Law firms have been at the vanguard of helping corporates to sweat their IP assets and IP partners have continued to bring in substantial fees while transactional work has been in the doldrums. The Court of First Instance will be comprised of a central division with its seat in Paris and two sections in London and Munich and several local and regional divisions in the contracting member states. In the main, the IP specialists present were not unduly concerned about the effects of the UPC in the immediate future — the system is still some years from becoming established. The Legal UK Awards. I do not have an explanation for that but it is certainly my impression. Colombia - cyber security RT: She adds that at the same time as heavy patent work in the life sciences sector there has been the patent work in the smartphone and tablet sector: But Nodder says this situation is arguably unique to the pharmaceutical world, where the upholding of one blockbuster patent could make or break an originator company.
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Since most of the courts are going to be approaching the system from a civil law mindset, those from the UK common law system will have to fight very hard to get the sort of things they are used to, particularly areas such as cross-examination of witnesses.
Click here to download a PDF copy of the article. One of the reasons that law firms are not pulling in the same level of fees that they once did, and aligned to growing interest from clients in alternative ways to fund IP litigation, is that cost management in cases has become more sophisticated. The IP experts around the table are more concerned by the procedural changes, which will change how cases are conducted.
The Legal UK Awards. Guests came from a range of backgrounds — leading global giants with strong IP practices; major full-service firms with market-leading IP teams; IP boutiques; the Bar; and, in Stephen Ingham, assistant general patent counsel of Lilly UK, a major client with a huge global IP portfolio. IP insight debate - rights and wrongs.
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Byrne says the problem exists in Ireland too.
That said, she notes that there are more situations now where clients will come to her team very early to try to look at their strategy for Europe as a whole. Edward Nodder, head of patent litigation at Bristows, agrees that the mobile phone wars have been an incredible source of work for specialist IP law firms in recent years.
IP insight debate - rights and wrongs. Cohen says that the problem with using contingency fees for NPE cases in Europe generally is that usually the level of damages will not support the kind of contingency fee litigation that is evident in the US.
However, Byrne says that it is likely that the UPC will lead to more work for IP teams, at least in the short term, because the transitional period will be so complex in terms of the options available to clients that in fact there will be a greater need for enforcement advice and strategic advice.
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Intellectual property teams are enjoying a much-vaunted status within law firms. She adds that at the same time as heavy patent work in the life sciences sector there has been the patent work in the smartphone and tablet sector: However, while there might be plenty of litigation work around, not as much is making it to the courts as is believed.
Cohen says that the problem with using contingency fees for NPE cases in Europe generally is that usually the level of damages will not support the kind of contingency fee litigation that is evident in the US.
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He says that he spent quite some time looking at third-party options for corporate clients that want to de-risk some of their litigation and prefer, for whatever reason, to allows others to take at least part of the risk.
However, David Rose, IP partner at SJ Berwin, says that despite all the talk of firms expanding their IP practices, he is not convinced that the true volume of high-end IP litigation has moved onto another plane compared to where it was a few years ago.
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|Intellectual property teams are enjoying a much-vaunted status within law firms.
Only EU unitary patents, which will come in around the same time as the UPC opens for business, will fall under the immediate jurisdiction from day one, unless companies opt out — and the pharma industry is rumoured to be opting out en masse. Byrne says the problem exists in Ireland too. Nodder says that he is seeing savings made for clients thanks to a greater effort from law firms to ensure that work is not duplicated between jurisdictions, ensuring that you do not have ten separate law firms each doing ten separate analyses of a problem; that all the outputs are shared and collaboratively worked on.
I have observed real differences in what expert witnesses are prepared to say when equivalent cases are litigated in tribunals such as the EPO where there is no threat of cross-examination. He says cases will feature up-front written pleadings and all evidence to be served with the initial pleading.