Patents

When necessary we don't shy away from pushing the boundaries of existing patent law – we are creative patent litigators. Our specialists have handled a number of high-profile and ground-breaking patent cases across various industry sectors and before a range of judicial bodies and arbitral tribunals.

Whether a business is considering investing in another business, entering into a joint venture, a technology transfer agreement or purchasing another business' patent assets, we can evaluate third party patent portfolios as part of a due diligence exercise, advise on and draft contractual terms, and provide the support needed to navigate competition, tax, transfer pricing and regulatory issues.

The Rules of Procedure of the new court are an amalgam of the historic rules and practices from Belgium, England, France, Germany, Italy and the Netherlands. Although it will be a new court for everyone, the Fieldfisher patent team, with decades of experience in these jurisdictions, is particularly well placed to support clients in understanding how the new rules might operate in practice, how to make the best tactical use of the court, the pros and cons of the UPC versus or in addition to national patent proceedings, and the impact of the UPC on their businesses.

Although it still is a few months until the UPC opens its doors (initially in Düsseldorf & Paris where Fieldfisher has offices), businesses already should be considering the questions the UPC throws up, for example: whether to opt-in or opt-out existing European patents; whether to defer prospective patent litigation until after the UPC commences; or whether to accelerate an EU wide product launch ahead of UPC start up. The Fieldfisher patent team can advise on navigating such issues.