Dispute Resolution

Opinions

A non‑binding opinion can be a highly effective tool when navigating questions of IP infringement or validity. Although not legally enforceable, it provides an independent, expert assessment of the strengths and weaknesses of a case—often helping parties clarify their position, manage risk, and negotiate with greater confidence. We can guide you toward the most suitable source for such an opinion, whether that’s the UK Intellectual Property Office’s cost‑effective opinion service, a leading IP barrister offering deeper legal insight, or our own impartial and commercially focused assessment. Each option delivers valuable clarity, supporting smarter decision‑making at every stage of your IP strategy.

Searches

Identifying documents which may help invalidate an IP right can be a very effective negational tool – well before any legal action is considered. We can advise you on an effective search strategy uniquely tailored to your goals in any emerging dispute, using trusted search partners to are experts in their field.

To support your long‑term commercial goals, competitor and technology watching services keep you one step ahead. A watching service continuously monitors new patent filings, product launches and R&D activity across your sector, delivering regular, tailored insights, allowing an opportunity for early intervention should a competitor’s activity stray towards yours.

Observations

Third‑party observations allow interested parties to comment on pending patent, trademark, or design applications before they are granted, and can therefore be useful tool to prevent a competitor’s registration. For patent applications, observations can highlight relevant prior art or that may affect novelty or inventive step. In trademark cases, they can draw attention to earlier conflicting marks or grounds for refusal, such as descriptiveness or lack of distinctiveness. For registered designs, observations can be used to record the existence of similar existing designs that could undermine validity. Although not a formal opposition, third‑party observations can strongly influence examiners and offer a cost‑effective way to narrow the scope of a competitor’s IP right or block it altogether.

Oppositions

Opposition proceedings offer a powerful way to challenge competitors’ rights and defend your own, ensuring only robust patents, trade marks and designs remain in force. At the EPO, patent oppositions allow third parties to challenge the validity of a European patent within nine months of grant. These proceedings can be technically complex, involving detailed written arguments, expert evidence and oral hearings. Our team guides clients through every stage—whether mounting a strategic attack or defending valuable patent rights from challenge.

At the UKIPO, oppositions to trade marks and designs provide a cost‑effective mechanism to prevent conflicting rights from being registered. We handle all aspects of UKIPO oppositions, from filing persuasive notices of opposition to managing evidence rounds and negotiating commercially sensible settlements.

Before the EUIPO, we represent clients in EU trade mark and Community design oppositions across the full EU market. These proceedings require careful argumentation, clear evidence and a deep understanding of EU law and practice. Our approach ensures your rights are protected across Europe, whether you are opposing an application or defending your brand or design against attack.

Pre-action negotiations

Effective use of Cease & Desist (C&D) letters

Often, the first stage will be to write to the third party to let them know that they are infringing your rights. This is known as sending a ‘Cease & Desist’ (C&D) letter or a ‘Letter Before Action’ (LBA)

An effective Cease & Desist letter will:

• Set out the legal position;
• Explain why and what the third party is doing that is wrong;
• What we want from the third party;
• How long the third party has to do it.

Conversely we can draft responses to C&D Letters taking account the strength of the other party’s case and what is an appropriate response.

Litigation in the UK Courts

When other attempts to resolve a dispute have failed, and action before a UK court may be the last remaining option, to ultimately provide legal certainty for all parties. Our attorney-litigators can advise on an effective strategy, from complexity of the case to cost management, to make the best use of available forums in the UK.

UK Intellectual Property Office proceedings

The UK IPO provides a relatively quick and inexpensive mechanism for revoking a patent or registered trademark

Intellectual Property Enterprise Court (IPEC) proceedings

Most of our patent and trade mark attorneys have an IP Litigation Certificate; we also have their Higher Courts Litigation Certificate which qualifies them to be more deeply involved with the court system.

The Intellectual Property Enterprise Court (IPEC) was set up particularly with copyright and design right infringement in mind but simple patent and trade mark infringements can also be heard. The intention was for a streamlined procedure where costs can be awarded to the winning party, but on a capped basis. This provided cost certainty which is in direct contract to Hight Court proceedings.

The IPEC procedure means that cases are more predictable – working from a known timetable set out at the first hearing, the case management conference or CMC.

We will ensure your case is dealt with in the most convincing way possible making use of IP barristers where appropriate to give you the best in-court advocacy. We will work with you to collect the necessary evidence and  present your case in the best way.

We also keep looking at the appropriateness of settlement – for most, an out of court settlement is better commercially than running a case to trial. It is surprising how many cases settle just as the trial is due to commence and if this is your preferred resolution we will support that last minute change of direction.

The Unified Patent Court (UPC)

Achieving the best commercial outcome for our clients

The creation of the Unified Patent Court (UPC) was a significant development in the European patent system. The UPC is a common supranational patent court of many member states of the European Union (but not all), which opened on 1 June 2023. It hears cases regarding infringement and revocation proceedings of European patents (regular European patents unless they were opted out and unitary patents). A single court ruling is directly applicable in the member states that have ratified the UPC Agreement.

We recognise that it takes considerable time and investment to secure valuable patent rights, and now, protecting those rights in Europe requires a strategic understanding of this new forum. Whether defending your unitary patent or opting for enforcement via the UPC, you need a team who can understand your commercial needs and craft the best strategy to safeguard your interests. We will understand precisely which aspects of your technology must be defended and will guide you through the UPC process.

When commercialising your innovations, we can assist with advising on the risks and opportunities presented by the UPC system. Whether assessing exposure to third-party unitary patents, exploring enforcement options, or considering opt-outs from the UPC, we will help you safely navigate the new European litigation landscape.

Our team can also initiate revocation actions or defend against them at the UPC to help clear the path for your products in Europe or strengthen your market position.

If you believe your rights are being infringed, we can provide a range of strategic options, from preliminary injunctions through to full UPC litigation, while always being mindful that negotiated solutions often achieve your goals faster and more cost-effectively. Our goal is to ensure that your rights are protected in a commercially sensible way, whether in a single UPC division or across multiple jurisdictions simultaneously.

Please get in touch if you would like to chat about how we can support your team with our UPC representative attorneys .

Mediation, Arbitration and Expert Determination

Negotiations and settlement support

Our attorneys are well versed in settling disputes; for the majority of our clients, a negotiated settlement will be the most commercially sensible resolution rather than resorting to court action.

We are well versed in forms of Alternative Dispute Resolution such as mediation, where a facilitator helps the parties come to a settlement. We have worked with mediators from the IPO, which we have found to be a very cost-effective way of resolving disputes.

We can help you record your settlement in a binding settlement agreement, making sure that all parties know what their rights and duties are, thus avoiding further disputes in the future.