Patent Validity and Infringement
Sometimes patents have to be enforced. In some industries this is rare, in others it is a day-to-day reality. You need to know whether a given act will infringe a patent. You need to know how that will apply in different countries. You need to know if a patent is valid or invalid. Our job is to give you a clear answer to these questions. And in the end, there is a binary outcome – a patent is infringed or it is not, and to the extent it is infringed, the subject-matter is either valid or it is not.
You will also need practical advice, such as will a patent be granted by the EPO or UKIPO? If granted, would it survive opposition or appeal, at the EPO? Would it ultimately be held valid by the UK courts or other courts in Europe? We will confidently answer these questions.
Infringement is sometimes simple, sometimes not. You may need to consider equivalents, numerical ranges, contributory infringement, etc. We will confidently answer these questions.
Sometimes a key question is whether there will be an interim injunction. What remedies are available? What forum is applicable (from the UKIPO opinion service to the Patents Court)? What other members of the litigation team would be required? We will provide you with sound practical advice. At this stage it can mean our stepping back and putting you in the hands of a solicitor and counsel, who will work with you and the experts. If that is what is best for you, that is the advice we will give.