Waterfront Solicitors is a leading firm of patent litigation specialists based in London
Your inventions, and patents for these inventions, may be one of the most valuable assets your business can own. Whether you are enforcing your patents against others or are currently defending a claim of patent infringement made against you, the patent lawyers at Waterfront Solicitors have the expertise, skills and experience to guide you to a desirable commercial outcome.
From multi-million pound patent claims to more modest-but-vital patent claims our team has the skills and experience to manage all forms of patent litigation.
What is Patent Litigation?
Patent Litigation refers to the court process that follows a claim for infringement of a patented invention. When a patent is infringed, patent litigation is the court procedure for deciding whether a patent has been infringed by a product or process, whether the patent in suit is valid and what remedies should be awarded as a consequence of such findings. For example, a court may rule that the patent has been infringed (in whole or in part) and award an injunction and damages (or an account of profits). Alternatively, a court may decide that the patent has not been infringed and/or that the patent is invalid.
What is Patent Infringement?
A granted patent will have a set of “claims” which set out of the breadth of the patented invention. If your product or process incorporates each and every aspect (known as an “integer”) of only a single claim of a patent – that is enough to infringe that patent.
There is a category of what is known as “direct” patent infringement in the UK, which covers certain activities relating to:
- patented products;
- use of patented processes;
- offering patented processes for use; and
- products obtained directly through patented processes.
There is also a separate category of indirect infringement, whereby a person indirectly infringes a patent when that person:
- supplies or offer to supply in the UK a person with any of the means relating to an essential element of the patented invention for putting the invention into effect;
- either knows or it must be obvious to a reasonable person in the circumstances that the means are suitable for putting, and are intended to put, the invention into effect in the UK; and
- the person supplied or to whom the offer is made is not a licensee or another person entitled to work the invention.
Should your patent be infringed and successfully enforced at court you would ordinarily be awarded an injunction restraining the defendant from further infringing your patent, as well as being awarded damages or an account of profits, amongst other relief.
As a result, patents can be seem as of the most valuable intellectual property rights, because they grant effective monopoly rights over patented inventions for the life of the patent. Whereas copyright only protects against copying, patents will protect against any invention which trespasses on the claims of the patent, whether or not the infringer was aware of the patent.
To find out more about Waterfront client experiences relating to patent infringement litigation, visit out blog page, where we often cover this as well as various other intellectual property cases studies.
What areas of Patent Litigation can we help you with?
We have the skills and experiences to conduct all forms of patent litigation – from multi-million pound patent claims in the High Court to more modest (although often commercially vital) patent claims in the Intellectual Property Enterprise Court. It’s what makes our team one the best group of patent lawyers London has to offer.
In recent years, our patent lawyers have had successful involvement in the following cases:
- Acting for a patentee in the Intellectual Property Enterprise Court (IPEC) concerning infringing hydroponic equipment in the horticultural industry.
- Acting for one of Europe’s largest manufacturers of compatible inkjet cartridges in High Court proceedings brought by a multi-billion dollar imaging equipment manufacturer.
- Acting for a leading manufacturer and distributor of professional hair care products in a patent infringement claim and won damages for our client in respect of unjustified threats made to its distributors by the patentee.
- Acting for a manufacturer of large scale agricultural equipment against a competitor.
- Advising an international manufacturer and distributor of optical disc repair machinery on relation to potential patent infringement claims across competitors.
- Acting for a number of agro-chemical companies in patent disputes in relation to their products both in Europe and elsewhere.
- Acting for a client in the marine and maritime sector enforcing its patent for anti-piracy marine technology against a competitor in the Intellectual Property Enterprise Court.
- Acting for the owner of innovative plastic cells roofing technology in patent claims brought against building developers.
- Acting and appearing for a number of witness summoned to give evidence under English Court orders in support of a multi-million dollar telecoms patent litigation and subsequent licence negotiations. Providing relates strategic advice to such clients.
Contact our Patent Lawyers Today
Get in touch with our patent lawyers today to arrange a free initial consultation for your patent dispute.
Visit our London office
Waterfront Solicitors LLP
14 Weller St, London,
London SE1 1QUPhone: 020 7234 0200