Patent Litigation

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The CMS patent litigation team deals with all types of patent disputes including:

  • patent infringement 
  • patent validity 
  • patent ownership
  • SPC entitlement
  • FRAND licence negotiation
  • interpretation of IP licences. 

By virtue of our experience, the patent litigation team is adept at designing multi-jurisdictional enforcement/product market entry strategies for clients. The CMS team well recognises that litigation matters need to be judged as any other asset held by a client company. The commercial rationale underpinning any particular strategy must serve to further the business needs of the company, but also be kept under review. For life sciences companies the team’s ability to coordinate and run patent litigation in parallel with product-related regulatory exclusivity litigation further distinguishes us from our peers and maximises the likelihood of clients obtaining positive results from either procedure.

In addition to patents, our litigation team advises on trade marks and unfair competition, domain names, copyright, design, know-how and other confidential information and database rights. 

You can find out more about patent attorneys at CMS below:

"An “extraordinary” team of litigators, which can “step back and point companies and inventors in the right direction rather than getting lost in the detail”. "

IAM Patent 1000

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Patent Litigation & Arbitration
There is a growing uptake in the use of arbitration in the context of patent disputes, in particular those relating to Standard Essential Patents (SEP
Patent com­mer­cial­isa­tion
CMS Umbra
Advising the Board

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18/01/2024
EP Case Law in Brief: Commercial success and inventive step
“Commercial success alone is not to be regarded as indicative of inventive step, but evidence of immediate commercial success when coupled with evidence of a long-felt want is of relevance provided...
29/11/2023
10 CMS partners recognised by Lexology Client Choice Awards 2023
International law firm CMS is pleased to announce that 10 of its partners, across nine different countries, have been recognised by the Lexology Client Choice Awards 2023:Nick Beckett, China, Life Sci­ences Car­oline...
23/11/2023
Patentability of AI inventions: High Court offers a helping hand (Emotional...
Is a deep learning AI system which recommends similar songs to its users patentable? Or is it a computer program ‘as such’ and therefore excluded under s.1(2)(c) Patents Act 1977? The High Court has...
21/11/2023
EP Case Law in Brief: Proof of common general knowledge
It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’...
16/11/2023
CMS and IPDefine Announce Global Patent Initiative
International law firm CMS, in collaboration with patent AI specialist IPDefine Ltd., have developed a cutting-edge turnkey solution which is poised to make intellectual property monetisation more accessible...
07/11/2023
Description amendments at the EPO – the Appellant agrees with the need...
Description amendments bringing the content of the description in line with the allowed claims remain a controversial topic in the European practice. As reported previously, the Board of Appeal in T0056/21...
16/10/2023
Beyond the language barrier
Getting the deal done | 8 min read Getting an M&A deal over the line is a big task in any context. The task is even greater when a transaction involves multiple jurisdictions, people and cultures. Understanding the bigger picture and commercial objectives makes it easier to focus on the legal provisions that really matter. This article sets out the main differences and challenges cross-border transactions present and the key factors that determine dealmaking success.
06/10/2023
The European Patent Office (EPO) ‘10-day rule’
By the Decision of the Administrative Council of 13 October 2022, a number of Rules of the Implementing Regulations to the European Patent Convention have been amended. These include Rule 126 (Notification...
28/09/2023
EP Case Law in Brief: Erroneous Disclosures
“Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and...
25/09/2023
Is Unitary Patent protection a silver bullet for securing value of IP rich...
Increasing the effectiveness of patent protection across multiple jurisdictions | 6 min read The value of the intellectual property in IP-rich businesses is a key consideration in any proposed deal. But is the new Unitary Patent protection system preferable over existing national patent rights for protecting IP value? The answer is not a simple one but what is clear is that investing time and resources into a Unitary Patent protection strategy could have a significant pay-off for a patent-rich business.
12/09/2023
CMS European Class Actions Report 2023
Data-driven insights into class action risk across Europe, a key concern for major corporates
15/08/2023
AI in healthcare inventions – technical or not technical?
SummaryRecent European Patent Office (EPO) Board of Appeal case T 1910/20 sits among a number of decisions regarding the discussion of what constitutes technical character in the field of healthcare...