaxoSmithKline Biologicals v Novartis (meningococcal vaccines)
  • HTC v Access (Android operating system)
  • Intel v UMC (microprocessors)
  • InterDigital v Nokia (2G & 3G)
  • Intervet v Merial (porcine circovirus 2 vaccine)
  • Kimberly-Clark v The Procter & Gamble Company (disposable diapers)
  • LG Electronics v Access (android operating system)
  • Lubrizol v Esso Petroleum (lubricant additives; prior user rights)
  • Mylan and Glenmark v The Wellcome Foundation (malaria combination therapy)
  • Omnipharm v Merial (spot-on flea treatment formulation; ‘lack of standing’ in France)
  • Philips v LG (digital image encoding)
  • Safeguard Europe v Wykamol (composition for the treatment of concrete)
  • Seoul Semiconductor v Everlight (light emitting diodes)
  • Sony v SSH (network address translators)
  • Tangle Teezer v GB Kent & Sons (hair brushes)
  • The Procter & Gamble Company v Lever Brothers (detergents; patent amendment)
  • The Procter & Gamble Company v Peaudouce (disposable diapers)
  • Tercica and Genetech v Insmed (insulin-like growth factor binding protein)
  • Triumph Actuation Systems v Aeroquip Vickers (aircraft power transfer units)
  • Tyco v Tomy (magnetic image displays)
  • Virgin Atlantic Airways v Zodiac (aircraft seats)
  • Virgin Atlantic Airways v Delta Air Lines (aircraft seats)
  • Windsurfing v Tabur Marine (windsurfers; inventive step)

Why we are best placed to help

We are a leading UK intellectual property firm, dedicated to protecting and enforcing our clients’ IP rights. We have specialised in IP protection for over 125 years are ranked top tier in all the UK legal directories (Chambers, IAM Patent 1000, IP Stars). Whether a large corporation or a small to medium sized enterprise, we are committed to providing only the best IP advice available.

Free consultation

Contact us

+44 (0)20 7269 8550

Contact us with this form, by telephone or by email.

We offer a free initial consultation in order to help you understand the legal and practical issues relating to your case. This will enable you to decide what action to take, with no obligation to work with us at that stage.

We are known for our clear, reliable and cost-effective advice and have many years of experience of successfully protecting and fighting for our clients' rights.

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IAM Patent 1000
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Chambers
They are very efficient and give excellent advice and support.
Chambers
An exemplary level of service.
Legal 500
The patent team at D Young & Co LLP is consistently excellent and is very customer focused.
Legal 500
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IP Stars (Managing IP)
You can't fault the fantastic quality of the work D Young & Co puts in. It collaborates efficiently to find the best solutions.
IAM Patent 1000
The always excellent D Young & Co LLP.
Legal 500