Patents

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).