Patents

Overview

Patent counseling and litigation is a core strength at Crowell Brussels. Our EU and Belgian patent practice is widely recognized as one of the very best. We handle patent litigation and transactions for clients from many different industries, including life sciences, electronics, chemicals, medical devices, industrial machinery, packaging, textiles, food, and feed.

We are known as creative problem solvers and frequently take on innovative challenges when traditional methods of dispute resolution have failed.

A Strong Reputation for Litigation

We deal with every aspect of patent litigation, including preliminary injunction proceedings and proceedings on the merits dealing with both infringement and invalidity issues, often in a multi-jurisdictional context. We are respected both by clients and competitors for our courtroom and arbitration experience across a wide range of matters and we are known for our ability to present complex ideas and technical issues in straightforward terms.

We have an excellent reputation with the Belgian judges, and our experience allows us to accurately predict the timing, cost, and chances of success of litigation. We have a reputation for being creative and innovative problem solvers when traditional methods of dispute resolution have failed. Our patent team has also been instrumental in shaping landmark decisions in major national and EU patent disputes.

Supplementary Protection Certificates

In the life sciences sector, we have developed extensive experience in Supplementary Protection Certificates (SPC) litigation. This has led to our handling a number of related regulatory issues, which often intersect with IP rights, including issues relating to market authorizations, pricing and reimbursement, parallel import and abuse of dominance. [link to LS industry page]

Pre-trial Discovery

We have considerable experience with pre-trial discovery, including the liberal “saisie-contrefaçon” regime in Belgium. This regime allows patent holders to obtain fast, cheap access to evidence. On the other side of the fence, and by using an unconventional approach, we have also been able to prevent access to seized evidence, effectively bringing to an end infringement proceedings abroad.

Maximizing Investment

Our first objective is always to help businesses prevent and resolve legal issues quickly and favorably. Working together with our Corporate Group, we provide commercial and pragmatic advice on all aspects of patent transactions.

We recognize the intrinsic importance of patents to many companies, and we combine our legal experience with technical knowledge and business acumen to assist clients in drafting and negotiating research and development and collaborative research agreements, outsourcing agreements, transfer of technology, know-how and related intellectual property strategic alliances and joint development agreements, manufacturing agreements and marketing, as well as reseller and distribution agreements.

Patent Prosecution and the Regulatory Framework

There is little benefit in obtaining patent protection that is subsequently found to be invalid or severely limited by litigation. We therefore work closely with patent prosecutors to ensure that clients are aware of the latest developments regarding the prosecution and protection of their creative assets. We also advise clients on competition law issues related to the enforcement of patent rights (e.g., in relation to abuse of dominant position, exclusivity and parallel imports).

Insights

Firm News | 2 min read | 06.26.23

IAM Ranks Crowell & Moring in Patent 1000 2023

Washington – June 26, 2023: Intellectual Asset Management recognized Crowell & Moring in its IAM Patent 1000 – The World’s Leading Patent Practitioners guide, awarding the firm a gold band ranking as one of the top four firms handling patent litigation and transactions in Belgium, and a silver ranking for the firm’s Chicago office. The firm was also recommended nationally in the United States for trade secrets litigation. This marks the tenth consecutive year that the firm has been ranked in the guide in Belgium....

Representative Matters

  • Represented major players in the pharmaceutical industry in infringement and invalidity proceedings, and related proceedings (seizure proceedings, preliminary injunction proceedings) regarding generic versions of blockbuster medicinal products.
  • Defended a manufacturer of vegetable processing machinery in patent-based cease and desist litigation.
  • Represented an automotive parts manufacturer in a patent and trade secrets dispute about FSD shock absorbers.
  • Represented an international dredging company in a public tender matter before civil and administrative courts involving patent infringement questions.
  • Advised food producers on freedom to operate (FTO) issues.
  • Defended a multinational active in the sweetener industry in Belgian pre-trial discovery proceedings in the context of foreign patent litigation.
  • Executed the largest seizure (‘saisie-contrefaçon’) in Benelux on behalf of a producer of animal feed additives, resulting in the seizure of millions of tons of the infringing product. Patent and trade secrets infringement litigation following this seizure. Advised a machinery manufacturer on the interplay between patent and registered design protection.
  • Analyzed the enforceability of software-related patents in a portfolio, the object of an international M&A.
  • Advised a machinery manufacturer on the interplay between patent and registered design protection.
  • Advised a joint venture in a patent dispute regarding mobile internet on high-speed trains.
  • Represented a producer of laminate floor in an arbitration concerning a breach of a license agreement for alleged patent infringement.
  • Assisted a manufacturer in the automotive industry in U.S. patent litigation.

Insights

Firm News | 2 min read | 06.26.23

IAM Ranks Crowell & Moring in Patent 1000 2023

Washington – June 26, 2023: Intellectual Asset Management recognized Crowell & Moring in its IAM Patent 1000 – The World’s Leading Patent Practitioners guide, awarding the firm a gold band ranking as one of the top four firms handling patent litigation and transactions in Belgium, and a silver ranking for the firm’s Chicago office. The firm was also recommended nationally in the United States for trade secrets litigation. This marks the tenth consecutive year that the firm has been ranked in the guide in Belgium....

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Insights

Firm News | 2 min read | 06.26.23

IAM Ranks Crowell & Moring in Patent 1000 2023

Washington – June 26, 2023: Intellectual Asset Management recognized Crowell & Moring in its IAM Patent 1000 – The World’s Leading Patent Practitioners guide, awarding the firm a gold band ranking as one of the top four firms handling patent litigation and transactions in Belgium, and a silver ranking for the firm’s Chicago office. The firm was also recommended nationally in the United States for trade secrets litigation. This marks the tenth consecutive year that the firm has been ranked in the guide in Belgium....

Insights

Firm News | 2 min read | 06.26.23

IAM Ranks Crowell & Moring in Patent 1000 2023

Washington – June 26, 2023: Intellectual Asset Management recognized Crowell & Moring in its IAM Patent 1000 – The World’s Leading Patent Practitioners guide, awarding the firm a gold band ranking as one of the top four firms handling patent litigation and transactions in Belgium, and a silver ranking for the firm’s Chicago office. The firm was also recommended nationally in the United States for trade secrets litigation. This marks the tenth consecutive year that the firm has been ranked in the guide in Belgium....