Patent Litigation
Patent Litigation Lawyer
We offer smart patent litigation and protection services to clients at a cost effective rate.
Smart patent litigation lawyers
At Freeman Harris, we specialise in the enforcement of protection for innovative products, processes, and technologies. Our team of approachable patent dispute solicitors offers personal, tailored advice, ensuring your intellectual property (IP) rights are defended effectively and efficiently.
A patent grants exclusive rights to its creators, and patent litigation often arises from unauthorised use, challenges to patent validity, conflicts over similar patents, breaches of licensing agreements, and other disputes.
Serving a diverse range of clients – from startups to industry giants across the UK – we provide cost-effective, high-quality legal solutions that meet the needs of businesses at every level of development. Whether you require assistance with patent law, IP litigation, or general patent dispute service, our expert patent litigation is here to help.
How can Freeman Harris’s patent litigation lawyers help you?
Pre-Action Strategies & Settlement Negotiations
- Assess potential infringement or validity issues and provide clear legal opinions.
- Issue and respond to cease-and-desist letters, ensuring compliance and risk mitigation.
- Engage in without prejudice negotiations to explore early resolution and cost-effective settlements.
- Represent clients in High Court and Intellectual Property Enterprise Court (IPEC) litigation.
- Defend against infringement claims, leveraging non-infringement and invalidity arguments.
- Obtain Declarations of Non-Infringement, clarifying legal positions and mitigating risk.
Interaction with the UKIPO & EPO in Patent Disputes
- Assist in challenging or defending patent validity before the UK Intellectual Property Office (UKIPO).
- Support third-party observations and post-grant opposition proceedings at the European Patent Office (EPO).
- Manage appeals against UKIPO decisions, ensuring the best possible outcome for clients.
Alternative Dispute Resolution (ADR)
- Represent clients in mediation and arbitration, securing efficient and commercially sound resolutions.
- Engage in UKIPO mediation schemes, when appropriate, to negotiate fair settlements.
Licensing & Commercial Strategy in Patent Litigation
- Negotiate and draft licensing agreements as part of settlement strategies, ensuring optimal commercial value while resolving disputes.
- Manage cross-border licensing negotiations in multi-jurisdictional patent disputes, ensuring compliance with UK, EU, and international intellectual property laws.
- Advise on disputes involving royalty payments, breaches of licensing agreements, and the impact of patent invalidity claims on existing contracts.
- Assist in resolving conflicts arising from R&D partnerships and joint ventures, particularly where patent ownership, usage rights, or financial terms are contested.
Interim Injunctions & Emergency Relief
- Secure interim injunctions to halt ongoing patent infringement swiftly.
- Defend against unjustified threats of infringement actions, preventing business disruption.
Multi-Jurisdictional Patent Litigation
- Coordinate with international legal teams for cross-border enforcement and defence.
- Develop litigation strategies that align with UK, EU, and global patent frameworks.
Appeals & Challenges to Patent Validity
- Handle revocation proceedings against invalid or overly broad patents.
- Manage appeals against UKIPO and court decisions, ensuring robust legal challenges where necessary.
Why choose Freeman Harris?
• Cost-efficient and friendly patent lawyers: At Freeman Harris, we prioritise clear and cost-effective legal services. Our team of patent lawyers provides transparent pricing – We don’t charge by the minute. Instead, we offer comprehensive consultations via video chat meetings, ensuring you receive friendly, personable interactions while addressing your patent litigation concerns.
• A well-rounded commercial and legal approach: We understand the broader commercial implications of patent disputes and litigation. Our approach is comprehensive, considering all facets of your business – from corporate structure and employment contracts to overall business growth strategies. Our goal is to align your intellectual property (IP) strategy with your business objectives, enhancing both protection and profitability.
• Customised legal support: We provide personalised legal solutions that are tailored to meet the unique needs of your business. Having a dedicated patent litigator on your side offers a significant advantage in managing and protecting your intellectual property effectively.
If you are dealing with a patent infringement issue, or require assistance with any of the services mentioned above, please contact us, and we will outline the service we can offer, and the associated costs.
We also offer free-of-charge introductory consultation video chat meetings to discuss your case and outline the next steps, ensuring full transparency before proceeding.
Intellectual Property Team
Ian Freeman
Ian has a great understanding of intellectual property matters, and trade mark and copyright disputes.
Abdul Hafezi
Abdul carries out a broad range of litigation work including dealing with intellectual property matters.
Talha has been working with intellectual property matters for a number of years including registration and advising on and overlooking IP disputes.
Isabel is training to learn intellectual property matters and will be communicating with you on IP matters.
What our clients say?
I would recommend Freeman Harris solicitor to anyone. I was very happy in the way I was dealt with. The solicitor that handle my case was professional and efficient, she always put my mind at ease under difficult circumstance.
Blake R
Common Patent Litigation Questions
How can I make a claim for patent infringement?
To make a patent infringement claim, you must first identify the infringement, gather evidence, and send a Letter of Claim to the alleged infringer. If a resolution isn’t reached, you can file a claim in the Intellectual Property Enterprise Court (IPEC) or the Patents Court (a division of the High Court).
What remedies are available in a patent infringement case?
Remedies include:
- Injunctions (to stop further infringement)
- Damages (to compensate for losses)
- Account of profits (surrendering profits made from infringement)
- Delivery or destruction of infringing goods
What is the patent infringement process like?
- Pre-Action – Gather evidence, conduct due diligence, and send a Letter of Claim.
- Litigation – If unresolved, file a court claim. The defendant may respond with a defence or counterclaim.
- Trial & Judgment – The court assesses validity and infringement before issuing a ruling.
- Remedies & Enforcement – If successful, the claimant receives remedies such as damages or an injunction.
Can I resolve a patent dispute without going to court?
Yes, alternative dispute resolution (ADR) methods like mediation, arbitration, and negotiation can help resolve patent disputes cost-effectively. Settlement agreements or licensing deals are often preferable to litigation.
What defences are available in a patent infringement case?
Common defences include:
- Patent invalidity (arguing the patent is not novel or inventive)
- Non-infringement (proving the alleged act does not infringe)
- Exemptions (such as experimental use)
- Prior use (showing prior rights to the invention)
How long does a patent infringement case take?
- IPEC cases: ~12 months (quicker, capped costs, lower damages)
- Patents Court cases: 1–2 years (complex cases with higher stakes)
- Settlement negotiations or ADR can resolve cases much faster.
How much does patent litigation cost?
What is Freedom to Operate (FTO) opinion?
An FTO opinion assesses whether a product or process infringes existing patents before market launch. It helps avoid costly litigation and informs strategic decisions like licensing or design modifications.
Intellectual Property Enterprise Court (IPEC) vs Patents Court
IPEC: Best for SMEs & simpler cases; cost-effective, quicker, with capped costs and damages (£500K).
Patents Court: Handles complex, high-value cases; no cost caps but allows for higher damages and extensive evidence.
Contact us to resolve your intellectual property dispute
Discuss your matter with us.