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Innovative and focused advice

We will give you the exact expertise required to bring your case to a successful commercial conclusion

Inventions, creativity and branding are the lifeblood of your business. Protecting and asserting your intellectual property and defending yourself against rights owned by others needs the very best legal representation. We have conducted some of the largest and most complex, multi-jurisdictional cases in this field. Our extensive experience ranges from the strategic and technical excellence needed for complex patent litigation to the tactical insight and commercial acumen involved in branding, designs and copyright disputes. This enables us to provide innovative and focused advice irrespective of the size, location, sector or complexity of the matter.

Tenacious and commercial

Before litigation we will be determined in seeking a commercial resolution to the dispute. But once litigation becomes necessary our specialist IP litigators will relentlessly defend your corner and be a tough and dependable partner, deploying legal and technical expertise to get you the very best outcome.

Technical and legal expertise

Our team incorporates patent attorneys and trade mark attorneys with deep technical and sector expertise as well as a large and experienced team of commercial lawyers and IP litigators. We will put time and thought into selecting people who will give you the exact expertise required to bring your case to a successful commercial conclusion.

IP disputes in China

Our dedicated China Disputes team comprises attorneys and lawyers, each with years of experience of Chinese IP litigation

IP disputes in China

Pharma & Biotech Patent Litigation Summit

Join us in Philadelphia as we proudly serve as Platinum Partners

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Specialists

for the result you need

Photo: Jonathan Colombo

Jonathan Colombo

Canadian Managing Partner | Barrister and Solicitor | Trademark Agent Barrister and Solicitor | Trademark Agent
Jonathan Colombo is the Managing Partner of Marks & Clerk Canada, and is one of Canada’s leading trademark litigators.
Photo: Kirsten Gilbert

Kirsten Gilbert

Partner and Head of Brand Exploitation, Protection and TM Litigation UK Solicitor (UK)
Kirsten is a Partner and Head of Brand Exploitation, Protection and TM Litigation UK at Marks & Clerk Law. Kirsten advises in a broad range of sectors including food & drink, financial services, pharmaceuticals, fashion and creative industries.

Kamleh J. Nicola

Partner | Co-Head of Litigation | Barrister and Solicitor Co-Head of Litigation | Barrister and Solicitor
Kamleh Nicola is a partner at Marks & Clerk and Co-Head of the firm’s Litigation practice in Canada.
Photo: Mike Gilbert

Mike Gilbert

Partner Solicitor (UK)
Mike is an IP lawyer who advises clients in a wide variety of business sectors on issues including litigation and dispute resolution, IP strategy and risk limitation, due diligence projects and commercial and licensing transactions involving IP.
Photo: Xuefang Huang

Xuefang Huang

Partner PRC Lawyer, New York Attorney
Xuefang advises on intellectual property law with a focus on all aspects of trade mark law, copyright law and related laws of PRC, including transactional work, disputes, IP due diligence, enforcement of rights, customs recordation, cybersquatting, unfair competition and litigation.

Amrita V. Singh

Partner Barrister and Solicitor
Amrita’s practice focuses on litigation in all areas of intellectual property, including patents, trademarks, copyright, confidential information and trade secrets.
Photo: Dafydd Bevan

Dafydd Bevan

Partner Solicitor (UK)
Dafydd advises clients on the enforcement and commercialisation of intellectual property. He has particular experience of strategic advice on the litigation and licensing of TMT, electronics and software patents, regularly advising clients on such cases in the High Court and Court of Appeal.
Photo: Charlie Balme

Charlie Balme

Partner Solicitor (UK)
Charlie is a Partner and patent litigator at Marks & Clerk Law who advises clients on the enforcement, defence and commercialisation of intellectual property, with a particular focus on patent and licensing disputes in the life sciences field.

Patent litigation

Top-level legal skills and specialised technical expertise

Our market-leading patent litigation team makes us one of the most frequently instructed firms in this area. We are regularly trusted with the most complex and high-value matters because of the strategic, legal and technical excellence of our top ranked patent litigators. We are as comfortable conducting a single national patent action as we are co-ordinating a team of trusted partners in international multi-jurisdictional litigation.

We advise across the full spectrum of sectors, from life sciences to high tech and engineering. Our life sciences clients include many of the largest pharmaceutical, biotech and chemical companies in the world. They have diverse product and innovator portfolios including monoclonal antibodies, new chemical entities, vaccines, research tools, bio-processes, formulations and dosage regimes. On the high tech and engineering side we work with cutting-edge global companies including those specialising in digital transformation, software and electronics as well as those in more traditional electrical, mechanical and energy and environmental engineering industries.

Many of our specialist litigators have a science or engineering background in addition to top-level legal skills. Where additional and specialised technical expertise is needed we can draw upon the world-class knowledge of our patent attorney colleagues.

In addition to traditional patent infringement, revocation and entitlement litigation, we have significant experience in representing clients in disputes concerning:

On the life sciences side:

  • Supplementary Protection Certificates (SPCs)
  • paediatric extensions
  • arrow declarations
  • data and marketing exclusivity
  • orphan drug Marketing exclusivity
  • life cycle management.

On the high-tech side:

  • enforcement of standard essential patents and FRAND licensing disputes
  • dealing with patent assertion by non-practising entities (NPEs).

Technical disputes

Our market-leading litigation team makes us one of the most frequently instructed firms in highly complex breach of confidence, trade secret and technical contractual disputes. Given that many of our team have a science or engineering degree (or beyond) in addition to their first rate legal skills, we are ideally placed to guide you and represent you when you are seeking to enforce or defend your position in technical disputes. Where additional and specialised technical expertise is needed we can draw upon the world-class knowledge of our patent attorney colleagues.

Trade mark, designs and copyright litigation

High-quality pre-litigation advice and tough litigation representation

Our expert team of trade mark, copyright and design litigators is ranked among the best. We are well known for our high-quality pre-litigation advice and tough litigation representation, protecting our clients’ brand reputation and creativity. We represent some of the world’s most well-known household names, iconic brands and the most creative and innovative designers and content producers. We are frequently instructed on the most high-profile trade mark, copyright and design litigation.

Our brands, designs and copyright expertise includes:

  • pre-litigation strategy
  • Representing both rights holders and defendants in trade mark, design, copyright and passing off disputes.
  • brand protection strategies and portfolio management.

We work across a broad range of sectors including consumer goods, fashion and retail, food and drink, media, music, sport, biotechnology/pharmaceuticals, telecommunications, high-tech and digital transformation.

Alternatives to litigation

Where confidentiality or sensitive ongoing relationships are a concern, sometimes litigation is not the best way to proceed, even when pre-litigation discussions have broken down. We have considerable experience in confidential arbitration and mediation as well as other alternative dispute resolution options.

Latest Insights

Article
- Tuesday, 24 September 2024

Deviation in recent caselaw from EPO Guidelines for mathematical methods

Recent developments in EPO caselaw, particularly decision T 1741/22, highlight a significant deviation from established guidelines on patenting mathematical methods. This decision raises questions about the protection of software and equipment for analysing received measurements, potentially impacting a wide range of industries.
Read more
Article
- Wednesday, 24 July 2024

National proceedings initiated before the transition period - The UPC interprets its relationship with national courts

On 2 May 2024, the Paris Central Division of the UPC issued a decision concerning the jurisdiction and the applicability of the Brussels I Regulation (recast) in the context of a patent revocation action brought before the UPC. In the ongoing revocation action brought by Nokia Technology GmbH against Mala Technologies Ltd., a preliminary objection filed by Mala Technologies required the UPC to examine its relationship with the national courts of member states.
Read more
Image: wording announcing Marks & Clerk as an award winner
News
- Friday, 12 April 2024

Marks & Clerk wins Managing IP’s Impact Case of the Year Award 2024

We are delighted to announce that Marks & Clerk has been awarded the Impact Case of the Year award at Managing IP’s annual ceremony in recognition of our standout work on the JCB v Manitou case relating to use of confidential information in patent actions.
Read more

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