An Introduction to UK Patent Litigation - Procedure & Strategy Explored

Introduction

Join Paul England from Taylor Wessing as he presents this webinar outlining the typical structure and steps taken in a patent action, highlighting procedural features that are particular to this area, and the key strategic considerations.

A patent provides its owner with the exclusive right to practise their invention - no other party is permitted to do so unless licensed.

The owner’s exclusivity right is of little value, however, if it is not prepared to enforce it against infringers. Consequently, if a third party wishes to access the market with their own product or process, they can either try to ‘clear the way’ of the patent before launch, by bringing a patent revocation action, or use that revocation as a defence to an infringement claim made against them.

These scenarios are played out regularly in the Patents Court, particularly in the context of pharmaceuticals, medical devices, and mobile phones.

Here, the most technical and legally complex cases are handled by judges with specialist patents and other intellectual property expertise as well as scientific qualifications. Smaller patent actions are heard in the Intellectual Property Enterprise Court (‘IPEC’).

Of those actions that reach trial in the Patents Court, many last several days, or even weeks, and involve a rigorous adversarial process, in which a number of special rules apply and expert evidence is of paramount importance.

What You Will Learn

This webinar will cover the following:

• The different strategic approaches taken to patent litigation in different technology sectors
• The relevance of the EPO and foreign courts in a UK patent action
• The procedural steps to trial, appeal, and inquiry as to damages
• The rules that apply to disclosure, and the importance of expert evidence
• The key remedies in a patent action, including preliminary injunctions and public interest considerations
• Special issues in FRAND licence disputes
• The IPEC, and other ways to shorten proceedings

This webinar was recorded on 23rd November 2021