Disputes/Litigation

Should you want to enforce your patent against another party, in urgent situations you may want us to make an application to the court for an injunction and a claim for damages for any losses you have sustained.

In other situations it may be more relevant to take advantage of the streamlined procedures that have been introduced in recent years to improve access to justice for holders of IP rights.

The majority of disputes do not end up in court as it is usually in the interests of both parties to reach settlement. As a rule patent litigation can be very costly which may provide an impetus to settle rather than resorting to court proceedings. It would be normal for a party who is being sued to counter claim that the patent is not valid and not infringed. This can make litigation a complex and potentially lengthy procedure. Trials take many months to come to court and, with the likelihood of an appeal, complicated cases can drag on for years. However, for simpler cases enforcement is a realistic option.

Although insurance is available to cover the cost of IP litigation it tends to be very expensive, with premiums of 30-40% of the amount insured.