Intellectual property disputes

The management and utilisation of intellectual property (IP) rights are core activities for many businesses. Our IP team develops strategies for dealing with any issue that clients face, which are both pragmatic and highly focused on achieving commercial objectives. We have experienced IP litigators who will proactively build your case and, if necessary, take it through to trial.

A complete brand protection service

Our clients include public and private multinational companies, owner-managed businesses, institutions, and start-up companies, in a variety of sectors, from retail, publishing and media, automotive, and consumer electronics, to pharmaceuticals, IT, hotels and leisure services, and restaurants and food.

Typical matters handled by our trade mark and copyright team cover brand protection, preventing the sale of infringing products, bringing proceedings for passing off, breach of confidential information and know-how, and breach of copyright. We have also created Make your Mark™ – a complete brand protection service to help you identify and establish a tailored branding strategy. Our experts have been involved in resolving many significant copyright, trade mark and design right infringement and ownership disputes, as well as cases relating to parallel importation, breach of confidence, anti-counterfeiting and misleading advertising.

The firm’s patent disputes practice has grown substantially in recent years and the team is regularly engaged with ongoing patent infringement and revocation litigation in both the High Court and the Intellectual Property Enterprise Court (IPEC). We advise clients across many fields of technology, and are particularly known for advising on freedom to operate, market entry and product launch strategies for companies operating in the life sciences sector.

Provides high quality prosecution and infringement advice. Penningtons is always considering the real world consequences of filing decisions and how filing strategies can be employed in infringement disputes.

Our patent disputes lawyers also have considerable experience of international arbitration work and have developed expertise in niche areas such as patent ownership (entitlement) disputes and disputes at the patent law/antitrust interface.

How we help our clients

‘Cease and desist’ letters

Trade mark infringement disputes

Patent disputes

Patent enforcement and defensive strategies

Patent validity and infringement opinions, including freedom to operate work

Business intelligence, patent search and analysis

Patent, trade mark, design and copyright ownership disputes

Patent, trade mark and design revocations, oppositions and annulments

Domain name rights and disputes

Legal action to prevent the misuse of confidential information

Useful resources

Vodcast: The Cladribine Decision

Vodcast: UK Patents Court – The Enzalutamide Decision

The team at Penningtons Manches Cooper are approachable, responsive and always willing to go the extra mile. Their extensive knowledge and practical approach, especially in cross-border and multi-jurisdictional matters, is truly impressive.

Penningtons Manches Cooper has cultivated a very strong niche in the patent transactions space.

A flair for the fine print of IP-rich transactions. No patent-related agreement is beyond its capabilities.

Deep expertise in the life sciences sector is the defining feature of Penningtons Manches Cooper.

The team at Penningtons have been brilliant with their timely responses, flexibility to work with smaller companies like mine, a very approachable attitude and most importantly, their in-depth knowledge of patent issues.

Recent work highlights

Pharmaceutical patent dispute

Representing Cipla, leading on the preparation of pharmacology evidence in its UK patent dispute with Bayer over the blockbuster pharmaceutical rivaroxaban, which paved the way for the launch of its generic product onto the UK market.

Freedom-to-operate advice

Providing freedom-to-operate advice to an Indian multinational pharmaceutical company in relation to a medical device and various pharmaceutical products.

Pharmaceutical EU launches

Representing a major Indian multinational pharmaceutical company in its EU launches of the pharmaceutical dimethyl fumarate.

Website blocking order

Obtaining a website blocking order to protect the rights of various copyright holders, whose content was being rebroadcast without authorisation by a pirate website.

Trade mark infringement

Acting for a multinational pharmaceutical company in claims for trade mark infringement against various parallel importers.

Formula 1 dispute

Advising a Formula 1 racing team in a dispute with a rival team over employee restrictive covenants and the alleged misuse of confidential information.

Defence and aerospace branding

Acting for a defence and aerospace company in its worldwide dispute with a US defence manufacturer over the use of a particular brand name, where both companies are suppliers to governments and defence departments in multiple jurisdictions.