Litigation
A SUMMARY OF SERVICES FHS CAN OFFER:
- Investigation of infringers to determine what, if any, IP rights are infringed.
- Pre-litigation discussions with third parties to look for amicable resolution.
- Investigation of third party IP rights to identify weaknesses available for use by clients.
- Advice on the selection of a suitable forum for the case and, for potential defendants, advice as to how to influence that choice.
- Preparation of Court papers to initiate and defend actions when negotiations fail.
- Conducting the litigation before the appropriate forum.
- Advocacy before selected fora where appropriate.
- Evidence-gathering, to provide the Court with the appropriate basis to make its decision.
- Enforcement of the final judgement.
Our approach to litigation
The approach of Fry Heath Spence to the management of litigation is to focus on the crux of the issue: protecting the client's business. Litigation over IP rights is almost always driven by a business need, and if sight is lost of that, then the litigation is unlikely to achieve its objectives. Our ability to match the forum to the case, our willingness to engage with a wider variety of fora than traditional City solicitors, and our ability to select and manage the appropriate litigation team, all allow us to tailor the litigation service to our clients' needs.
We have extensive experience of negotiating with third parties over IP rights. In some cases, it is possible to convince the other side that their case is not good enough, and they should stop infringing now or stop accusing our client of infringement. In others, it is not possible but a reasonable commercial settlement can be obtained.
Sadly, agreement cannot always be reached with third parties, and recourse to the Courts is sometimes needed in order to enforce IP rights or to defend allegations of infringement. Fry Heath Spence has significant experience of taking appropriate Court action to defend our client's interests. Sometimes this involves extensive investigation of the acts of infringement, and sometimes it involves careful searching of literature to uncover defects in the novelty and/or inventive step (etc) of third party IP rights.
In all cases careful consideration must be given to which forum to use - in the UK the High Court, Patents County Court, the Patent Office and the Trade Marks Registry are all available and have their pros and cons. We have long experience before all of them and can give expert advice on which to choose.
Some cases are best suited to foreign jurisdictions, depending on the nature of the rights, the nature and location of the infringement, and the location of the other party. Our network of associates in other jurisdictions gives us access to what might be a more commercially suitable forum.
Our experience has been recognised by the award of a Litigator's Certificate by the Chartered Institute of Patent Attorneys to Michael Downing, which enables him to conduct IP litigation in the High Court without a solicitor. In addition, all Chartered Patent Attorneys are entitled to conduct litigation in the Patents County Court and in the Patent Office, and Fry Heath Spence attorneys have exercised these rights to their clients' benefit.
Where appropriate, we bring in other professionals. Some cases include aspects best handled by a solicitor or benefit from the presentational skills of the UK Bar so we have therefore reached alliances with suitable solicitors and leading IP barristers who can offer the same level of service as ourselves. Many clients come to us with advisors already appointed, and we are always happy to work with them to achieve the client's objectives.
The above represent general principles/guidelines only and should not be taken as legal advice. If you need more information or require advice, please contact us.
Contact our specialists:
Gatwick Office
Vikki Townsend
Oxford Office
Michael Downing