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Linklaters

Intellectual Property at Linklaters

Our experienced cross-border Intellectual Property team advises market-leading companies on high-profile IP litigation and complex IP-driven transactions and advisory matters
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Linklaters is a global powerhouse for IP strategy and disputes advice.

Our cross-border Intellectual Property practice advises clients on their most complex and commercially significant IP matters.

We support our clients with outstanding legal skills,
expert sector knowledge and a pragmatic mindset,
whether in strategic IP advisory and transactional
matters or complex IP disputes.

1

Our IP disputes practice covers:

  • Patent litigation (national, cross-border and Unified Patents Court)
  • Soft IP litigation, including copyright, design right, database rights, trade mark, passing off and unfair competition disputes
  • Trade secret and breach of confidence disputes
  • IP ADR, including IP arbitrations and mediations
  • IP licensing disputes

We guide our clients through the entire journey of their dispute, from pre-litigation strategic considerations and discussions, through the issuance and running of court proceedings or ADR, to ultimately finalising and/or settling the dispute.

2

Our IP advisory and transactional practice encompasses:

  • Drafting and negotiating strategic IP agreements, including joint-venture, collaboration and licencing agreements
  • Advising on IP aspects of M&A, complex carveouts, and other corporate transactions
  • Advice on the impact of major IP legislative and policy issues 

We advise clients across all major industry sectors, including healthcare and life sciences, technology, telecoms, mobility, gaming, energy, utilities and infrastructure. Many of our lawyers have scientific and technical backgrounds which we leverage seamlessly across geographies and teams. This allows us to understand the complexities of our clients’ technologies, as well as those in their competitive landscape, to develop a technical strategy at the highest level.

We are known for running new and innovative arguments, establishing new legal precedents and adopting strategically creative solutions. We always think beyond borders and across practices. Building on our extensive knowledge of the global IP landscape, we can maximize local particularities for the benefit of our clients to deliver holistic strategic advice and seamless implementation spanning multiple jurisdictions. Working together with our market leading teams in areas such as Antitrust, International Arbitration, Corporate/M&A, Data, Employment and Tax, we provide comprehensive and integrated advice to our clients, many of whom value Linklaters as a one-stop-shop.

Clients benefit from our comprehensive IP experience, including:

Patent Litigation
Soft IP Litigation
IP Licensing and Commercialisation
Strategic IP Advisory
IP in Transactions

  • Playtech Software Ltd: in a patent dispute before the Unified Patent Court concerning an online gaming system.
  • GSK (Tesaro): in Court of Appeal proceedings regarding a dispute with AstraZeneca over the patent licence for Zejula, GSK’s PARP-inhibitor cancer product.
  • ViiV Healthcare, Shionogi, GSK: in a cross-border patent litigation relating to Gilead's blockbuster HIV treatment, Bictegravir.
  • Regeneron and Sanofi: in a cross-border patent litigation against Amgen in the UK, France, Germany and beyond, regarding a revolutionary new class of cholesterol-lowering antibody treatments.
  • Intel: in relation to a patent infringement action by Intellectual Ventures II against internet provider Orange in Germany relating to a patent essential to the ADSL standards.
  • Seoul Viosys (a sister company of Seoul Semiconductor): advising on and representing in an enforcement campaign at the UPC, concerning patents for a new complex technology increasing the overall efficiency of LEDs.

  • Playtech Software Ltd: in a UK trade secrets dispute with a market competitor and ex-employee concerning online games.
  • Merck & Co., Inc.: in its long-running and high-profile multi-jurisdictional trade mark infringement and breach of contract dispute against Germany-based Merck KGaA regarding use of the “MERCK” name.

  • Nestlé: on multiple complex out-licensing agreements with various companies, particularly in respect of the licensing of Nestlé’s confidential know-how and patent rights in nutritional products.
  • Citibank, N.A.: on the complex brand licensing issues arising from the disposal of its consumer banking businesses in nine jurisdictions with a value of approximately $7 billion.
  • Gymshark: advising on the franchising of its brand in the Middle East, including drafting and negotiating a long-term franchise agreement with a reputable franchisee within the region.
  • Theramex: on the acquisition of the European patents and other IP rights relating to menopause therapy drugs Femoston and Duphaston from Viatris, Inc., a NASDAQ-listed pharmaceutical company.

  • Sony Interactive Entertainment: in their defence against a class action brought by Alex Neill Class Representative Limited in the UK Competition Appeal Tribunal in respect of SIE's PlayStation Store. Our intellectual property team advised in respect of the intellectual property-related aspects of the defence which related to the valuable patents and copyright necessary to exploit technologies in the PlayStation environment.
  • AUDI AG: advising on the long-term and highly complex technology development agreement between Audi AG and its high-performing fuels, oils and lubricants provider, including the development of patented technologies and trade secrets.

  • Volkswagen: advising on the highly complex intellectual property arrangements which will underpin a proposed 50-50 joint venture with Rivian, the NASDAQ-listed vehicle technology company, to create next-generation electrical architecture and best-in-class automotive software, for use in both companies’ future electric vehicles.
  • Carrier Global Corporation: advising Carrier in the auction process and resulting sale of its global commercial refrigeration business to Haier. Intellectual property, and in particular patented technology, was a key asset in the transaction and as part of the sale Carrier needed to undertake a complex IP restructuring.
  • Perfetti Van Melle: advising on the completion of its US$1.35bn acquisition of Mondelez's gum business in Europe and North America. The separation of the IP between Mondelez and Perfetti Van Melle, as purchaser, was particularly complex, requiring a number of patent licences relating to technologies that were used in both Mondelez’s gum and confectionery businesses.
  • Nestlé: on its joint venture with PAI Partners in respect of Nestlé’s frozen pizza business across Europe. Brands were central to the deal which involved the transfer and/or long-term licensing of the Wagner, Buitoni and Garden Gourmet brands from Nestlé to the joint venture entity in numerous countries across Europe.
  • Thermo Fisher Scientific Inc.: advised on the scope and exclusivity of complex patent licence agreements in relation to its £2.25 billion acquisition of The Binding Site Group, a global leader in innovative medical diagnostic products.
  • Telegraph Media Group: on protecting their valuable brands around the world by conducting a very detailed assessment of the Telegraph’s business and preparing extensive due diligence reports for bidders to understand how the Telegraph operates. We also provided extensive support on all aspects relating to the structuring and execution of the deal which included separate IP and brand assignment agreements to ensure that all relevant IP transfers with the business.
  • Unilever PLC: on the sale of its global tea business to CVC for €4.5bn. Unilever’s tea business included a portfolio of 34 leading brands, including the iconic ‘PG Tips’ brand, as well as ‘Pukka’, ‘T2’ and ‘Tazo’.
  • Unilever PLC: on the separation of its ice cream business which will involve the transfer and licensing of a global portfolio of patents, know-how, designs and trade marks.
  • A consortium of telecoms companies (including Vodafone, Verizon, Deutsche Telekom, Telefonica, Orange, AT&T, T-Mobile): in their investment into a JV with Ericsson to set up a Network API business. As part of the transaction, we advised on the technology transfer from Ericsson to the JV related to the Network API business and various forward-looking IP licence agreements.

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